Default Notice - Issued >6 years after last payment

[mubeenahmed82]

Having checked my credit file through Experian earlier this year, to my horror I noticed I had a default issued against my account by Lloyds TSB for £1600 in Jan 2012. Having investigated, this was due to a student overdraft at an address I havent lived at since 2005. I acknowledged the debt at this point and made a partial settlement of around £1200 to a credit agency that the debt was passed on to. I attempted to negotiate they remove the default, but they advised that they had no authority to do so, and only Lloyds might be able to that, once the account is satisfied. I then sent a letter politely asking them to remove the default, which they responded with an automated letter, asking me to call them. Having called, I was advised there was no way they could remove, but I left the balance of around £400 outstanding which I thought I might be able to use a negotitating tool in the future to remove, once I found out a bit more information.

Having looked through various forums, I requested a copy of the orginal agreement and the notice of default issued under referencing the CCA act 1974, and chased by letter a couple of times, but Ive had no repsonse since my first letter dated 31/5/12, which I sent not long after I partially satisfied. I then called the Consumer Debt Recovery department of the bank, who advised they had not received the letters even though i have evidence of recorded delivery.

Additionally, they advised the account had now been transferred to Cabot in July this year - this was different to the DCA I partially satisfied with. They provided me telephone details of the company. I called them today, and they had no details of mine whatsoever! Someone took my details and said theyd call me back next week. Apparently 'It could be that my file had not transferred over from Lloyds yet'!. Another curious point to this is that on Equifax, up until about July the balance on my account showed the £400 outstanding, however today, the balance is showing as the original £1600 still outstanding.

Checking around on some forums today, I've found that overdrafts arent covered by CCA 1974, which might be why they havent responded to my letters?

However, I have found out that the debt might be statued barred as its from such a long time ago. I've just sent an SAR letter to Lloyds, which I'm confident will confirm that the default was issued 6 years after I made any sort of payment, but was wondering what my chances are of having this default removed?

Any help on this would be greatly appreciated.

Thanks!

Mubeen

[Celestine]

Re: Default Notice - Issued >6 years after last payment

Hi there

Subject close to my heart this!

Was the student overdraft 'consolidated' into an outstanding loan amount. This is a common trick of Lloyds.

Were you defaulted in 2005 originally? You say you made a part payment to a 'credit agency'? Do you mean a DCA?

When you discovered default, who did you contact?

Do you have proof of the payment made in 2005?

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Hi Celestine, thanks for such a quick response!

The default only appeared on my credit file in Jan 2012, so even though I had no contact regarding the debt between 2005 and now, the default notice was apparently only sent this year.

I'm not sure if the student overdraft 'consolidated' into an outstanding loan amount. How could I find that out? Yes, I made a part payment to a DCA having spoken to Lloyds (who I contacted as soon as I found out about the debt), as they apparently could not receive the payment.

See, I dont even remember making any payment in 2005, so it could be then or even further back than that. The response to the SAR letter should confirm when any payment was made, shouldnt it? Or maybe I suppose they might not have that information?

Thanks again,

Mubeen

[Celestine]

Re: Default Notice - Issued >6 years after last payment

Well you could say that if the documents you receive only go back 6 yrs and show no evidence of settlement, then that would reinforce your view the debt is statute barred.

And why is the default showing as 1600 not 400??

Who applied the default in January 2012? Lloyds themselves? After the debt has apparently been sold in 2005. Weird.

If the debt is statute barred and you can prove it, then whomever applied that default is in breach of s.13 of the DPA.

There is a process to get it removed. It's not easy but hopefully we'll have an even clearer picture next week when my Court case against them for almost identical circumstances commences.

[Celestine]

Re: Default Notice - Issued >6 years after last payment

And why have you not received post from Lloyds? Have you moved? Did you receive a default notice even?

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

And why have you not received post from Lloyds? Have you moved? Did you receive a default notice even?

Looking forward to hearing about your case next week, what a coincidence that its so similar!

I have moved house from then, yes. Im sure I advised them of the move but cant prove it, so the post was sent to that address all these years I assume as well as the notice. On the credit reports ive seen, there doesnt seem to be anything previous detail to the notice on my account in jan 12

Thanks so much for your interest and responses, really looking forward to your case next week.

Lots of good luck!

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Any other thoughts or advice on this case or any similar experiences anyone would like to share would be greatly appreciated

[Celestine]

Re: Default Notice - Issued >6 years after last payment

Well you could get cracking on a really good letter to send to them. You really do need the data contained within that SAR to fight properly though.

If the debt is statute barred, it should be a relatively simple process to demand they remove it.

I'm still confused why you've been defaulted for 1600 and not 400?

If you would consider going VIP, you will be able to read about some of the ongoing cases of this nature at present.

Look into case law regarding Kapohraror v Woolwich and Smeaton v Equifax. I don't think Durkin v HFC; which is the best known default case law will apply to your case as this default did not flow from the formation of a contract. (Negligent Misrepresentation)

I don't think we need to worry about whether the debt is CCA or not. This looks like s.13 DPA and Limitation Act 1980 is all you will need.

Lloyds are absolute gits to deal with, so do consider the possibility that you may have to issue proceedings.

Has the default caused you any refusal of credit or cost you any money/opportunities?

Lastly, make sure you watch WatchDog tonight on BBC1~Defaults will be featured.

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Thanks again, I will send off the SAR request and hang on, I will indeed go VIP once I hopefully get the details for the SAR. The only thing I can think of with regards to the 1600 rather than 400 is that the 2nd DCA which the account was apparently transferred to (Cabot), have advised that they havent got my details and are possibly processing my details, which is delaying updating my details. On the phone, Lloyds did acknowledge my payment of 1200, which I do have proof of, but in the 'transfer of details' to Cabot, maybe this has caused some sort of break - totally speculating here though!! The account on Equifax showed 400 outstanding from May(when I made the payment) to June, but from July shows 1600 outstanding!

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Hey Celestine,

Hows it going with your case? Hope its going well

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

I've just received copies of old statements showing the last payment I made was on 4th December 2003 which proves the debt was statute barred. My concern is that I made a payment of around £1200 after I discovered that a default was placed on my account in only January 2012. I was wondering if this payment could affect getting this default removed? Once the payment is made, does the statute barred period restart?

Any help on this would be greatly appreciated.

[miliitant]

Re: Default Notice - Issued >6 years after last payment

the debt is still statute barred, as long as a period of six years has passed since the last payment or/and no letter acknowledge the debt also in that six year period

can you give me a time line on this debt

who was demanding money and what action you took as cabot has been mentioned since the payment in 2003

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Hey Miliitant, thanks for the quick response.

After the default was placed on my account in Jan 2012, which I discovered from my credit report in March, I rang up Lloyds to query the debt who advised that the debt was now with a DCA (I cant remember the name of the DCA, although I do remember it was a company in Leeds). Prior to my discovery, I had no contact from Lloyds from as far as I can remember, and I did not acknowledge the debt. I then rang up the DCA and made the payment of £1200 - soon after my discovery in March and it was agreed the remaining debt was deemed to be partially satisfied.

Since then, I found out from Lloyds that the remaining debt was passed on to another DCA. Initially I was told this was passed on to Cabot, but I actually rang them up and they could not find my details. A couple of weeks ago I got a phone call from another DCA (again, I cant recall the name!) chasing the remaining ~£400 debt. I advised them that I made a payment earlier in the year and I told them that it was agreed that the debt was partially satisfied and they should not be chasing the remaining amount. They said they would speak to the original DCA to confirm and get back to me if they needed to. I havent heard anything from them since.

Let me know if you have any need any more information you think is relevant. Thanks!

[miliitant]

Re: Default Notice - Issued >6 years after last payment

(I cant remember the name of the DCA, although I do remember it was a company in Leeds).

WAS IT LOWELLS OR TOCATO

I WOULD BE CONSIDERING A CLAIM UNDER THE DATA PROTECTION ACT FOR THIS DEFAULT BEING REGISTERED AFTER SIX YEARS. THE INFORMATION COMMISSSIONAIRS OFFICE STATE A DEFAULT SHOULD BE REGISTERED BETWEEN 3 AND SIX MONTHS AFTER THE CAUSE OF ACTION. THIS IS SPITE

PLEASE GET A PRINT OUT OF YOUR CREDIT REPORT FOR EVIDENCE AS THE BOVINE EXCRAMENT IS ABOUT TO HIT THE FAN

I WILL DO YOU A LETTER IF YOU WISH BUT TELL ME

HOW DO YOU KNOW IT WAS LLOYDS WHO PLACED THE DEFAULT AND NOT THE DEBT COLLECTION AGENCY AFTER IT WAS SOLD

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Thanks! A letter would be amazing!

Im not sure who placed the default on my account, I always assumed it was Lloyds, but it could very well be the DCA.

The snapshot from my credit report for your reference is. Interestingly it doesnt show the amount Ive paid and says the whole amount is outstanding:


Current Account from Lloyds Tsb Current Accounts (I) / XXXXXXXXXX8460

Name	Mr xxxxxx	Date of Birth	xx
Terms	0 @ £ 0 (Monthly)	Status	Defaulted
Current Balance	£ 1,693	Start Balance	£ 0
Credit Limit	£ 0	Default / Delinquent Balance	£ 1,692
Start Date	28/08/2001	Date Updated	16/08/2012
Date Last Delinquent		Date Satisfied
Default Date	09/01/2012

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

J

F

M

A

M

J

J

A

S

O

N

D

2012

D