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Old Disputed Defaults on Experian


Tygermoth
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Hi guys,

 

I have trawled the forum but could not find the answer to this one (but i bet it was here somewhere)

 

Two years ago i challenged a debt with a DCA and demanded that they produce the signed agreement. i got a letter from the original debt company (Lloyds) stating though they believed the debt was mine they no longer had any copies of the paperwork and were not obliged to because:

 

1 - The loan was taken out in 1999

2 - I had made payments towards the debt (after the stat of limitations)

 

I challenged this debt because i believed that i was being fleeced as the original debt was £500 but despite regular payments over and above this amount for a number of years it seemed to never go down!

 

When i queried the amount owing i was adv £2900! I asked and asked how this amount was reached, but was fobbed off. i had great joy in telling the DCA they could not collect on this debt and left it at that.

 

However i got my credit report yesterday (all green) except Lloyd's has defaulted that loan!

 

Can they do that? can they place a default marker on a loan that i have a letter showing that they have no record of my agreement??

 

Thanks once again,

 

Tygermoth

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Hey there!

 

I think you have a valid argument to have the default removed. Take a look within the Legalities section of this very forum as there is plenty of assistance on default removal just waiting for you!

 

When was the default placed on the file by the way?

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If the default notice they served on you contained the wrong figures it is invalid and would most definatley give you grounds to challenge the Default on your file

 

this is backed by case law, the judgment of Kennedy LJ in the case of

Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255 states that the Default notice must be accurate if its not its unlawful

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