Cheers dx Well after a complaint to the FOS, LLoyds have agreed to back date both defaults to the 01/02/2009 and the 01/07/2009. This means that they will both be off my file by Feb 2015 and July 2015, and not Nov 2016 as previous. So the default dates have been backdated by approx. 14months on both accounts. LLoyds agreed that they sent a DN in December 2008 (shown on SAR) for my loan account, and therefore this should have been sent to collections and defaulted no later than Feb 2009. I am still awaiting a response from the FOS on the excessive AR markers on my MBNA record, so will post this up if I have any success. Cheers for all the help from CAG as this has given me the confidence to challenge some of the banks. So now I only have a further 12 months before all my defaults are removed.

Another question Should the default notices be included in the SAR? I was hoping to have a look at these as I cant remember receiving any and don't have them in my files.

Thanks dx for the quick reply. I will start to get the charges added up and get that sorted. Managed to find a PPI payment in the SAR so sent that off all ready for compensation. With respect to the defaults the ICO guidelines suggest that " if an agreement has been arranged then a default would not normally be applied unless the agreement is broken" As I had already been paying them a monthly sum of £125 for 18months, and never broke this agreement, I think it is slightly unfair to slap a default on so late into the arrangement.

Hi All, I have recently sent a complaint to the FOS about late entry defaults on my credit file. I sent a SAR request which shows Default Notices were sent out for both account as follows Lloyds Loan 08/12/2008 Default on CRA 16/06/2010 Lloyds CC 17/09/2010 Default on CRA 29/11/2010 I was on a DMP with Lloyds since late 2008 and since that date never broken the agreement. Something doesn't seem right to me that they have waited so long to file the defaults. Any opinions? Spoke to the adjudicator at FOS and she seemed to be sitting on the fence although it is still under investigation. Also the SAR has shown quite a lot of excessive charges for returned DD etc. It also shows charges for been over my OD limit,when on some occasions it was the charges that sent me over the OD limit. Can I claim all this back?

I would think that if your statements are showing PPI payments then they can be reclaimed. I will be doing a SAR for Lloyds Bank next week which should hopefully show if I ever had PPI and unfair charges etc on any of my accounts. I hoping to claim these back which will go towards settlement offers on the enforceable accounts. It may be worth doing this for MBNA??

My first account doesn't look like it ever had a tick box for PPI. The second was an online application but the tick box is empty. TBH I never took out any insurance on all my later finance as they cant take off you what you have got!! I have sent a letter to MBNA to express my concerns over the use of AP markers over defaults. As far as I am aware the ICO only deem it acceptable to use AP for a max of 6 months to bring arrears up to date. If the account is not brought up to date then a default should be applied. As it stands my AP/DM markers for these accounts will not fall off my CRA until April 2018. If a default had been applied they would be dropping off no later than July 2015 (6 years + 6 months from AR agreement) so the AP markers will stay for and extra 3 years+. The ICO considers this unfair practice as customers paying off their debts should not be at a disadvantage to a customer who has made no attempt to clear the debt. Let me know how you get on with the legality of the docs etc. I will let you know if I get a response from MBNA re AP markers

On my CCA in the default charge section it states "we will add these directly to your account. We may change the amount of these defaults charges by giving you notice under paragraph 11a" I guess they can change them to £0 if they want but it does seem strange.

I have the same copies from Idem re MBNA accounts. I had two accounts with MBNA (one MBNA and one Virgin). Mine also differ slightly with respect to default charges and Apr. MBNA old default amount £25 new default amount £0 Old Apr 15.9% New Apr 34.9% Virgin old default amount £12 new default amount £0 Old Apr 15.9% New Apr 29.9% My accounts have been on an arrangement to pay with 0% interest since early 2009. I am assuming the documents with the zero default amount are new PT but not sure if this is acceptable to change this information. As far as I am aware the creditor has the right to amend the Apr and charges etc, hence why they have sent the two copies of PT?? Have your accounts been defaulted?

I will send it to the HO office for Lloyds Banking Group as this should cover most of them.

Nicked this letter from Brig in another thread - Obviously amended slight as my account is not SB Ref: Adverse Data on Credit Reference File: Formal Complaint: Re: Account No.xxxxxxxxxxxxxxxxxxxxxx x Sir/Madam, I refer to the above mentioned MBNA accounts which are being reported on my credit reference files, for clarification I have attached a screen print of this entry via Equifax. As you will see MBNA has been reporting arrangement to pay markers (AR) on this account since March 2009 which places me in a disadvantage compared to a debtor who has had an account defaulted. In light of this information it would appear that MBNA has used arrangement to pay markers in place of a default on the account, it is understood that the ICO does not agree with this and considers in unfair practice. These accounts date back a considerable number of years and these AP markers are causing considerable problems to me financially therefore, these accounts should have been defaulted in March 2009 and the default removed in March 2015. I am aware that the time scale for MBNA to reply to this complaint is 6 days, but given the considerable length of time the inaccurate data has been displayed I would hope MBNA will make a prompt and proper reply. Yours faithfully,

Hi dx. They received the letters on the 27th Jan (signed for) so I think that takes us up to the 13th Feb for a response. As I mentioned in another thread there are no defaults against these accounts although I entered into an AR in March 2009. My concern is as you have suggested is that if I stop payments due to non compliance they can then issue a default against my account. I was going to look into sending MBNA a letter of complaint suggesting that a default should have been applied in March 2009 therefore the info would disappear around March 15. I think there is something in the OFT guidelines on fair practices saying that the consumer who tried to pay monies back should not be at a disadvantage to a consumer who made no attempt to pay the outstanding debt. As it stands the accounts will be paid in approx. 18 months at the current rate although as these have not been defaulted the account will remain for a further 6 years from the settlement date along with the negative AR markers. So a further 7.5 years + the nearly 5 years I have been on an AR, totalling 12.5 years!! I would have been better making a £1 payment back in March 2009 and defaulting the account and it would be off by March 15. Surely this can be deemed an unfair by anybody's standards?

Fletch, Aren't Halifax now owned by BOS i.e HBOS? Could I simply not send a DSAR to BOS to cover all Lloyds Loan and Card, BOS loan and HBOS credit card? Brig The markers on the two idem accounts have been AR since March 2009 and changed to OK in May 2013. I have a post in the MBNA sections for these accounts if you have any comments. It would seem that all the information is getting lost due to the length of the thread, hence I will try to keep them all separate.

Yes I noticed that as well thanks Flecth. I assumed they were whited out and wouldn't appear. I will ask the mods to take them down if possible

My only concern with these two accounts with Idem is that fact that they were never defaulted. There is approx £1000 on each to pay at £50 each per month. If I stop the payments now could they slap a default on my credit file for a further 6 years? I suppose I was giving them a second opportunity to fulfil there requirements with the non-compliance letter. If there is then any argument as to why I have ceased payments I can say to the OFT that I gave them ample opportunity and they have no legal right to apply the default on a debt they cannot substantiate What to do think?

Ok dx thanks for the conformation I will change the address on my SAR letter. Also I was hoping to send a non-compliance CCA letter to Idem as they are overdue a response. Should I omit the reference to S61 (1) from the template? Sorry to go over old ground but isn't this irrelevant due to the Carey vs HSBC case?