Last payment date

[CleverClogs (RIP)]

Re: Last payment date

I had forgotten completely about this debt coz i had 2 cards with them, one which i thiught was an upgrade,

Please state how this was an upgrade.

[CleverClogs (RIP)]

Re: Last payment date

then immediately withdree 1300 to buy a motocross bike.i dont.remember payments made.by me after this,.they were all forcefully taken.oozy

Oozy?

[Shadow2981]

Re: Last payment date

Oops, bloody phone... Oozy is meant to say out! Lol

I have just been reading my statements, and realise they have made a big mistake...

In march 2009, my account was adjusted with reason 'refund of interest' of 1223.63 and another credit of 4270.70 labelled Charge Off Account. The updated balance shows £0 as my new balance, £0 as my minimum payment due etc.. Can i use this in my favour somehow? It also means the default amount was incorrect on my credit file....

[Shadow2981]

Re: Last payment date

Oh... I have found the default notice.. And i think it may be one of Lloyds bad/defective ones.. Could i send it in for a professional opinion?

It shows 2 arrears amounts due, which had i have paid, would still have left me past the limit on the credit card...

[CleverClogs (RIP)]

Re: Last payment date

Oops, bloody phone... Oozy is meant to say out! Lol

I was wondering what they had squeezed.

I have just been reading my statements, and realise they have made a big mistake...

In march 2009, my account was adjusted with reason 'refund of interest' of 1223.63 and another credit of 4270.70 labelled Charge Off Account. The updated balance shows £0 as my new balance, £0 as my minimum payment due etc.

Why didn't you send them a cheque for that amount?

[Shadow2981]

Re: Last payment date

Because at the time, i hadnt been receiving statements...

This draws me to another question.. At the date of default the account should have been in formal dispute, as i was reclaiming charges via a 3rd party company acting on my part. This is what the refund is about.

The date of default (i was mistaken before) was the 11th March 2009 - the exact same day that is days this statement was generated, with the statement showing interest refunded and a "Charge Off Account" showing the remainder of the balance...

I had forgotten about that.. does that mean it shouldnt have been applied? At least during this period anyway?

I have scanned the Default Notice, the statement that came with the default notice, AND the final statement sent, showing refunds and a £0 balance into a single pdf - but have not censored out any information... so if I can send this in for an opinion I would greatly appreciate that

[Shadow2981]

Re: Last payment date

Ok, scrap the last statement thing - I have found out what Charge off is and what this statement means... it is basically what they do when they consider you a lost cause. This basically ties in exactly with the default. But there is still the default notice to go by, and is this allowed to be sent as page 2 and 3 of the statement or should it have been sent seperately?

[Never-In-Doubt]

Re: Last payment date

Hi

What are you doing? I'm slightly confuddled here.

They ain't hassling you, don't go out your way to fight em. Just chill

[Shadow2981]

Re: Last payment date

Sorry, with there being sooo much history (a lot of which is even a blur to me) - its very confusing.

I know I should chill, lol, but if there is a possibility I could get the default removed (having read that post about LloydsTSB credit cards default from Oct 08 - Jan 11 being predominantly bad defaults) - this would really help tremendously, as this is the ONLY blemish on my file, and the reason why I am paying 18% interest on my small loan, the reason I am stuck with a £500 limit Vanquis card etc...

If this could get removed, even if I had to pay a reduced settlement to prevent a correct one being applied, I would be more than happy!

EDIT:

Ok, having browsed even more documentation, I have realised that the notice I thought was a DN, is actually a Default Sums notice, which takes me back to square 1 of believing there is, and never was, and actual DN!

[Never-In-Doubt]

Re: Last payment date

Ahhhh - whoah. Hold those horses.

I never suggested you can get the default removed and would never suggest it cos it ain't gonna happen!!

Simple question. Is it yours? Yes. Do you owe the money? Yes

McGuffick v RBS

Nuff said.

[Shadow2981]

Re: Last payment date

Sorry, I know you didnt suggest it, I got ahead of myself browsing the forum posts.

So even if the default was not served correctly, they still dont have to remove it? I could understand if they removed it, then perhaps sent a compliant DN and gave you 14 days to pay - and if they didn't - re-defaulted you - but in that scenario I would be willing to negotiate settlement.

Bit confused, what is the purpose of having acts and regulations which need to be followed if a defective default cannot be removed? Sorry, I am not overly clued up on this - does a defective default have different benefits instead of being able to be removed?

[Never-In-Doubt]

Re: Last payment date

Sorry, I know you didnt suggest it, I got ahead of myself browsing the forum posts.

So even if the default was not served correctly, they still dont have to remove it? I could understand if they removed it, then perhaps sent a compliant DN and gave you 14 days to pay - and if they didn't - re-defaulted you - but in that scenario I would be willing to negotiate settlement.

But the fact remains, did you breach the terms of the account? Yes. Ergo the bank has a right to default you. Nothing you can do about that unfortunately - not unless the default was fundamentally incorrect insofar as the ICO agreed with you and told the lender to remove it but they will ask you, did you fall into arrears? You say yes they will say then the default stands.

Different altogether if they tried to enforce this, that is the only time that a faulty DN would ever come into play.

Bit confused, what is the purpose of having acts and regulations which need to be followed if a defective default cannot be removed? Sorry, I am not overly clued up on this - does a defective default have different benefits instead of being able to be removed?

Why is it defective? A DN can be remedied at any point by the lender before enforcement begins so if it's defective and you write in arguing this demanding removal, they will send a new one just before taking you to court - so don't get confused with defaulting of accounts and the provisions within s.87 & s.88 - they are totally dfifferent.

Read the attached for a fuller picture...

[Never-In-Doubt]

Re: Last payment date

if there is a possibility I could get the default removed (having read that post about LloydsTSB credit cards default from Oct 08 - Jan 11 being predominantly bad defaults) - this would really help tremendously

Yes but a bad DN only comes into play if the case ends up in court - as far as reporting of the default goes it is much simpler (as per my last post) - basically satisfy yourself of the default test and tell me....

1. Did you miss more than 3 payments in a row?
2. Did the bank write and tell you that you were in arrears?
3. Have you missed more than 6 payments in succession?

If yes to any of the above then the lender can default you in line with the ICO guidelines on default issuance (forget s.87/s.88 CCA as this is entirely different at this stage).

If you say otherwise, and that you never missed more than 3 payments in a row then the bank would have a few problems. It is at this stage you have 'some rights' but similarly, if you missed one payment the bank can default you and the ICO usually stand by the banks when this happens as the original default entry can be amended to show the true and accurate date - a dodgy DN does not warrant removal from the CRA's - it only warrants correction.

as this is the ONLY blemish on my file, and the reason why I am paying 18% interest on my small loan, the reason I am stuck with a £500 limit Vanquis card etc...

Hmm, if the DN is 3+ years old it will have little effect on you - did you know this? Only certain lenders go back more than 3yrs, usually when they are linked to such as previous addresses etc. If you have lived at same address for 3+ years and the DN is 3+ years old too I would suspect most mainstream lenders would treat you like everyone else, the DN would not play much a part. I had 27 when I opened a HSBC credit card and current account

EDIT:

Ok, having browsed even more documentation, I have realised that the notice I thought was a DN, is actually a Default Sums notice, which takes me back to square 1 of believing there is, and never was, and actual DN!

Yep you need to get a notice of default sums every month you miss a payment and they charge you the £12 fee whatever.

Can you login to your credit file (assuming you subscribe?) and screen print the default entry and email me please? If you cannot do this or dont have access to your credit file, how do you know one exists

niddy@all-about-debt.co.uk

Thanks

[mgfboy]

Re: Last payment date

1. Did you miss more than 3 payments in a row?
2. Did the bank write and tell you that you were in arrears?
3. Have you missed more than 6 payments in succession?


Thanks

Never heard about the 3 payments in a row thing, on my current HSBC case they defaulted me after 2 missed payment!!!

But as we know HSBC are such little loves!!!!!

[Never-In-Doubt]

Re: Last payment date

Never heard about the 3 payments in a row thing, on my current HSBC case they defaulted me after 2 missed payment!!!

But as we know HSBC are such little loves!!!!!

No they can default you after ONE missed payment mate but the ICO 'recommend' it is not before 3 months and not after 6 months - read that upload 2 posts up - that explains it all mate