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bigsteve81

help me with a default

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hi I was hoping for some help with regards to an overdraft which I had with Lloydstsb. I stopped using the account I would say probably in 2006 if not maybe a bit later. I know that in 16/03/2007 I had an account with Bank Of Scotland, but before this date I have a different account with clydedale bank which I think I opened in 2004 so I would of stopped using the account then.I only opened the new account because I was claiming back the money of unlawful charges which they apllied to my account (which i was successful in getting back action-smiley-033.gif). So im not fully sure when I stopped Using the LloydsTSB account. To my horror today I noticed that LloydsTSB have put a default on my account in 2008, which I did not recieve notice of. But this could of been my fault as I did not tell them I was moving back in 2004 (when I became a student). Is there anything I can do to try and get this default removed? I have read somewhere that I could haggle with what im meant to owe and once we are at an agreement say I will pay slightly more to get the default removed. But only pay this when everything is in writting. The only thing I worry about is that I havent had contact with the bank for many years and the account must be or nearly be stauted barred. Any advise to what I can do would be great. I'm just looking for a way to get the default removed from my account, if i have to part with money then that is fine.

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Getting defaults removed is very difficult but not impossible. The bank may be willing to remove the default in return for a suitable sum but it could be pot luck in terms of how responsive they'd be to such a suggestion.

 

It may be worth sending the bank a subject access request to try and get a copy of the default notice (or indeed find out if one was really sent) as if it was defective you may be able to get an injunction through the courts to force its removal. Im not sure how easy this is in practice and its probably best to seek the advice of a legal professional.

 

The issues surrounding time barring can be complex and i would caution you from putting too much reliance on waiting for the debt to become barred.

 

I take it the bank still dose'nt have an updated address for you?

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