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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
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Lloyds default on my credit file for unauthorised overdraft that was paid off.


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Hi, can anyone offer me some advice.

 

I've recently discovered a default on my Credit file from 2014,

i don't know why I've not seen this before,

either blinkers on or I've just not checked thoroughly.

Its for £154 from Lloyds,

 

 

i moved bank accounts a few years ago and in doing so once the overdraft facility had been removed etc there was a negative balance on my account for £154,

 

 

it was there for a few months and then paid once i had realised, so is settled but the default has been registered.

 

I don't recall receiving a default notice for this at the time,

the negative balance was created through overdraft facilities being withdrawn,

therefore utilising i assume an unauthorised overdraft, then the account was closed when it was cleared.

 

I contacted Lloyds using the nicely nicely approach asking them to consider removing the default as it was for such a small amount that was causing a negative affect on an otherwise healthy credit file.

They wrote back saying why they registered it and no, they wouldn't remove it.

 

 

having no recollection of ever receiving a default or notification of default i wrote to them, enclosed a £1 postal order for their time etc and they wrote back.

 

They say

 

 

"We can only remove a default if its been registered due to an error and this isn't the case in this instance.

Data forwarded to the credit reference agencies has to be sent in line with the data protection act,

 

principle 4 of the DPA states that personal data shall be accurate and where necessary kept unto date.

if inaccurate data about one of our customers is held by the credit reference agencies, we'll be in breach of the DPA.

 

Removing the default we've recorded with regard to your current account debt would mean we are not reporting accurate data.

 

We don't retain copies of default notices, or enforcement notices in the case of overdrafts,

and we are not obliged to do so

 

That being said i can confirm that we sent an enforcement notice to you on 18th November 2013.

 

This explained that if you didn't repay the outstanding amount your account would be passed to our consumer debt recovery department and a default recorded on your credit file with the credit reference agencies, to stay in place for six years.

 

Your current account was considered to be in default on 12th feb 2014 when the balance was overdrawn by £154.49

 

We are not obliged to keep paper records indefinitely and as your account was closed over 2 years ago I'm not not able to supply you with a copy of the application form.

 

However i have enclosed a copy of the final statement we issued on the account and this confirms the amount of £154.49 was outstanding. Yours sincerely.........

 

Can i go anywhere with this,

they are claiming that they aren't obliged to keep copies of notices sent to me,

their records state they did send it, i say i never received it.

 

The debt was cleared by me and this is shown on the statement they have sent to me with the letter.

They claim that the letter they sent me stated (see underlined above)

 

if i didn't repay the outstanding amount my account would be passed to their debt recovery department.

They make no mention in the letter that they apparently sent about time scales or when the debt should be repaid by or state how long i had to pay it, only that if the debt wasn't paid. But it was paid.

 

 

There is no letter to refer to to check as they don't have one, only the comments made above.

 

Could this be my get out clause

the fact they make no mention of how long the debt had to be paid ?

Or do they have to be able to provide the info i have requested under the CCA ?

 

 

Im not sure if its covered by the CCA 1974

but in one of their responses they stated that the default will remain there for 6 years in line with the CCA 1974.

 

Appreciate any pointers. Thank you.

 

Is it important to add, the account was closed ,

it was transferred to a new bank who took care of all the dd transfers, balance etc,

so when the Lloyds account was closed i never received any request or demand for payment or agreed with them to set up a repayment plan for the balance that was left outstanding.

 

 

It only came about as i finally received a request for payment from a company called apex acting on their behalf.

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under ICO guidelines all they have to do is record one was sent.

they appear to have done this.

 

 

the standard period is 14 calendar days after postage.

 

 

cant see much you can do.

 

 

how about a BRIEF pleading letter to the CEO?

 

 

take it a mortgage is on the line?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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its very rare one default causes a mortgage co. to refuse you now

esp after the edict from the BOE today ...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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its very rare one default causes a mortgage co. to refuse you now

esp after the edict from the BOE today ...

 

My daughter got refused a mortgage due to a £50 or so Vodaphone bill that was disputed!

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