How can I remove an arrangement to Pay from my credit file?

[sleepless in stoke]

Hi everyone, I have read numerous posts on here and found them to be very helpful with several other matters I had, however this is my first post so if i do something wrong...i am sorry and any help would be greatfully received.

 

To be brief I took out a lloyds personal loan in July 2003 at the time i was told by the personal bank manager that because of my previous history with the bank (i had orginally had a student account with them which i wasn't very good at maintaining) that I could only apply for the loan if I took out payment protection. I was a naive 24 year old them so I agreed to go ahead with the loan.

For 12 months i was fine and didn't miss a payment, then in 2004 my wages were reduced at work (bonus related) my reduced salary was crippling me and i started to incur charge after charge for missed DD, going over my overdraft etc etc etc, I did not received any asistance from the branch when i approached them.

 

6 months later and 6 missed loan payments my account was taken away from branch and sent to a colections center in brighton.

i could now only deal with my account over the phone.

After my first contact with them they agreed to set up a payment plan of £100 a month £50 to pay off my overdraft and £50 to pay off my loan.

Over the next year they completely messed up the payment schedule some months taking out double the amount, some months taking out the orginal payment of £183 and also the £100...if I was overdrawn at the time, they wouldn't return the dd insted sent letters insisting i had to pay more money into my account to cover it.

 

i have followed some of the advice on here and also been in to see my bank manager as my account is now back at branch.

 

* I went back to my original £183 payment in August 2007

* In January 2008 I made a final payment of £5979.68 to close the loan.

 

My credit file is showing that the loan is settled but on all the payment months it has an AP assigned to it (arrangement to pay)

This is crippling my credit and I am being refused left right and center.

 

I have the original CCA agreements both my copy and the banks copy they are both unsigned!!! as i dont remember even returning them back to the branch.

I sent a request to lloyds to ask if they had any copys and sent the £1 fee.

I got a nice letter back quote

 

"Thank you for your letter dated 17th February 2009 requesting a copy of your credit agreement.

I am sorry but we are unable to provide you with copies of your loan agreement documents as they were never forwarded to us from the branch the loan was taken out at: however we can provide you with the information you require:

date loan opened, loan amount" etc etc etc

 

My main objective is to get the ap removed from my credit file I have already had £750 in bank fees refunded in 2005 which is half of what I worked out I had been charged. I acepted as I needed the money at the time,

 

Any ideas on what my next step should be???

Also do I have a case for mis sold ppi?

I am missing something else?

Let me know if you need any more info

 

thanks in advance

[dx100uk]

well i would certainly go for the ppi

as for getting the marker removed.

i doubt it somehow, they are not actually 'wrong'

 

dx

[sleepless in stoke]

Hi Dx,

thanks for you reply, I have been thinking...

The times when i went over my overdraft were solely because of the bank charges and overdraft interest charges...which i have since been refunded...it was never more than £35 so if i wasn't paying the ppi then i would never have gone over... it was only in the later months when the bank charges started acruing that things got really messy... i can remember 1 month i had £200 in charges alone. This is when i started missing the loan payments.

do you think this adds any weight to it?

thanks again

[dx100uk]

well thats good then

if you can prove [prob by you not touching the a/c in-terms of withdrawals] that their ppi/charges/int were the sole contributor then yep they will have to be removed.

 

sri its been quite a while since i did or heard of that as this stay is getting me brain forgetting thinks!

 

good luck

 

there are plenty of threads about the process though you seem pretty clued up.

 

dx

[sleepless in stoke]

Having slept on this one again.... because the bank cannot provide me with the original signed credit agreement and the loan was taken out pre 2006... does this deem it unenforceable? I do realise that because I continued to make payments that by default I have entered into a contract of sorts but surely this simple contract would not abide to the orginal arrangements such as when to pay and amount to pay etc., so as such surely I would not be in breach of contract when payments were missed

Do you think I am clutching at straws???

If not...I am composing a letter today...should I address all of these issues in the same letter or address each one separately

ie:

1. missold ppi, p.s this agreement I have is also unsigned

2. unsigned credit agreement,

3. failings by the bank to treat me fairly

4. Bank charges (which have been refunded) were a sole contributer to the poor state of my account

5. I am also looking into discrimination based on earnings as when all this happened I was on a salary of about £11k per annum...the bank hardly had time for me...now i earn in excess of 6 figures and I have my own personal bank manager who phones me on a regular basis just to see how i am!!!! they cant do enough for me now. BTW I have asked him about these issues and unfortunately he hasn't got a clue.

[dx100uk]

it prob would mean it is unenforceable, but not because of pre 2006 though, whatever that is?

TBH, yes, i think your are clutching at straws & i wouldn't go down that route, because unltimately i dont think thats what you want to do, shirk you responsibilities.

 

as i said IF you can prove their unfair charges resulted in you getting unkust markers on your CRA, then they would have to be removed, you might have already proved this by them refunding before? so why not ask the question of why were the defaults not removed when they refunded?

 

as for the mis-sold ppi, you have already given enough info here for [in my eyes] a good case.

 

with your current financial situation, i dont thing it will take too much for them to cough esp as they have not proff against it.

how about you produce your copy of the agreement [which every good customer has kept! lucky you] that should prove it.

 

dx

[sleepless in stoke]

Thanks again for you advice dx...

To clarify i repaid the loan in full in January 2008 and I dont owe them any money...I just need to get the ap removed from my credit file.

The 2006 thing is the updated CCA which states that you dont always need a true signature as applications can be made electronically. As my loan was taken out before that it doesn't apply.

 

I think you have helped me make up my mind on this, I will firstly try a more personal approach see how far that gets me before I start quoting CCA/ data protection/ deformation of charater legislation etc etc etc

 

What makes me really frustrated is that at the time they decided to reshedule my payments they said nothing about it crippling my credit file and the affects it would have on my future...if I had known then what i knew now there is no way I would have agreed to it. If fact thats what all the letters say..."here is your new payment schedule" not here is your arrangement to pay.. i have found this to be the practice of many organisations and I would like to lobby for a more transparent system especially in todays market where you are judged on your credit score and not on your affordibility....but that is another fight

 

thanks again i will keep this post updated