Moongarden Vs Lloyds TSB and now 1st Credit

[moongarden3]

I did a bank charges case against Lloyds TSB, went to court on 20th April 2007 and won the case.

 

At the time of the court date the account in question was overdrawn by around £700 mostly made up of charges. Lloyds didn't turn up at court and shortly afterwards I received a notice from the courts saying "it is ordered that 1. The Defendant pay the Claimant the sum of £2878.88 2. There be no order as to costs". By September 2007 I still hadn't received the money from Lloyds - no contact from them at all despite me chasing - so it was back to the court, pay £55 quid and they sent in the bailifs and a couple of weeks later I got the cheque.

 

The account has been frozen since and is on my credit file as a Default.

 

Recently I have been contacted by 1st Credit chasing £887.99 which I dispute - what do I need to do next?

[BoSBoY]

well if the account was overdrawn, as you said most of which was charges then when you got your cheque would that not have included what you owed, so in retrospect you should have cleared the balance.

 

if your claim did not include the overdrawn balance then you should have started a second claim and advise the bank the account was in dispute.

 

no sure what you can do about it now but i am sure someone will be along soon with some more useful information.

[moongarden3]

hi Bosboy,

 

yes I think I should have cleared the balance at that point - I thought they could just close the account and send me a cheque for what I had won minus what I owed them (like I requested!)

 

i currently have another case pending against Lloyds which is on hold.

 

My main aim is to clear the debt and have it removed from my credit file - i could try settling with 1st Credit?

then i think i might have to go back to court to get it removed from my credit file as it was the charges which made me overdrawn.

 

i'm just hoping to see if anyone has any advice for me?

thanks

[BoSBoY]

if you have the money you could try to bargain with them, tell them you will make one full and final payment only if they agree to remove the default.

 

get this in writing before you pay.

 

you could also try going down the route of unjust default, what with the ongoing high court test case.