Something rather odd

[rory32]

Hi,
I know this isn't really anything to do with DCA's but I thought the people on this subforum might be able to give me an answer to my question.

I recently (well about 2 months ago) sent Lloyds a S.A.R - (Subject Access Request) for the credit card I had with them. I had only been making token payments last year and about September last year stopped paying them altogether.

On the last statement they have sent me as part of the Subject Access Request (dated 4th October 2006) it gives balance from previous statement (a bit over £2.6K), charge off account (£2.5K), refund of interest (£135), New balance £0.00.

I'm really not sure if this means they have sold the debt (no DCA has been in touch demanding payment). I sent them a CCA request at the same time as the Subject Access Request, don't know if that's in any way relevant.

Any ideas 'cos as it stands it would appear that they're telling me I don't owe them anything.

[Fred Bassett]

Rory,

Can't help you with that, but there's something rather odd about Lloyds altogether at the moment. Like you, I CCA'd them at the same time (same envelope) as I sent them a follow-up letter regarding my Subject Access Request. They've not responded at all to this and are now in default.

I think they're struggling to keep up with the demands at the moment and maybe they're not the only ones. So far, I've CCA'd Lloyds, MBNA, Credit Solutions/Egg (2 accounts) and Halifax. So far, all I've received is a copy of an application form from MBNA which is extremely questionable in terms of it's legality.

I'll watch your thread with interest and keep an eye on my own statements from Lloyds.

Regards.

Fred

[diskmandave]

LTSB have gone completely dead on me too. Won't respond to letters, no threats, haven't even signed for my last 3 letters...? Spooky innit?!

[lookinforinfo]

The most likely explanation is your one Rory-that they have assigned the debt. Did you receive a copy of the Deed of Assignment as a result of your
Subject Access Request? I take it that you didn't receive a default notice from them? It may well
be that it won't matter if they fail to comply with the CCA request and you
elect not to pay them.

[rory32]

Well that's the rather odd thing, no default, no notice of assignment (never mind a deed of assignment), no termination of account notice. The only thing I got were copies of statements and the last one that I refered to in my first post I never received. Also its dated on the 4th, all my other statements are dated around the 28th or so.

Not that I'm particualrly bothered by it - just seems a bit odd.

[rory32]

Also forgot to say they sent me my statements and then a couple of days later they sent me my statements again. I think LTSB has been at the cooking sherry again.

[stan5131]

'Charged Off' most definately means sold to a DCA. Hope this helps.

[babybear39]

I agree with stan5131

Good luck with whoever they've assigned it too...HOPEFULLY NOT 1st credit...

BB

[rory32]

Oh, I don't really care who they've sold it to BB - I've dealt with 1st credit before

[lookinforinfo]

Well it doesn't really matter who has it now as the debt is unenforceable
since the CCA request has not been complied with.

[rory32]

Exactly

[babybear39]

Me being 'blonde' again, does that mean if my DCAs don't comply within the 12+2 and then the calendar month, I have complete defences in all?

BB

[rory32]

CCA 1974

PART IX
JUDICIAL CONTROL
s127 (3)
The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

If you're having trouble understanding this just take away the bits in brackets.