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  • #1

    A wee bit confused here?

    Ok So a brief rundown... Lloyds tsb me and DH both have 2 UE cards with them.. :UE

    We also have a loan and an OD with them. (those were with CAB repayment plans)

    however the account in which the OD was with has been closed (by them) and the Loan and OD have gone to different DCAs. (Apex and I think BLS or something like that) now I have spoken to apex this morning as i was really confused why this was happening.

    So apex said im back to square one -- the guy I spoke to seemed decent ;EEK he told me firstly to see when the default was placed on my Criedt file as lloyds have to do this within 6months of defaulting (which is when i STOPPED making payment he said??) otherwise this can be considered unfair and I can get them removed?

    Anway I had to set back up a repayment plan.... I asked him what the F&F settlement would be. he said he can only offer 5% discount but if I send in income and expenditures, and also medical certificates to say why im not working then he can send that to lloyds to ask for the figure I am proposing.

    Now is this guy telling ANY truths or are all DCAs :-cow cowboys?
    Tags: account, apex, arrangement, big deal, breakdown, cab, cards, cowboys, creditor, data, date, dca, default, documents, guidelines, hassle, ico, income, information, letters, lloyds, loan, people, protection, repayment, stay, tsb, unfair, working
  • #2
    Re: A wee bit confused here?

    The 6 months timescale is correct in general terms.

    From the Information Commissioner: http://www.ico.gov.uk/upload/documents/ ... %20doc.pdf

    A long read, but basically is says that if a creditor is to record a default, then they must date it within 6 months of your payment "relationship" with the creditor breaking down.

    If you stopped paying, then that is a clear case, and any default should not be registered more than 6 months after you stopped paying.

    For people on DMPs or who are in other reduced payment arrangement that definition of "breakdown" is not as clear. There is some room for interpretation.

    As for the F&F, that may well be true as well.

    If they have to refer back to Lloyds, then they are only acting on their behalf. So unless the DCA has permission to offer a significant discount on a F&F, they would have to refer anything back to Lloyds. 5% they an probably offer on their own imitative. More would be for Lloyds to decide.

    On the face of it they seem to be playing it quite straight. If they are indeed just working on behalf of the creditor anyway.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: A wee bit confused here?

      Oh wow, im in shock!! almost shock horror haha Well We stopped paying everything last year.. hrm and I believe it took 7 months or so to get a default.. we didn't start paying them until a month or so ago... as it took them THAT long to respond to letters!!

      That being said.. what does it really MEAN? Does it just mean they have to take the default off?

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      • #4
        Re: A wee bit confused here?

        Originally posted by jen_br
        That being said.. what does it really MEAN? Does it just mean they have to take the default off?
        No. Not really.

        They wouldn't have to remove the default. Rather if it was set at a date that the ICO considered to be "unfair", then they would expect the creditor to adjust it to an earlier date.

        To be honest, it's not worth bothering about.

        You could complain to Lloyds, complain to the ICO, kick ip a stink and end up with the default moved by just one month. Or the creditor/ICO could decide that one month isn't a big deal as it's not that far outside the guidelines, and it would stay where it is.

        Not worth the hassle.....
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: A wee bit confused here?

          I get it thanks Riz~

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