Defaulted by LloydsTSB - Any advice would be appreciated

[martys1st]

Hello All!

 

This is a great forum and I'm hoping some of you wise sages out there can help me out with my problem.

 

The Background: I had 2 credit cards with Egg & LloydsTSB and two years ago I was hard up and couldn't afford to make any repayments. I phoned both Banks and asked for a freeze for 3 months (i was due to start a new job after). Both Banks said (over the phone) no problem and so life went on. Egg stuck to it and when I started working again I paid them off no worries. Lloyds however screwed me over and as i also had a Lloyds current account they ripped out a couple of payments which left me broke and unable to pay my rent!

Long story short(er)... I stopped my DD to the credit card collections centre who were dealing with my card and closed my Lloyds Bank account so they couldn't take any more cash till it was sorted. For the next two years i was sent from piller to post with no department in Lloyds appearing to be talking to the other, throughout this time i was offering them a final settlement figure but nobody seemed to want my money, hard to believe i know! During these two years I wasn't shown as being in Deafault!

 

The Default: Anyway, In August 08 i finally managed to pay my settlement figure which was £100 pound less than i had offered them and they told me that they would update the CRA with a 'partially settled' notice, no mention of any Default or its consequences. I thought it was a right result!

 

On 31 Decemeber 08 (random), experian were informed to show me in Default with the outstanding balance still shown outstanding. Now at the time i had no idea about this as i thought it was all done and dusted. It was only when i went to close my experian account in February that they asked me if i knew i was in Default!

 

So, if your still awake, i'd like some advice on the best way forward to get this sorted. I've read some of the threads including the letter templates from learnmoney.co.uk, i'm just wondering, my Default notice hasn't gone on till 4 months after i settled the balance and at least 18 months after i stopped making payments due to the dispute!!

 

Does this help my chances in having the Default removed?

 

Sorry for the long post but we were hoping to buy a house this summer (my other finances are fine, touch wood) but this has left totaly up the creek!

 

Any help/advice would be greatly appreciated.

 

Thanks,

 

Marty

Edited April 17, 2009 by martys1st
Grammer

[GerryPerry]

You will need to start from the beginning in the process.

 

Write a Subject Access Request, there are several copies of these on various threads, and send it to whomever placed the default - its it Lloyd's Bank, or Lloyd's Cards - in fact you might do well to issue two of these, one to each company and see what you get back.

 

What you get back will determine the next steps.

 

Did you move while all this was going on? I ask because you should have received a Default letter which has to be spot on in wording for it to be valid.

[GerryPerry]

Try something like this

 

 

Dear Sir/Madam

 

Account Number:

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to the above account and any other information you have stored concerning me or my home address. .

Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.] If you need further information from me, or a fee, please let me know as soon as possible.

If you do not normally handle these requests for your organisation, please pass this letter to your Data Protection Officer or another appropriate officer.

Yours faithfully

 

[GerryPerry]

BTW, they have 40 days to respond under the DPA.

[martys1st]

Thanks GerryPerry,

 

Between paying the settlement ammount in Aug 08 and being Defaulted 5 months later! I was at my current address and I didn't receive any Default Notice at all.

 

On experian the default shows my old address which i left 18 months ago and the office i've dealt with sent the settlement letter to my current address. Does this mean the Default is tecnically invalid for being the wrong address and the wrong date?

 

I understand there are two approaches to tackling this - one with the SAR for Data Protection that you've mentioned and another challenging the CCA? Is that right?

 

Is the Data Protection Act route the right one in this instance?

 

Thanks for your reply mate

Edited April 17, 2009 by martys1st

[GerryPerry]

I don't think it'll be as simple as that, unfortunately.

 

You need to find out what info they have on you and whether or not its correct. Without this you could go around in circles for ages. The key aspects will be:

 

- the Agreement - is it properly executed?

 

- when and why did they default?

 

- get a copy of the default and see if its valid

 

- are there any howling errors you can spot that show they don't know what they are doing and act in a random fashion..

 

Your rights under the CCA would seem to me to be the way to go.

 

The DPA gets you the data they have on you and your rights on how they process it..

 

You'll have to have evidence that they have not followed the CCA and therefore not processed the data properly.

 

That will get the default removed.

 

It's very timeconsuming and methodical. It is very unlikley that they'll give in, but not impossible. However, you should write as if you would be happy to show it all to a judge, so stay focussed, unemotional and business-like, and try to establish facts that show there is an error on their part. Let them make the mistakes and be seen to be uncooperative and surly.

[martys1st]

Thanks Gerry i'll get that SAR blasted off then

[martys1st]

Just got the old; "we're sorry but your address doesn't match our current records, please send a certified copy of a utility bill yada yada yada..."

 

Sent them what they wanted, recorded delivery again with copies of 4 letters from LloydsTSB with my current address from March 08!! and reminded them of the 40 day limit.

Edited June 26, 2009 by martys1st
grammer

[martys1st]

So, the 40 calendar days have been and gone with no reply. I've sent the Information Commisioner an email listing my complaints so now should I get a solicitor involved or wait for the Info Comm to get back to me?

 

Do i still deal with the Data Controller section or start speaking to the LloydsTSB legal dept?

Edited June 26, 2009 by martys1st

[martys1st]

To anyone out there still reading,

 

LloydsTSB have replied (late) with a signed copy of my Credit Card agreement under the CCA 1974, all my old credit card statements, and a computer printout of their internal processes from their debt recovery section. In the covering letter they claim that they are still awaiting outstanding information from the Credit Card customer accounts & Customer Service recovery departments.

 

According to the statements, they continued to add late charges & interest for 4 months after i paid the full & final and this exaggerated total is what is still showing on my Credit Report even now!

 

Bottom line:

 

Default issued 5 months after full & final paid (and 18 months after i stopped making payments).

 

Default issued to wrong address (Best guess as no Default notice ever sent/received).

 

Charges & Interest contiued to be added months after full & final paid.

 

Ammount shown outstanding exaggerated.

 

Have asked the Financial Ombudsman to request the default removal on my behalf and i plan on waiting to hear from LloydsTSB before taking any other action.

 

That said any one got any ideas/advice? Is there a good solicitors out there who have challenged these defaults before and does anyone know what/where the guidance/rules are for the issuing of bloody defaults?

 

Good luck to all ; )

[GerryPerry]

I would write to Lloyds and ask why they were still adding late charges and interest after you settled and ask to see the mathematical calculation they have used to derivethe interest. Also question why the default has been issued.

[martys1st]

Does anyone know of a good solicitor/legal rep who has knowledge and experience in challenging Defaults?