Lloyds Defaults

[DJM10118]

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?

[dx100uk]

yes you can claim the charges back.

 

see links.

 

as for the default and the default notice

 

there is no rule that says they must issue a default if they issue a default notice.

 

the recent changes by the ICO also confirm this.

[DJM10118]

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.

[DJM10118]

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.

[dx100uk]

there's no remit for them to

 

though there should be notes that they were sent in the comms/account log

 

dx

[DJM10118]

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.