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Wrong defaults - urgent

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  • #16
    Re: Wrong defaults - urgent

    Originally posted by nemesis45 View Post
    Personally I cannot see this going further after 12 year especially as the especially as it would be reasonable to expect the account holder to have monitored his/her accounts 12 years of money being debited unnoticed is I'm afraid not convincing,
    As per my previous posts, I fully concur with this, 12 years is a long time not to have taken any action with regards to the account.

    Originally posted by nemesis45 View Post
    nor on reading though all this again can I see reason to amend or remove a default.

    nem
    Here I have to disagree, the OP defaulted on their credit card in 2003 when they found out the PPI had not been transferred to the new credit product and were not covered. The fact that the bank started to help themselves to the money using set off should have been an indication that the relationship had broken down and the criteria for recording a default would have been met back then. There wasn't even an arrangement to pay, the bank were paying themselves. :ohwell: The account should have been defaulted in 2003, there's no reason the default should still be on file 12 years later, regardless of whether no action was taken to sort out the set off situation.

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    • #17
      Re: Wrong defaults - urgent

      Originally posted by FlamingParrot View Post
      As per my previous posts, I fully concur with this, 12 years is a long time not to have taken any action with regards to the account.


      Here I have to disagree, the OP defaulted on their credit card in 2003 when they found out the PPI had not been transferred to the new credit product and were not covered. The fact that the bank started to help themselves to the money using set off should have been an indication that the relationship had broken down and the criteria for recording a default would have been met back then. There wasn't even an arrangement to pay, the bank were paying themselves. :ohwell: The account should have been defaulted in 2003, there's no reason the default should still be on file 12 years later, regardless of whether no action was taken to sort out the set off situation.
      I cannot see that the default is technically wrong, but this is a case for the ICO and a written submission to the commissioner is the only way of going forward.

      nem

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      • #18
        Re: Wrong defaults - urgent

        Originally posted by FlamingParrot View Post

        Experian is one of them, there's also Equifax and Callcredit (Noddle).


        Do you mean I should also check callcredit and equifax? not just Experian?


        If you want the default amended/removed you need to contact the DCA in the first instance and possibly the CRAs with the full account history, you don't need a solicitor and the Ombudsman idea was in relation to the whole shambles with the account and all the charges added rather than the default itself.

        ok...So instead of dealing with lloyds, we should be dealing with 1st Credit instead?

        Claiming damages as a result of a wrongful default is a bit of a minefield, and there's also the fact this has been going on for 12 years... :ohwell:

        I see your point, but I feel anger, lots of it!!!:mmph::mmph::mmph::mmph::mmph::ballchain::bal lchain:

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        • #19
          Re: Wrong defaults - urgent

          A DCA or Debt Purchaser will not be able to amend/remove a default date this was placed by the original creditor and cannot be changed and any queries should be addressed to the Data Controller at the original Creditors Head Office.

          nem

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