LLOyds OD + £2k of charges

[mabski]

hi all

this is my first post on here so forgive me if its in the wrong place .

i have a debt with lloyds tsb for £579 which they defaulted in april 2006 .

now at the time i was in and out of work and in the year previous to the default i paid around £2000 in bank charges . each month they took around £300 in charges which i couldnt afford , which caught me in a vicious circle of repeatedly going overdrawn due to the charges .

in the last month i banked with lloyds my wages were paid in and i took every penny out up to my £200 overdraft limit and left it like that as i had truely had enough and didnt want to give lloyds anymore of my money.

the problem now is this default is messing with my chances of getting any new credit and the dca that are chasing it are really getting on my nerves.

so what i need advice with is how do i go about getting this default removed

would it be best to hit them with a claim for my bank charges back or a request for a cca?

would a cca request apply to this type of debt

any advice would be greatly appreiciated

[cerberusalert]

If it was a credit card or loan you can send the cca request if it was an overdraft it's not covered by the CCA.

 

You could send a SAR http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca which will cost £10 & you should receive copies of statements which will enable you to reclaim any unfair charges.

[mabski]

thanks cerberusalert

like i said in the year before i paid at least £2000 in charges plus the £379 on top of the overdraft they are now asking for.

so i think i could get up to £2000 back

but if i claimed my charges back what would be the likelyhood of getting the default removed?

[cerberusalert]

You should be able to get most of your charges back, but I'm afraid you won't have much luck with getting the default removed.

[mabski]

so getting my default removed is a no no then

shame coz id rather get that removed than get my money back

i want to buy my house next year and i know that default is going to cause me some problems when i try to get a mortgage

[dx100uk]

and you are sadly ofcourse going to hit a brickwall until the court case is settled.

 

 

ther emight be light at the end of the tunnel theough.

 

if you can PROVE [and that will be gained when your chagres are refunded] that the default was SOLELY because of their unlawfull charges, then if they refund, it should be removed

 

hth

 

dx

[cerberusalert]

and you are sadly ofcourse going to hit a brickwall until the court case is settled.

I take it you're referring to the OFT case?

 

A lot of creditors are now paying new claims for unfair charges probably realising they are going to lose the case mentioned above.