2 Defaults for being 75p OD - same debt - Lloyds and Lowell - **DEFAULTS REMOVED**

[LondonUser2015]

Hi,

 

I recently created a thread in another sub-section and I was very happy with the advice I received and it enabled me to get a default cleared from my name. However I have another issue as it seems I have 2 defaults on my credit file for the same debt.

 

I defaulted on a Lloyds current account in 2010, I left the balance as zero but their account charges and returned DD charges pushed my account to around £450 overdrawn and then they defaulted me. They placed a default on my credit file then sold the debt to Lowell portfolio who then also registered a default so I have 2 for the same debt.

 

I have tried to get experian to resolve this but I get hit with the same jargon as other people have that when a lender looks at my credit report they will only see 1 default. This is not the case as I recently applied for a mortgage and I had to send a copy of my report and it had both in there and both had to be logged on the application form for the mortgage.

 

Can anyone advise me how to get the default removed from my credit file. Who do I write to? Are experian correct or is it still not right for 2 defaults to be on my credit file for the same debt?

 

I was given an offer of a mortgage at a very high rate because of this 2nd default and I could do with getting it removed?

 

Also where do I stand with regards to the original debt of £450. I didnt borrow any money and it is made up entirely of their charges even though I notified them that I had lost my job and not to take any more money from my account? I keep getting letters saying I can pay half price and they will clear the debt and have been told when they do this its because they have no legal right to claim the money? Advice needed....

 

Also I have SAR'd them and received all my paperwork its almost 500 pages but from the statements you can clearly see that its made up of only charges.

 

I was helped before by DX who I thank enormously if I can get this matter sorted then everything will be complete. I await your replies and help and thank everyone in advice. This forum is amazing and like others I have spent countless hours reading it.

 

Thanks

 

Also just to say I will take the matter to court and follow it through until the end. I am quite handy at preparing documents and would have no trouble firing off letters or writing documents for court if it enables me to remove these defaults as they are unfairly affecting my life. I could live with the 1 default but the double whammy of 2 for same debt is too much. And i got it wrong the deafult is from November 2011.

[i hate bailiffs]

Have you gone through the complaints procedure with Lloyd's

If not do so as the charges are probably unlawfully and may get a result

 

As far as I am aware a account can only default once it should only be lowlifes that have the default showing

[LondonUser2015]

Can I still go through the complaints procedure now? And I'm sure I read that if your default is in complaint stage with the bank then Lowell have to return it to them therefore removing their default or am I wrong? I need some help with what avenue to go down as I'm waiting to write a letter right now I just need the help if anyone can advise....

[dx100uk]

Lloyd's copy of the account ldally should now not be showing once they sell it on

 

Are thee defaulted dates the same?

 

You have the default notice? In the sar?

 

How much of the balance can you prove are penalty charges?

 

DX

[LondonUser2015]

The balance of the whole 450 was penalty charges.

 

 

They were account fees like £15 a month for the silver account,

£4 a month identity theft,

2 returned DD charges

and the rest is overdraft fees because I had no arranged overdraft but it is all bank charges.

 

 

And yes the amount and default dates are exactly the same.

 

 

I haven't seen a default notice in my SAR pack what would it look like?

 

 

The only thing it says on the report next to the lloyds default on my credit file is debt assigned to cais member,

then Lowell with the same amount and default date.

 

 

It is definitely the same account I only ever had 1 with lloyds.

[LondonUser2015]

Thanks DX by the way glad you've had a look you helped me before...

[dx100uk]

it is quite ok for both entries for the same account to show

however ideally the Lloyds entry should not still be there

 

 

if the you could write to Lloyds and demand the default is removed as it is solely made of 'bank charges'

none of which are 'your' own self made transactions, but bank ones.

 

 

under ICO guidelines , that used to make the default notice invalid

not sure it still does mind.

[LondonUser2015]

Thanks DX for your advice I will scan and post a copy of my statements up when I get home from work and then I can decide what the best route to take is...thanks again

[fkofilee]

Complain to this guy...

 

[email protected]

[SabreSheep]

They were account fees like £15 a month for the silver account,

£4 a month identity theft,

 

These could be reclaimable with interest!!!!

[LondonUser2015]

..

 

I have posted my statements leading up to me losing my job and stopping using my account.

 

As you can see on the 10/09/2010 there was a 6.99 ID aware charge that put my account 75pence overdrawn.

 

This was the only time in the month period that I was overdrawn

 

they have charged me £75 for being 75pence overdrawn.

 

The charges then spiralled all the way up to £435 and I got hit with 2 defaults

1 with LLoyds and

1 with Lowells.

 

Am I the only one who thinks this is mightily unfair?

 

A 75pence debt turned into £435 and 2 defaults?

 

Can anyone advise me what the best course of action would be now?

 

Please help

[fkofilee]

Christ, what a surprise. That IDaware rubbish that Affinion International did with Lloyds Branding...

That was a crap product.... Ooops I said too much.... But then again so do others who worked on the product.

 

Complain to the email addy i gave you earlier

[LondonUser2015]

What should I write in my complaint? And also is it worth doing it by email or by post?

 

And there is definitely no default notice in my SAR pack and also on the logs of when the account was getting bounced around on their internal systems it goes direct to DCA there is no mention of any letter or notice issued?

 

I really want to get this sorted I will write whatever I need to I just need to know what angle I should come from.

[theformerdebtor]

Hi LondonUser.

 

My OH is in the same possition with Lloyds.

They did an entry on credit file for the sum with charges,

we reclaim the charges which we got back,

and then they did another entry for the sum that was left.

 

 

Couse the second one not even right.

Looks like whoever from Lloyds did this was not very good at maths.

 

I bet Lloyds did this to a lot of their customers.

 

How did it go with yours so far?

 

Thanks

TFD

[LondonUser2015]

Hi, sorry I have been away I have had other issues in my life but I have been going through all my documents and have written a 1st draft letter which I would like some advice on with regards to wording and any changes that need to be made. Here is my draft letter which I would like to send:

 

Dear Sir/Madam,

 

I recently requested all of my Data held with yourselves in the form of Subject Access Request which I have received and I thank you for this. However I would like to begin a complaints procedure as there are some issues with my account that I am not happy with. I have 2 defaults on my credit file with regards to this. I will list my complaints below and also my account number and sort code:

 

Account Number: XXXXXXXX

Sort Code: XX-XX-XX

 

1) I draw attention to my account between XX/XX/2010 and XX/XX/2010. I had a balance of £6.24 and on XX/XX/2010 £6.99 was debited from my account for the ID aware payment due for that month. This left me £0.75 pence overdrawn and this was the only time I was overdrawn in the month. You charged me a penalty of £75 for being £0.75 pence overdrawn. This is completely unfair and not a true reflection of the cost of credit extended to me by being overdrawn.

 

2) As a result of this charge which I notified the bank I could not afford you then proceeded to add more charges over the next 3 months which spiralled to £435 which you then defaulted me for. So for a £0.75 pence overdraft it has become £435 of debt.

 

3) I did not have an overdraft facility and I should not have been allowed to go overdrawn in the first place which would have resulted in none of the charges being added.

 

4) You then placed a default notice on my credit file without sending me any kind of default notice to my home address.

 

5) You then proceeded to sell my account to a debt collection agency but you did not remove your registered default on my credit file and the debt collection agency proceeded to add another default notice so for the past 5 years I have had 2 defaults on my credit file for the same debt which has had a detrimental effect on me and is completely unfair.

 

6) I can’t remember asking for the ID aware service that was on my account that put me overdrawn and then produced these debts to spiral out of control.

 

7) I lost my job at the time the account closed and was in financial hardship and I notified the bank of this at the time and was not given any help or relief of any kind which is disgraceful.

 

I would like you to investigate these matters. I find it beyond belief that being £0.75 pence overdrawn can turn into £435 of debt and also result in not only one, but two defaults for the same debt being registered against me on my credit file. I demand that you contact Lowell Debt Collection and ask them to return the account to you for investigation and also to remove the default notice they have issued against me.

 

I would then further demand that once this investigation is completed that you also remove the default from my credit file as it is not a true reflection of what has happened. I will be taking legal advice with a view to escalating this to the Information Commissioner, Financial Ombudsman and also to Court if I need to. I hope this can be sorted out amicably and I look forward to hearing from you soon.

 

With Regards

 

Can anyone give me some advice as to whether I have missed anything or should add or remove anything? I want to get this letter sent off as soon as possible to see what they say but I think I have a pretty strong case. If anyone can help at all and let me know, thanks

[LondonUser2015]

Hi LondonUser.

 

My OH is in the same possition with Lloyds.

They did an entry on credit file for the sum with charges,

we reclaim the charges which we got back,

and then they did another entry for the sum that was left.

 

 

Couse the second one not even right.

Looks like whoever from Lloyds did this was not very good at maths.

 

I bet Lloyds did this to a lot of their customers.

 

How did it go with yours so far?

 

Thanks

TFD

 

Lloyds and their DCA's have been bombarding me with offers to pay half of the debt

and clear it so I am sure there has been some sort of errors along the way.

 

 

I have been away so havent been able to sort things but it doesnt surprise me that LLoyds are trying it on with you.

 

 

Surely if they refund some of the charges for you that would make the initial default invalid

as it was not a true reflection and if they then want to submit a new default

would they not have to send you a new default notice

or at least give you the chance to pay the correct amount owing

therefore not defaulting on it?

 

 

How are you getting on with it?

[LondonUser2015]

So I sent that letter to Lloyds by recorded delivery and had this reply about 10 days later....

 

 

 

with 1 letter I got the 2 defaults removed

and I must say I think this is a very satisfactory response from Lloyds

and a bit of common sense s

 

 

I cant really fault them Im just annoyed I waited 4 years to post the letter as I wasnt very hopeful.

 

I have checked my credit file and Lloyds have already removed the default although Lowell haven't but they have to within 60 days.

 

I have a question,

if I contact experian and show them this letter

can they then confirm with Lowell and speed up the process so I dont have to wait 60 days?

 

 

Surely Lowell would have to confirm its true immediately.

 

Im sure this will make interesting reading for a lot of people

but the only thing I can say is to post up on this group as you will get good advice

from a lot of people

 

 

id like to also say thanks for the help and replies taking the time out to do it.

 

I have got another thread which is soon to be resolved aswell so have a look if you want, thanks

[silverfox1961]

Hi and well done.

 

All creditors have access to the Rapid Update System used by the credit reference agencies so I would encourage (!) Lowell to remove it now rather than in 60 days which (to me) is way too long.

 

The CRAs rely on the creditors to supply accurate info and as such, it is highly unlikely that Experian will do anything but it can do no harm to try.

 

What I would do (and against the norm) is phone Lowell (recorded of course) and demand they remove their default ASAP.

 

Has the debt been cleared as well?

Have you started the reclaim for the extra charges they have added.

 

In your SAR, did it show where you contacted Lloyds to explain your circumstances? If yes, there is a chance to get those charges removed as well.

[theformerdebtor]

Lloyds and their DCA's have been bombarding me with offers to pay half of the debt

and clear it so I am sure there has been some sort of errors along the way.

 

I have been away so havent been able to sort things but it doesnt surprise me that LLoyds are trying it on with you.

 

Surely if they refund some of the charges for you that would make the initial default invalid

as it was not a true reflection and if they then want to submit a new default

would they not have to send you a new default notice

or at least give you the chance to pay the correct amount owing

therefore not defaulting on it?

 

 

How are you getting on with it?

 

Nothing happened really.

Is the same.

 

 

No letters sent no letters received.

I was thinking to send them the same letter.

 

 

in about 5 months will be 6 years from the default.

 

 

Everything will probably gone then.

Not sure what will happen after the six years period.

Would they gonna put it again......

[theformerdebtor]

Hi LondonUser and well done with this.

 

Whats the address that you sent the letter to?

And whom you address it? What dept. please?

 

 

Thanks

TFD