Jump to content


  • Tweets

  • Posts

    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Are you claiming a modest amount and have you been defaulted


BankFodder
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6218 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I' like to get into a pm discussion with anyone who is claiming up to, say £2000 and who has been defaulted because of the non-payment of money which was comprised of bank charges.

 

Must like a thrill. :twisted:

Link to post
Share on other sites

  • Replies 59
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

HI Im looking into mine now, was with TSB around 6 years ago they defaulted for 2500 worth of charges. Was when i was still in college and they gave me a select account think i was paying them £3 per month for the privelidge. Thing was i was only on 30 quid a week, so it started when i didnt have enough in the bank to cover the 3 payment and they charged me £30 for it, and it all snowballed form there.

 

Also whats the score with this 6 years, can you not claim after that time, and how would i go about getting my account number off them. As it has been that long

Link to post
Share on other sites

Hi was just over 18, to be honest didnt know about credit/debit cards then. didnt even have an overdraft - was just gettin paid 30 per week yts money. they defaulted my account for £4700, and i have a ccj. 99% of that are charges. Just looking into it all now, but my 6 years are up next month. i really feel like ive been screwed royally

Link to post
Share on other sites

What exactly do we mean by the term "Defaulting" and what does it cover? I wouldn't be at all suprised to learn that I fall into this category and I do love a good old "Jolly Boys Outing" through the Court. More Detail Please...

all ideas and information exchanged willingly, bounce the ideas around,it helps everyone at the end of the day, good luck to you all and God Bless...LoL Graham & Yvonne

Link to post
Share on other sites

  • 1 month later...

After 40 days exactly we received our DPA info and have calculated the last 6 years over 2 accounts one account adds up to £4035 my husbands sole account £3476. Acording to our statements and copy letter we had from the bank before requesting the amounts it was only adding up to half these amounts So our bak have given us more info than we were aware of. We today emailed and sent in the post our request for repayment of charges totaling £7511. Lets hope the bank manager has a good stock of valium when he sees our request. Meanwhile we're keeping our fingers crossed it goes through smoothly however we do have a new bank account and family solicitor on standby should the need arise!!!

 

Is anybody else requesting a large amount like this????

Link to post
Share on other sites

BankFodder......Does it have to be with LLoyds?

 

Halifax defaulted us for £715.86 in November 2003.

 

Having just received our statements under the DPA request, the total charges to that specific date amounts to £2,024.00

 

We've never incurred a charge since that date, largely due to the fact that we switched to a HSBC basic account - no overdraft facility, and NO charges for failed DD's etc.

 

In case it matters, we have just issued our Prelim.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

  • 2 weeks later...

I've just had my account with HBOS which is 322.00 overdrawn on a 100.00 overdraft referred to Blair Oliver & Scott Solicitors. I'm expecting the default notice through any day now...

 

Incidentally, the charges take up almost all of the balance & I acutally 'owe' them just under 28.00...

Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

 

Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

 

Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

 

HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

 

RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

RBS - Claim 2 - Settled in FULL £777.95 08/09/2006

 

 

BOS A/C No. 1 & 2

Amount - £586.39 claim plus 8% interest

SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

 

Halifax Visa Data Protection Act Disclosure Received

 

First Direct Data Protection Act Disclosure received

Link to post
Share on other sites

I was defaulted by Lloyds TSB for £300 (all charges) I am just in the process of sending the DPA letter and I expect that I shall be claiming around £6-700.

does this help?

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

If it helps, I will probably be claiming for something in the region of £300, and received two formal notices from LTSB. Currently waiting on credit report to confirm the default.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

Link to post
Share on other sites

  • 2 weeks later...
:confused: Hi I would like to know why I am being charged for returned direct debts when the money was in my basic account on the same day as the DD's were taken out, this happened on the May bank holiday week-end. Can I stop Llyodstsb from taking the charges out of my account. The DD's where returned very early in the morning, surely if you get your money in before close of business you have not gone overdrawn.
Link to post
Share on other sites

Hi, please start a new thread as your details are not relevant to this topic. Thanks.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

HELLO

 

After spending some time on this site i decided to write a short but to the point letter to Lloyds and witin 6 days they got back to me basically saying "NO". I am only trying to get back £120 back in returned DD, i know it's not thousands, bujt i'm a single mum now and that amount is alot. WHAT AM I SUPPOSED TO DO NOW. PLEASE HELP;:|

Link to post
Share on other sites

  • 4 weeks later...

I have (should have been had) an account with Lloyds, and thought i had closed the account down. I was serving in iraq and had arranged to change banks. I wished i had had the foresight to keep a copy of the letter, but i was foolish and did not. Recently i recieved a letter from Lloyds stating i owed them £4479.06. I havent seen a bank statement since i asked for the account to be closed nor have i recieved a bank card/cheque book in that time neither. Obviously i will be getting a crime reference number and am disputing the charges/amount as i simply have not used the account. My query is will i have a default because of this and will it show up on my credit report?

Link to post
Share on other sites

  • 2 weeks later...

LloydsTSB have charged me £4000 over the last 6 years. I asked for refund as a good will jesture and they refused saying the the terms and conditions of my contract with them allowed them to charge me for me not staying in credit with them... It looks like I will not be getting any of my money back

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

Link to post
Share on other sites

Why so negative jadest? As mentioned in your 'Welcome to the forum' thread, the money really is yours for the taking. You mention you can't afford to risk the court costs - but think of the payoff if you do!

 

And I have to say - I honestly do not believe there is much of a risk in any case. Lloyds have not brought one single case to the Judge, and have settled in full including court costs before people have had to enter the court. You're really, really missing out if you don't follow this through.

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

claiming 2000 pound about

 

no defult yet

 

setting up new account monday

COME ON LLOYDS WERE IS UR CHRISTMAS SPIRIT

PAY THE NICE PEOPLE OF CAG THER MONEY

 

SO FAR:

LLOYDS TSB:

29/05/06, - Data Protection Act sent

15/06/06, - Staements recived

19/06/06, 10:00 - Phoned Copy Statement Unit(0121 633 5452) - told them they didnt send full statements.

19/06/06, 11:00 - Call From Copy Staement Unit, Sending ALL Statements again INCLUDING the missing 3 Years.

24/06/06, - Statements recived

27/06/06, - Prelim Sent

03/07/06, - Standed Letter recived - LBA SENT

05/07/06, - More Statements recived

 

[email protected]

Link to post
Share on other sites

I' like to get into a pm discussion with anyone who is claiming up to, say £2000 and who has been defaulted because of the non-payment of money which was comprised of bank charges.

 

Must like a thrill. :twisted:

 

Hi, I've just found your post (above) and as I haven't received a response to my post (see below). Just wondered if you're still looking for people who want to claim 'modest' amounts? Please accept my sincere apologies if you're no longer looking and I've bothered you...

 

Hello All

 

I've been having problems with RBOS since 2001, read your site and acted on impulse (or out of sheer desperation :sad:). Now I can't sleep as I think I've done everything wrong :sad: . Please someone read this as I am worn down by being bombarded by letters and nasty telephone calls 5 years later :sad:. I sent the following letter:

 

---------------------------------------------------------------------

Dear Sirs

 

Re: Account Number: XXXX, Sort Code: XXXX.

 

Due to recent media coverage on bank charges I am now aware that you, The Royal Bank of Scotland have been charging me, charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

 

I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition, I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79. along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

 

Your charges appear to be nothing more than a profit-making scheme. Therefore, I require you to refund my entire bank at a total of £705.16, representing the total, unlawful during the last 6 years. I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.

 

Yours sincerely

 

-----------------------------------------------------------------------

 

After closer inspection it is not £705.16 that they have charged me within the 6 year limit. They charged me £610.00 (charges, without interest charges), or £735.28 (charges, including interest charges). Although these amounts may not seem a lot to some people, it's over a months pay for me.

 

Which one do I claim, with or without interest charges included? Or is it too late? My account was overdrawn and the charges just made matters worse and therefore snowballed (they charged me £1,500.00 over 23 months, which pushed me deeper into an overdraft). They have said that they will contact me in 5 working days regarding the above letter.

 

The whole situation with them is very confusing, but here goes...

 

1. RBOS were taking most of my wage in charges so I had it paid into another bank. I then began paying the overdraft off with RBOS from January 2001 for 2 years via standing order, everything was fine.

 

2. Suddenly, RBOS got a debt recovery agency to start collecting the money in January 2003. The debt recovery agency did not record payments properly and therefore (according to RBOS) they (the debt recovery agency, not RBOS) put a default on my credit report, which now ends 23/05/09.

 

3. RBOS again changed the company who collects the money a further 3 times.

 

4. Even though I have been paying the overdraft off each month for fear of getting a CCJ, the balance in Sept 2003 was £1,346.36, RBOS say the current balance is £1,318.36. This simply cannot be the case, over 3 years I cannot have only paid £28.00 off?!

 

5. The current debt recovery agency keep contacting me to pay the 'debt' off at a reduced rate, in fact a day after sending the above letter they sent me a letter asking again! I have refused as I am on a very low income and cannot afford to pay it off, even at the reduced rate.

 

6. Over five years later I can still only get a basic bank account and have a default on my credit report purely due to the situation with RBOS - a CCJ now appears the better option!

 

With sending the above letter I feel I have totally messed things up, I just want them off my back once and for all (possibly even get some of my money back). It's really getting me down after 5 years of fighting a losing battle with them...have I totally messed up?

 

Best wishes

 

Milly

Link to post
Share on other sites

  • 2 weeks later...

On one of my lloyds bank accounts i was 17 when i opened it ....... they gave me a 400.00 overdraft when i turned 18 ....... then the bank took it away at 100.00 per month it is now with debt reover i was only 100 overdraft they added

80.00 worth of charges ............. just wonderingthat because i was a minor when i signed the contract do the terms and conditions apply ??????

Link to post
Share on other sites

  • 2 weeks later...

Greeting Again!

One question,

Can you request compensation if an establishment who has put a default notice against you?

According to a what I have read so far, if I have not giving anyone permission to advertise my personal information to a third party, then that person/establishment has broken the data protection act.

Link to post
Share on other sites

  • 4 weeks later...
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6218 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...