Davethorp Vs Lloyds TSB part 2

[davethorp]

Well it was a while ago but here's the basic story so far

 

Lloyds filed a claim against me for £312 back in December 2006

I defended and counterclaimed for my charges

Lloyds failed to attend the hearing in May 2007

I won and was awarded my charges, lloyds were ordered to remove any default notices from my credit files

Eventually lloyds paid up and I thought the matter was closed

 

Fast forward to now and I've just checked my credit file for the first time since the case and guess what... default notice still there and has been reported every month up til November 2008.

 

So my questions are

 

1. Presumably I am best taking this up directly with Lloyds rather than going to their monkeys at [problem]

2. As a default notice has been plaguing my credit file for the last 18 months when a judge ordered it's removal would it be cheeky to ask (or demand) compensation from them. Any reasonable amounts?

3. If Lloyds refuse to pay ball is there anyway I can get the court to enforce that section of my judgement against them?

[davethorp]

Bump.... anyone?

 

EDIT - Requested move to the CRAs section as relevant there and may get more response

Edited January 16, 2009 by davethorp

[davethorp]

In the absence of any response, I've drafted the following letter which will be going to Lloyds TSB head office first recorded tomorrow

 

Dear Sir/Madam,

 

I write regarding my old current account that I held with you at my previous address of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX referenced above and the court proceedings you issued against me, also referenced above, that I defended and successfully counterclaimed against.

 

In that judgement, a copy of which is enclosed for your reference, you were ordered to pay me £200.32 which I am pleased to say you did (eventually and after I had to obtain a warrant of execution). However you were also ordered to remove any default notices you had registered with the credit reference agencies.

 

It has come to my attention, that there is still a default notice on my credit file which has been updated each and every month since the court hearing. I enclose a screen print from my credit file for your reference.

 

What I now require from you is as follows

 

1. The default notice is to be removed from any and all credit reference agencies to which you report as per the orders of District Judge XXXXXXX of the Preston County Court. Please note this record is to be removed from my credit files and not merely amended or marked as satisfied.

 

2. As the presence of a default notice on my file for a period of 18 months following an order for its removal has no doubt had a detrimental effect on my ability to obtain credit or indeed a current account equivalent to the one I previously held with yourselves I require a compensation payment of no less than £250 from yourselves for the defamation I have suffered

 

You have 14 days to comply with the above otherwise I may be forced to file a further claim in the county court to enforce the original judgement and seek compensation. I will also report your non compliance with the judge’s order to the information commissioner as well as the court who may view your actions as contemptuous. I trust this will not become necessary.

 

Please note that as I have moved home, any correspondence on this matter as well as payments of compensation should be sent to the address at the top of this letter (XXXXXXXXXXXXXXXX) and not my previous address.

 

Yours Sincerely

[davethorp]

Sorry to bump a thread where I've been talking to myself but thought I'd update people.

 

Following the last letter I got a reply from LTSBs solicitors today. They've removed the default as ordered and made a compensation offer which whilst less than the figure I asked for I have accepted.

 

So after nearly 3 years it looks like this is finally over