Overdraft default placed 1 year after missed payment

[AEH1983]

Hi

I know default dates with overdrafts are a bit different so I wondered if someone could help please :-)
I have had a few narky calls from 1st credit...plus lots of letters, I had an arrangement to pay on an overdraft and the last payment according to them and the statement they sent me was April 2009 (I have paperwork showing the last payment was I fact September 2009!) anyway...they placed the default as April 2010, am I right in thinking it's statue barred now? And is the default date fair? I have lots of old debts that are now statue barred but still getting hassle, plus ones that are not statue barred and although I requested the original paperwork months ago still nothing! Should I send a prove it letter? Many many thanks! I'm pretty apprehensive about sending the letters incase it stirs up something or resets my clocks :-/
Alice

[AEH1983]

Re: Overdraft default placed 1 year after missed payment

Also the chap at first credit said as the overdraft was linked to a current account the bank were under no obligation to send a default notice (I asked for a copy of it) and one might never have been issued, he said Lloyds don't have a copy of it and this is maybe the reason why they don't, surely as I was in an arrangement to pay through a debt management company they would have demanded the money back at some point?

[nemesis45]

Re: Overdraft default placed 1 year after missed payment

Good morning welcome to LB.

The Limitation Act 1980 relevant 6 year period in regard to overdrafts/ current accounts, starts when
the bank demands immediate repayment in full or issues a final demand, a default arises when these
demands are issued.
A default should then be put on the account and recorded on credit reference agencies.

An important point is that the original creditor recorded the default Not 1st Credit, they just
update credit file data with their name etc., they cannot change the original default.

Which bank was the account with? To find out the facts as to when the demands were issued
you will have to make a Subject Access Request under the provisions of the Data Protection Act
1998, this requires the recipient to supply all the Personal Data it hold on a data subject they must
provide details from all accounts held with them.
Apart from the general request you can specify the demand documents

There is a ten pounds statutory fee to pay and the creditor has 40 days to comply.
Provide all addresses you had during the life of the agreement.

The request should be addressed to the Data Controller at the banks head office and
sent by signed for post.

nem

[AEH1983]

Re: Overdraft default placed 1 year after missed payment

Perfect thank you Nem, it was with Lloyds bank, I also had a loan with them too that the last payment was made in September 2009 so they should provide the full details on that at the same time then, but that one isn't too bad as I have the default letter dated January 2010 and the default on my file is February 2010 so that disappears very soon! I shall send the request to them! Thank you again.
Alice

[AEH1983]

Re: Overdraft default placed 1 year after missed payment

Nem
What do you know about old payday loans, my credit file shows good conduct for 4ish years now apart from old statue barred debts that go in the next few months...a couple of other bits from 5 years ago, plus 2 old payday loans. Gothia/red castle (who seem hard to work out actually as they are the same company) have started to chase an old quick quid loan from 2011, I have read a bit about the rulings and refunds, is it worth asking them to write of the debt on these grounds?
Thank you :-)

[nemesis45]

Re: Overdraft default placed 1 year after missed payment

Nem
What do you know about old payday loans, my credit file shows good conduct for 4ish years now apart from old statue barred debts that go in the next few months...a couple of other bits from 5 years ago, plus 2 old payday loans. Gothia/red castle (who seem hard to work out actually as they are the same company) have started to chase an old quick quid loan from 2011, I have read a bit about the rulings and refunds, is it worth asking them to write of the debt on these grounds?
Thank you :-)

Good morning,
Yes Gothia /Redcastle same group of companies acquired a portfolio of PDL accounts, a rather amateurish mob in my opinion, it's always worth a try AEH!!

nem~

[AEH1983]

Re: Overdraft default placed 1 year after missed payment

Lovely, I am going to give it a go! Nothing ventured nothing gained I guess! Thanks for your advice, I'm grateful as always! 😊

[nemesis45]

Re: Overdraft default placed 1 year after missed payment

Lovely, I am going to give it a go! Nothing ventured nothing gained I guess! Thanks for your advice, I'm grateful as always! 

Happy to Help AEH, have great Christmas and a happy new year!:santa_cheesy: nem

[AEH1983]

Re: Overdraft default placed 1 year after missed payment

You too!!!! 🎄🎅🎄🎅 merry christmas 😀😀😀

[AEH1983]

Re: Overdraft default placed 1 year after missed payment

Nem
Sorry another quick question! Ppi...I had 2 loans with ppi, after paying them for some time I realised I had ppi I didn't need (Lloyds and black horse) so I asked both companies to remove it, they said they couldn't but both offered new loans without ppi to pay off the old loan in full...which is what I did, so my question is, can I claim it back....even thou I defaulted on the 2 new loans that are now statue barred? It does sound particularly cheeky, but I'm in a don't ask don't get mood 🙊🙈 😊 thanks again

[Amethyst]

Re: Overdraft default placed 1 year after missed payment

Yes xx

I realised I had ppi I didn't need (Lloyds and black horse) so I asked both companies to remove it

Did they refund you payments already made at the time though ?

Did the two new loans that didn't have PPI on pay off the original loans in full including their PPI element ? Do you have any docs from those loans and the new loans consolidating ?

[AEH1983]

Re: Overdraft default placed 1 year after missed payment

Both companies used the money to directly pay off the loans themselves in full, BH offered a larger loan than needed so they paid the loan off direct and gave me the remaining of it, Lloyds lent to the penny. No money was given back to me, it was just the outstanding amount of the loan they told me on the day paid off in full. No paperwork for the original loans thou....I'm guessing that's an issue? Seeing as the age of them must be 7 years old I would struggle to get paperwork 😁

[Amethyst]

Re: Overdraft default placed 1 year after missed payment

hmmmm, sounds like you got done there.

I would be sending a Subject Access Request under the Data Protection Act to Lloyds and to Blackhorse for ALL information they hold on you including all agreements, transaction lists, screen notes etc - and say not limited to 6 years.... then get the PPI claimed back.

[AEH1983]

Re: Overdraft default placed 1 year after missed payment

Ok perfect, and yes looking back it actually makes no sense! It reduced my payments by £25ish on each a month I think, but extended the length of the loan as started another 3 year agreement 😬 thank you! Xx

[Debt Camel]

Re: Overdraft default placed 1 year after missed payment

re the PPI on loans. If you were offered a loan to repay the old one including PPI in full, then you definitely got done! I wouldn't bother with a SAR at this stage, 7 years ago isn't that long, just go through the standard PPI helpline: http://www.financial-ombudsman.org.uk/contact/PPI.html. If that doesn't seem to list the loans you are talking about, then go for full SAR.

re payday loan refunds - template letters here: http://debtcamel.co.uk/payday-loan-refunds/. NB these should go to the original payday lender, not any subsequent debt purchaser.