Second default by Lloyds

[cymruambyth]

LLoyds registered a default on my account ages ago. In 2008 they changed some terms of the agreement, but didn't issue a new agreement. In 2010 they defaulted again and registered another default with the CRAs. In 2011, thanks to AAD they discontinued on their court claim .
Am I correct that they should not ave registered a second default even though they had varied the terms of the agreement?

[Never-In-Doubt]

Re: Second default by Lloyds

The original default date stands. The very first one. Nothing changes the default date as you did default by breaching the terms in place as at cessation of payments.

Tell the CRA it's a duplicate and tell them the date of the original default and tell them to remove it. You can also tell them in the dispute you want it removed immediately based on them being able to see from their own records that it is a duplicate (after you tell them of course) hence they must remove it. Basically as the CRA know its a duplicate they must remove it then contact the creditor.

[cymruambyth]

Re: Second default by Lloyds

Thanks for confirming what I thought. I will get a letter off in the next couple of days.

Sometimes my hoarding (this time printed old CRA reports) does pay off - it's just a shame I didn't keep all my financial paperwork !!!!

[cymruambyth]

Re: Second default by Lloyds

What a bummer (technical term); having checked Equifax again I now realise that despite sending me numerous DNS in 2003, 2004 Lloyds appear to have failed to register the default just shown that there was an arrangement to pay

[Never-In-Doubt]

Re: Second default by Lloyds

Oooops - ok so what type of account was it and did you have an arrangement?

[cymruambyth]

Re: Second default by Lloyds

It was a credit card, I had an arrangement to pay from 2003 when I defaulted. They amended terms in October 2008, tried to in crease payment some time after. Registered a default in 2010, issued a claim in 2011 which they discontinued thanks to Andrew.

[Riz]

Re: Second default by Lloyds

Well, a s78 DN does not automatically mean a default should have been placed on your credit file back then.

Depending on the payment history and what was going on with you and the creditor, you may be able to argue under default guidelines from the time that an AP was inappropriate and is now unfair as the late default is damaging your credit file, where if they had defaulted it properly at the time it would now be off your file completely. Threatening to take to the FOS and ICO if they don't amend.

Some people in the past have had luck with that tack with Lloyds. Many have hit a brick wall. If you have nothing to lose by doing it, then may be worth a punt though.

[cymruambyth]

Re: Second default by Lloyds

I was initial paying £3 for £15,000 so I think that classes as a default!

[Never-In-Doubt]

Re: Second default by Lloyds

I was initial paying £3 for £15,000 so I think that classes as a default!

not if it was agreed before you defaulted. The ICO consider AP to be better than D so unless you'd actually defaulted by missing 6+ payments BEFORE the DMP then sadly the AP will likely remain.

[Riz]

Re: Second default by Lloyds

I was initial paying £3 for £15,000 so I think that classes as a default!

Still very much making the complaint to see what happens. You literally have nothing to lose, and sometimes they do decide to backdate.

If they decide to then that's a bonus. If not then, nothing lost.

[Never-In-Doubt]

Re: Second default by Lloyds

Still very much making the complaint to see what happens. You literally have nothing to lose, and sometimes they do decide to backdate.

If they decide to then that's a bonus. If not then, nothing lost.

Agreed

[cymruambyth]

Re: Second default by Lloyds

Letter all ready to go, but my OH thinks that I am technically committing fraud as am still using our old address as all mail is being redirected. He is also convinced that by doing this I will draw attention to ourselves and financial ruin will beckon.