Thanks sea-sidelady - I'll get on to it now. It's really frustrating that they've just completely ignored the fact we mentioned the hardship waiver!! Grrrrr!! I hate banks!

Hi I'm resurecting this thread in the hope that someone will be able to help us. As mentioned many moons ago my auntie & uncle were charged a huge sum over 6 years by the TSB. They were fobbed off & then the freeze was put on reclaiming, so we were just waiting to see what happened. However, my uncle who was only 55 suddenly passed away in May. Which has basically left my auntie in a dire financial position. She only works part time as a carer and still has my 2 cousins living at home with her - the 18 year old is at college & working part time & the 20 year old has learning difficulties and is at college. The outgoings are currently around £400 a month more than they have coming in! We wrote to Lloyds TSB on 14th August 2008 as I thought she had a good case to claim the charges under the hardship waiver. Lloyds wrote to her on 16th September 2008 sending their condolances but have gone on to igore the financial hardship claim and just reiterated where the test case is up to and told her to basically get lost. Should I refer this to the Ombudsman now or should I try another letter to Lloyds pointing out to them that the have missed the point completely & forwarding an income and expenditure? If I need to do the latter do I include income from my cousins to - I'm guessing they get EMA's? I really would apreciate any help with this, I really want to help my auntie, she deserves a break, she's had such a sh!tty time of it.

Sorry about that - I wasn't sure of the right place to post my query. I haven't submitted an official complaint, nor have I contacted the ICO - I'm guessing this should be my first actions?

I'm just after a little advice if possible? After getting into a few financial problems a few years ago, I finally decided to get rid of the problem (the ex). I bought him out of the house & borrowed enought to pay of the debts. However, as I didn't have enough to pay them off completely I agreed a % with them - around 70%ish for each one. In Cahoots case this has left a £55 debit balance on a current account that almost 3 years later, despite telling me 3 times they've corrected it with the CCA's, is still showing on my credit reports. They have notified CCA's of changes to my loan and credit card account & these are showing as settled & closed. I have been writting to them on and off for almost 3 years about this now. The last 'lot' of letters started in April & I've rec'd the odd reply but only to tell me to forward a copy of my credit report as they can't find any record of it!? I've read I can get a court order to make them move this incorrect information - does anyone know how I do it & what wording I need to use? I've also contacted the CCA's which are no help whatsoever! Any help would be really appreciated. Cheers Ellielou

Not a dicky bird from anyone regarding my last letter However, I note that Cahoot have not corrected an item on my credit report & it's been that way since June 2005, despite them sending me a letter confriming the correction!!!! I've had a letter from them asking me to forward a copy of my credit report, which I did (over a month ago) with a letter giving them 14 days to correct the info, I also had another go in the same letter to get rid of the default (it was worth a go). Now they haven't replied or removed the items - so I guess my question is where do I go from here? Do I file a complaint to the Information Commisioners Office or do I get a court order (or are they the same thing???). As you can see I'm a bit clueless as to where to go next with this one so any help would be appreciated x

None, they all refused to move the defaults. I've tried another tack now (see letter below) but had no reply to any of these yet - looks like I'll just have to live with them Thank you for your letter dated 22nd June 2007. My credit report shows the default was registered on 06/08/2003. The credit report also goes on to explain that status code 8 means; ‘The account is in default. You have failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended.’ I was having difficulties with payments due to my ex partner being made redundant and Next requested that I made an arrangement to pay for the goods I obtained . You will note from your records that in early March 2003 I wrote to Next explaining the difficulties and reasons for these. I also informed you that I had developed a payment plan with the Consumer Credit Counselling Service and offered Next a monthly payment of £5.00. These payments were accepted monthly by Next until a partial settlement amount was offered in April 2005. The fact that Next accepted these payments monthly until the account was partially settled indicates this was satisfactory. Therefore the default on my credit report is incorrect. A default should not be used as I had responded satisfactorily to requests to bring payments up to date. My finances are now in order and this entry on my credit file, as I am sure you will be aware, is having a significant detrimental effect on my credit worthiness. I have confirmed the above facts with The Information Commissioners Office and should the this entry not be corrected within the next 14 days I will seek a court order to force you to correct the entry. I look forward to your response within 14 days.

No news at all - to be honest I haven't really followed any of these up, mainly because I was stuck on where to go next.

Good news if anyone interested Letter from Vodafone stating that they will remove the default and all late payment indicators from my records & a check on my credit report shows they have done just that!!!

crh you are a star :) Thanks for chasing this up for me - I'm dead busy at the minute so these may have to take the back seat for a little while. Although might see if I can find anythink on net about Limitations act - I'll post here if I find anything. Once again many thanks xx

Hi crh I sent letters of & have now rec'd replies - I've stared a new thread so I don't end up hijacking yours Consumer Action Group > The Bank Action Group - against unlawful bank charges > Legalities > Data Protection and Default Issues Attempt at getting defaults removed Sorry I don't know how to put the link in! Would you have any advice as to where I go from here? Many thanks Ellielou x

I sent 5 letter soff a few weeks ago along with the S10 Notice - I've had 3 refusals - any advice would be much appreciated........... M&S The Limitations Act 1980. Allow you the comsumer to bring any action against us for up to 6 years after the contract has ended. As a result we are permitted to hold and process your data for up to 6 years after the contract has ended so that we can contest any action brought against us in court. Next Have included ICO Data Sharing info - I think this is the one http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_%20agreements%20-%20data_%20sharing.pdf First Direct quote - Financial Services Act 1986 Money Laundering Regulations Tax Management Act 1970 & thier T&C's - to prevent crime, to verify your identity and to recover debt, we may exchange information with other members of HSBC, and, where appropiate, with fraud prevention and debt recovery agencies and other organisations including lenders. FD retian data until we are confident that it can be deleted from our records. FD would only delete data if it was confident that it was no longer required or if directed to remove by the Dta Protection Commissioner. Sorry to be so long winded - but has anyone else had anything similar & where should I go from here. Ellieloux

Suzanne I just wanted to let you know I think you're doing really well, it can be really daunting taking on the banks.I've successfully managed to get all my charges back from various bank accounts & credit cards. Now I'm helping my auntie get her charges back from Lloyds & her claim will be around the £9k mark, so I'll be watching your thread with interest.;-)

Great news Cheryl - it's a great feeling isn't it? I'm just reading up on Llyds claims - going to help my auntie get her charges back over £7k and £1,500 in stat int

Thanks for the advice crh. I've sent off 5 letters recorded delivery today. Fingers crossed I have as much success as you did

Thanks for this - I've opted to try this approach first - "Having been a customer of Vodafone since 3rd November 2000, originally via Singlepoint and then with Vodafone from 16th July 2003. I am extremely disappointed to find that after over 6 years of loyalty to your company I find my self with a default for £70.09. I moved mobile contract provider in December 2006 thinking that my Vodafone contract had ended and due to the fact I received a cashback deal from my new provider. You will note from your records that upon being made aware of an outstanding balance of £104.09. I made an immediate payment of £25 and set timescales for repayment of the debt. You responded on 22nd April 2007 that the account was in the hands of the collections team and I should contact them. However, in early May I was in a position to repay the remaining amount of £79.09. This was forwarded to yourselves via cheque, which was debited from my bank account on 10th May 2007. I note that the default was registered with the Credit Reference Agencies (CRAs) on 29th April 2007, one week before the debt was settled in full. I feel this to be an unnecessary entry on my credit file, as this will seriously damage my credit rating for the foreseeable future. I therefore write to request that this entry be removed due to the fact I was a loyal and valuable customer for over 6 years and that the small amount you have defaulted will have a massive detrimental impact on my future." I'll try this first & see what they say, then I'll try the other approach. I'll keep the thread up dated with progress