Nearly there on current account claim...time to start credit card claim?

[Hibbit]

Hello all,

I am currently claiming back just under £2,500 in charges etc from my basic current account. I have sent back the AQ and received the AQ from S,C & M. Hopefully, all being well, I am on the last lap.

Now.... years ago I had an Asset card (Mastercard I think) with Lloyds which I got hopelessly behind with (I have not had one since and never will again as it almost ruined my life and career!). The account was closed and I ended up having a County Court claim issued by S,C & M. I eventually paid it all off by paying in bits etc and then finally in a cash lump at Birmingham County Court in October 2004. I admit that I was pretty rubbish with the way I used it and keeping up with payments however I am sure I was hit with a lot of charges which didn't help.
I would love to make a cliam but I am not sure if I am entitled to because of these reasons:

The account was closed ages ago, probably 4 years or more.

The account was opened probably 7 or more years ago but I can't say for sure as I don't have any documents relating to it at all.

I was taken to court and forced to pay back everything.

I am not sure what charges were taken. I have no statements as it was a credit card account.

To be honest I don't even know how much I had to pay back. When I finally paid it all off I never wanted to think about it again. It is only now that years have passed and I have started my other claim that I have started thinking about it again.

I did call Lloyds a few weeks back and asked them about my account and they said that they had no knowledge of the account as it would have been shut when I went seriously into arrears.

The only infomation I have is what I think was my card number as it is written on a court letter I have from that time. Although I can't be sure it is.

You lot on this site are great so.........What should I do? What can I do?
Is it the same process as with a basic account? From what I have read on this site it would seem to be, but, I am not sure about this one. It's not as straight forward.

Any advice?

Thanks

Hibbit

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[upton11]

Hibbit, Hi

I sincerely wish i was an expert in this area because i would love to give you an accurate reply regarding your credit card query. However, i am not an expert, so all i can offer is my instinct:- Yes you can claim the charges back, breach of contract claims go back 6 years - so from what you have said you can claim for the last 2 years of charges.

I am certain the bank will have details of your card. In any event the number you think may be your card number probably is if it the usual xxxx xxxx xxxx xxxx

Court case numbers are much smaller and include letters as well as numerics.

Other than the above I know other threaders have claimed against their credit cards - you will find some around this site.
Good luck and go for it.

Paula

[Hibbit]

Thanks Paula,

The number that I have is 12 digit so I think it must be the account number. I am pretty sure that is all I need to get my Data with the S.A.R.

Hibbit

[Hibbit]

Still not sure whether I can claim if I have been taken to court?

Any ideas?

Cheers Hibbit

[lucid]

Hi Hibbit,

I'm sure the card number for credit cards also act as your account numbers. But to help thing along when you send your S.A.R - (Subject Access Request) it might be worth putting something like this:

SUBJECT ACCESS REQUEST FOR:

Lloyds TSB Credit Card Account xxxxxxx

Relevant residing addresses:

xxxxxxx
xxxxxxx

Just so that they have all of the relevant information to identify you.

It'll be interesting to see what you get back, Mindzai also had a credit card with Lloyds which he got when he was 18 and spent all of the credit very quickly. It took him 4-5 years to pay it all off and that only happened because we got the whole lump sum and paid it off in one go. For the whole time he ahd been missing payments, and whenhe did pay it was the bare minimum so he no doubt got charged. When he sent off his Subject Access Request he eventually got 6 photocopies of random statements that showed he apparently had NIL balance and never needed to pay them anything between 1998 and 2003. I have to be very careful how I word this but that was not the case. But we are completely stuck over this as he never kept any of the statements. I don't think you'll be in this position as you actually have proof in the form of a claim against you the repayment of the money. But still it will be interesting to see whether you get all of your statements or not.

Good luck. Lucid

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Hibbit]

Nice one Lucid!

I will send off the S.A.R with that extra information. I did move house several times throughout that period as I had just graduated from studentdom, however, I am pretty sure I still have all my addresses.

Interesting what you said about Mindzai ....all sounds very familiar! I will just have to see what information I get back.

Other than that extra information do I need to make any other amendments to the S.A.R template in order for it to be used for a credit card account?

Cheers Hibbit

[lucid]

No the standard template is fine.

Lucid

[Hibbit]

Thanks Lucid

[Hibbit]

Just to keep you updated, I have sent off my Subject Access Request today regarding my credit card.

I am still a little uncertain if I should be pursuing a claim on this account as a county court judgement was entered against me on it....I was effectively forced to pay the money by a court including charges and interest. Anyone know if this affects the way forward.

I have decided to go ahead S.A.R anyway as that can't hurt!

Hope you can help!

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.