Llyods default removal

[Simplythebest]

Hi guys have previously posted about my default with Lloyds, I have my SAR back from them which basically says no account activity since may 2005 then basically the account just adds interest until they default me in nov 2010. I live in Scotland so do I have any grounds to have this removed as they defaulted me after this debt was stattue barred. Or do I have any grounds at all to have this removed. Any help on my next step to take would be great.

[The Debt Star]

Re: Llyods default removal

Do the OFT Guidelines on Defaults apply to Scotland? If so, then surely the Default should have been recorded on your CRFs within 3 to 6 months or so of your non-payment.

I may be wrong but I don't think the statute barred argument is the main thrust of your argument; I think you should argue that the Default should have been filed sometime in 2005 and that it is unfair to record that now, on a statute barred debt.

You should focus on the CRAs first and foremost, while complaining to Lloyds as well. Press for the Final Response from lloyds and insist the CRAs supress the data in the meantime. This they will resist but they can and will do it.

I can let you have the contact emails for some senior reps at Equifax and Experian if you want to PM me.

[gravytrain]

Re: Llyods default removal

Have you contacted them to tell them that the debt was statute barred and they therefore defaulted an account that did not exist ?

Under Scottish law, I think I am right in saying, the debt is actually extinguished and not just unenforceable as it is south of the border, logically I would think that this would mean that no default could be recorded after the SB date'

[Simplythebest]

Re: Llyods default removal

Thanks any help much appreciated, just need sum pointers in what's the best thing to write and who too? Who do I write to at Lloyds to get the ball rolling and of course the senior reps at equifax etc would be good.

[gravytrain]

Re: Llyods default removal

Some moere infor here

http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm28384.htm

Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 12th edition at Chapter4.). These debts are completely extinguished and cannot be enforced.

[Simplythebest]

Re: Llyods default removal

I have all account statements etc which prove no transactions on account since may 2005 but no default until nov 2010. Haven't contacted Lloyds directly but have played the stattue barred card with debt collectors apex and several others but it just gets passed on. Any ideas who and where I send a letter to Lloyds and what I should say. Thanks for replys

[The Debt Star]

Re: Llyods default removal

Under Scottish law, I think I am right in saying, the debt is actually extinguished and not just unenforceable as it is south of the border, logically I would think that this would mean that no default could be recorded after the SB date'

A different approach is required in Scotland then!

[Simplythebest]

Re: Llyods default removal

Yeah it's a legal minefield not sure what to do next need a contact with Lloyds where I can argue my point. Don't want this default for another four years grrrr

[The Debt Star]

Re: Llyods default removal

You WON'T have it for another 4 years. That Default HAS to be taken off your credit files.

But wherever you live in the UK you're gonna have to complain to the bank and to the credit reference agencies to get anything done about removing the Default. 'Cos yeah, it'll just sit there if you don't get proactive with 'em!!!

[Simplythebest]

Re: Llyods default removal

Ok happy with that as Lloyds have defo made a mistake with this, So any ideas who best to write to at Lloyds? If you don't mind debt star I will pm you for cra contacts. Anybody who has any ideas on best things to put in letter and what details I must give like bank statements etc, would be so grateful for any help. Thanks guys

[gravytrain]

Re: Llyods default removal

I think I would use both arguments, firstly I would say that the account was statute barred in xx/xx.xx( five years after the date of the last payment), the account entered into default into xx/xx/xx, the date you defaulted on your account.

Under Scottish law (Prescription and Limitation (Scotland) Act 1973), the debt became "extinguished". Since no account existed after this time no default should be registered.

In any case the ICO guidelines state that a default marker should be entered when the account first enters the default condition and no later than six months form the date of the breach of contract or cause of action.

[Simplythebest]

Re: Llyods default removal

This was an overdraft basically I was a small amount into overdraft and moved accounts forgot about account and the interest just built up over five years so does this change anything. The overdraft limit was £200 and it just incurred interest for five years with no activity in this time they now want £312.

[gravytrain]

Re: Llyods default removal

Did they send annual statements? was the account terminated?

[The Debt Star]

Re: Llyods default removal

even if it wasn't gravy, they should have defaulted years ago

[Simplythebest]

Re: Llyods default removal

I had moved address got married etc so didn't recieve a thing but they have produced statements up until they default me.