Hi all, been a while! Just a quick one - i;ve been out the loop for a bit, I had a credit card with lloyds that i unfortunately defaulted on last year - they have sold it on to a credit management company and theyve been taking £10 per month. I have recently decided to sort it all out, and it dawned on me that i took this card out in 2006ish, and its probably full of unfair charges and ppi too from memory. How would you go about this? I was thinking i should SAR Lloyds to work out the charges / ppi etc and try to claim it back - if it works i would hope that it offsets the amount i owe? Any advice much appreciated!

sorry to butt in a year out of date but are they allowed to default you over ten years after the occurrence of the debt? i thought they had to issue the default within 6 months..unless i have misunderstood... did you get your mortgage?

hi all, thanks again for the responses. I've sent what was here, but will definitely bear in mind that the clause is most likely unfair if he tries to claim some sort of damages for any late post! cheers

thanks for the quick replies guys - yes the majority of it is bank looking mail. We've always tried to get it to the landlord and it can be a real pain, but we're nearing the end of our tenancy and the landlord has decided to remind me of this clause and says he is waiting for important mail. I will of course forward anything that is here, (quite alot) but its not all from within 7 days, so wondered if this may be some sort of deposit keeping tactic!

Hi All, Just wondering whether a clause in a tenancy agreement is enforceable? it says the tenant must forward all correspondence addressed to the landlord within 7 days, and reasonable costs incurred by the landlord due to the tenants failure to comply are to be repaid. The landlord gets alot of mail, and its not always easy for the tenant to remember or find the time to do it, any thoughts?

thanks for all the replies, i think i will do as helios suggests because it appears to me that they are asking me to sign to confirm i will not breach contract, yet they have already breached contract by not paying me!

guys, any ideas on how i could word my reply to their email stating that they will pay me once i have signed another declaration? thanks in advance

thanks helios, luckily its all made up of basic & accrued holiday pay, so as far as i could see they cant withhold...i wanted to take them to a county court to save on costs, and i was told i could charge interest on the money owed? As i said to Kurva, im wondering if i refuse to sign their latest declaration, and they decided to go to court would a court think i was being unreasonable, but im starting to think from the kind replies from you all here that they have to pay up whether i sign again or not!

i spose youre right, i dont want to give them control back, but i could do with the £! also, the reason the MD gave me for withholding my pay was 'youve left, so why should I do you any favours? sue me.' that was why i sent the legally worded letter... basically theyre just being annoying!

Thanks for the reply, yes i already have threatened them with court, and they are big, but it seems cut and shut to me - its illegal to withhold pay full stop, and they wouldnt want a ccj - i just wouldnt want a court to suggest that if im refusing to sign another form then i may be thinking of breaching the covenants - my point is that i already signed to that effect by signing their contract! (so to be fair i am refusing out of principle) so you think im ok to refuse and just reaffirm my demand for payment?

Hi all, hoping for some advice if possible... I recently resigned from a sales role, to move to another firm after feeling very 'pushed out'. Turns out i was right to, as a week later they made all my colleagues re-apply for their jobs on a much lower wage... Anyway, when i left they treated me really badly, making me commute an unreasonable distance during my notice period to another office, withdrawing my company vehicle early, bad-mouthing me etc etc. they made an enormous fuss about restrictive covenants in my contract, and even conducted a recorded exit interview to reaffirm those covenants. Since then, my notice period has finished, and they have not paid me. After ignoring my calls and emails, i sent them a letter (recorded) threatening to take them to court (as per the emploment rights act 1996) to recover the money owed, and also claim any bank charges etc incurred as a result of not being paid. As if by magic, the day they rec'd my letter i got an email stating that they want me to sign yet again to confirm that i will not breach the restrictive covenants before they will release my salary. As I see it, i already signed to this effect by signing their contract when i joined them, and again it was affirmed in the exit interview, which to me, means that i am under no obligation to sign anything further, but they do have an obligation to pay me. They should have paid me on the contracted payday, and for them to deliberatley not pay me, then ignore me, i do not see why i should have to sign another form before they agree to pay me. My question is this, if i refuse to sign anything else, and it goes to court, will a court accuse me of being difficult or would they agree that i do not have to sign anything (especially as my contract is now officially terminated) but that the company are obliged to pay up regardless? Essentially, as they have interfered with my finances, and it is against the law to withhold wages, why should i sign anything and give control back to them? shouldnt they just pay up? Sorry to ramble, thanks in advance for your replies!!

Thanks for your replies guys, all very helpful...thought I'd share it here too..

and this one from ODC... As it is a Cap One debt I will be very surprised if Lowells can come up with an Executed Copy of your CCA request. The best they will come up with is a poor photocopy of you application form which will not contain all the prescribed terms. If this proves to be the case the debt would have been unenforceable in Court. Whilst I do not advocate this as a means of Debt Avoidance I do feel that you may have paid our friends in Leeds a lot more than you needed to and they still defaulted you.

Had this reply from Gizmo111 : Its a standard reply and your account of zero is put on hold There is no harm in sending the credit report to them, they can't do anything with it.

You can see their reply on The Consumer Forums > The Consumer Forums Debt Action Group > Debt Collectors and Debt Collection Agencies Hi, After some help with default removal Lowell as I cant attach here, and cant work out how to paste the scan on ....

OK, this was my letter to them... Lowell Portfolio I xxxxxxxxx Enterprise House xxxxxxxxxxxx 1 Apex View xxxxxxxxxxxxx Leeds xxxxxxxxxxx LS11 9BH xxxxxxxxxx 20/09/2007 Your Reference xxxxxxxxx Dear Sir / Madam, After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name, at my previous address of xxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxx I moved from this address in 2002, and sent change of address details to all lenders with whom I had accounts. You sent me a letter to my more recent previous address of xxxxxxxxxxxxxxxxxxx, stating that I owed you £493.74 for a debt that you had purchased from Capital One, which I immediately paid, in full by debit card. My query specifically and only relates to the Default registered with the Credit Reference Agencies. I have never received any documentation relating to this, and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974. Your obligation also extends to providing a statement of account. - I enclose a £1 postal order in payment of the statutory fee. 2. You Must supply me with a true and certified, signed copy of the original Default Notice, as per Sections 87 & 88 of the Consumer Credit Act 1974 and the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993. 3. You must supply me with any Deed of Assignment if the alleged debt was sold on. I request that this data is provided to me at my current address of xxxxxxxxxxxxxxxxxxx within the next 12 working days. If you are unable to provide this data then I must insist that the default be removed from my files as unsubstantiated. Yours faithfully xxxxxxxxxxxxxxxxxxxxx

Just pasted this from the DCA forum as i'm after some extra advice and also think its relevant to this forum... Hi everyone, brand new to this and after some advice if poss...to cut a long story short, back in 2001/2 I had a Cap1 credit card, which through separating with my ex and selling the house etc got kind of forgotten, and I heard nothing about it for years..out of the blue, I got a threatening letter from Lowell portfolio in Dec 2005 demanding nearly £500, (the credit limit on the card was £200, so couldn't possibly have owed that much) but nevertheless I instantly paid them by debit card, and thought that was the end of it.. Then I got the online creditexpert service last month, and discovered that they had applied a default, with a 2002 date on it, having conducted an unrecorded enquiry search on my file in 2006, (strangely AFTER I paid them). I honestly forgot about this card with the house / kids stuff going on and instantly paid for it when they contacted me, (£500), and they THEN put a default on my file. Now this is due to come off supposedly in 2008 anyway, but I feel that they just did it to screw me over, as it wasnt there until I paid them, then they put it on..so I sent off a letter (CCA request) having viewed lots of your very helpful threads on here asking them to substantiate the data, requesting the cca,default notice etc. They have since replied to me saying that they confirm to be in receipt of my £1, and that they will endeavour to respond within the prescribed 12 days but that it is dependant on them requesting the data from Cap1 and thus may take longer (don't think this is true is it?) and also asking for a copy of my credit report to help their investigations...should I send it? I'm a bit worried about giving them a copy of my report! I'm very grateful and thanks in advance for any help you may be able to give me..I'm just going to try and scan in my letter to them and their reply if its any help so you guys can see it.... Thanks again, Python

Thanks guys, well I guess I may have paid too much, but hey at least it;s out the way..do you think though that I will be able to get them to remove the default still with no money owed?

This was their prompt reply...(attached) lowell reply.pdf

OK, this was my letter to them... Lowell Portfolio I xxxxxxxxx Enterprise House xxxxxxxxxxxx 1 Apex View xxxxxxxxxxxxx Leeds xxxxxxxxxxx LS11 9BH xxxxxxxxxx 20/09/2007 Your Reference xxxxxxxxx Dear Sir / Madam, After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name, at my previous address of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx I moved from this address in 2002, and sent change of address details to all lenders with whom I had accounts. You sent me a letter to my more recent previous address of xxxxxxxxxxxxxxxxxxx, stating that I owed you £493.74 for a debt that you had purchased from Capital One, which I immediately paid, in full by debit card. My query specifically and only relates to the Default registered with the Credit Reference Agencies. I have never received any documentation relating to this, and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974. Your obligation also extends to providing a statement of account. - I enclose a £1 postal order in payment of the statutory fee. 2. You Must supply me with a true and certified, signed copy of the original Default Notice, as per Sections 87 & 88 of the Consumer Credit Act 1974 and the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993. 3. You must supply me with any Deed of Assignment if the alleged debt was sold on. I request that this data is provided to me at my current address of xxxxxxxxxxxxxxxxxxx within the next 12 working days. If you are unable to provide this data then I must insist that the default be removed from my files as unsubstantiated. Yours faithfully xxxxxxxxxxxxxxxxxxxxx And this was their reply :

Hi everyone, brand new to this and after some advice if poss...to cut a long story short, back in 2001/2 I had a Cap1 credit card, which through separating with my ex and selling the house etc got kind of forgotten, and I heard nothing about it for years..out of the blue, I got a threatening letter from Lowell portfolio in Dec 2005 demanding nearly £500, (the credit limit on the card was £200, so couldn't possibly have owed that much) but nevertheless I instantly paid them by debit card, and thought that was the end of it.. Then I got the online creditexpert service last month, and discovered that they had applied a default, with a 2002 date on it, having conducted an unrecorded enquiry search on my file in 2006, (strangely AFTER I paid them). I honestly forgot about this card with the house / kids stuff going on and instantly paid for it when they contacted me, (£500), and they THEN put a default on my file. Now this is due to come off supposedly in 2008 anyway, but I feel that they just did it to screw me over, as it wasnt there until I paid them, then they put it on..so I sent off a letter (CCA request) having viewed lots of your very helpful threads on here asking them to substantiate the data, requesting the cca,default notice etc. They have since replied to me saying that they confirm to be in receipt of my £1, and that they will endeavour to respond within the prescribed 12 days but that it is dependant on them requesting the data from Cap1 and thus may take longer (don't think this is true is it?) and also asking for a copy of my credit report to help their investigations...should I send it? I'm a bit worried about giving them a copy of my report! I'm very grateful and thanks in advance for any help you may be able to give me..I'm just going to try and scan in my letter to them and their reply if its any help so you guys can see it.... Thanks again, Python