Dilemma about PPI - Can anyone advise?

[sparklyd]

Hi there

Since learning about reclaiming bank charges, I also realised that I had been mis-sold PPI on a Personal Loan with LLoyds back in 1998. I know about the six year limitation, but how does this work as the debt has not been sold, but BLS are acting for LLoyds and I am still paying the debt, so when does the six year's start, from the date the credit agreement was made, or the last contact payment made?

Anyhow, I sent of my Data Protection Act to LLoyds, requesting statements and copies of original agreements for personal loan and credit card. I received a few statements, so sent a letter, making further request for all the information, but also stated I was asking for this information not only in accordance with the Data Protection Act but also the Consumer Credit Act 1974.

I then phoned LLoyds and was put through to their DSAR unit at Andover, and I have recived a letter today stating that my account was referred to their Consumer Debt Recover Unit on 02/04/2001, and so teh statements would be sent under separate cover.

However, the letter also stated that their Credit card and Loan departments were unable to locate my original agreements, and apologised for any inconvenience this may cause! I called and was told this because they were old, but I am still paying the debt, it has not been sold, so how can they not have my original agreements?

I vaguely read something about if they do not have agreements there is no proof of debt, but surely its not that easy? I have been paying this for the best part of ten years, and so that is an admission of a debt on my part at least? Its not a measly amount either, best part of £13,000.00! I also don't know if this means that I cant get my credit card statements either, which is a real pain as they charge me hundreds of pounds.

If anyone can advise me on what I do next as my PPI premium was £1800.00, which if refunded would reduce the debt at least. I just didnt know if the Data Protection Act only covered six years of documentation, but then if they are still collecting the debt, this is still relevant, and shows incompetent housekeeping??

Any advice will be much appreciated as LLoyds really did me over, the past ten years has been misery because of my debt to them. Its a long story but I had just left Uni when they offered me a £10,000.00 loan as long as I took out PPI. I didn't realise that I was not covered as I was not working and on benefits, and I became seriously ill a few months later, and was unable to even look for work for six months, so in desperation I was withdrawing cash on my credit card to pay my loan, all with LLoyds, and you can guess the rest. I asked them for help, and they said there was nothing they could do! I was 25, a single parent to a 4 year old, and I was stupidly trying to keep my head above water, and avoid the stigma of defaulting, but heigh ho, it happened anyway. I am in debt to the tune of £25,000.00, £13,000.00 of that is with Lloyds, and that's still what I owe nearly ten years later after making payments, and I wonder why I am depressed!

So now I am older and wiser, and I am not willing to let it lie, so what is the best thing I can do now? They received my Data Protection Act on 14/01/07 and a copy of my DPA and CCA 1974 request on 13/03/07, so they have had more than enough time to provide the info, and yes I can make a complaint to the Information Commissioners Office, and will do so, but maybe I would be better lodging a complaint with the Financial Ombudsman, but there is the six year limit?? Ideally, I would just like the debt written off completely and left at that as its not on my credit file anymore, and yes I must have incurred charges running into thousands, but not as much as I owe?? Can I not get them for mis-selling PPI and Irresponsible lending? I know I was honest about being unemployed at the time I applied for loan but without agreement, how do I prove this?

Sorry for so many questions but I am struggling to make sense out of the different info, and I need help pleaseeeeeee!!!

Cheers

Sparkly

[hellhasnofury]

Originally Posted by sparklyd

Hi there

Since learning about reclaiming bank charges, I also realised that I had been mis-sold PPI on a Personal Loan with LLoyds back in 1998. I know about the six year limitation, but how does this work as the debt has not been sold, but BLS are acting for LLoyds and I am still paying the debt, so when does the six year's start, from the date the credit agreement was made, or the last contact payment made?

I does not matter that the laon was taken out in 1998. The six years will start from when you realised the mis-selling and have asked for information regarding it. I think

Anyhow, I sent of my Data Protection Act to LLoyds, requesting statements and copies of original agreements for personal loan and credit card. I received a few statements, so sent a letter, making further request for all the information, but also stated I was asking for this information not only in accordance with the Data Protection Act but also the Consumer Credit Act 1974.

I then phoned LLoyds and was put through to their DSAR unit at Andover, and I have recived a letter today stating that my account was referred to their Consumer Debt Recover Unit on 02/04/2001, and so teh statements would be sent under separate cover.

However, the letter also stated that their Credit card and Loan departments were unable to locate my original agreements, and apologised for any inconvenience this may cause! I called and was told this because they were old, but I am still paying the debt, it has not been sold, so how can they not have my original agreements?
They may have them or maybe they don't

I vaguely read something about if they do not have agreements there is no proof of debt, but surely its not that easy?

No, it is not that easy. If they cannot provide you with a copy of the true original credit agreement. the debt is not enforcable and you are well within your right not to make payments to them. Although, the debt is still there. If they then at a later stage produce it. It can then be enforced throught the courts.

have been paying this for the best part of ten years, and so that is an admission of a debt on my part at least? Its not a measly amount either, best part of £13,000.00! I also don't know if this means that I cant get my credit card statements either, which is a real pain as they charge me hundreds of pounds.

If anyone can advise me on what I do next as my PPI premium was £1800.00,(plus, the interest that they charged you on top of that) which if refunded would reduce the debt at least. I just didnt know if the Data Protection Act only covered six years of documentation, but then if they are still collecting the debt, this is still relevant, and shows incompetent housekeeping??

The subject access request covers all information relating to all transactions, letters, telephone conversations, etc to any account . I mean everything. You need to chase them up on this one, if they have not sent you everything. Threaten to report them to the Information Commisioners Office and maybe court action for non-compliance of your Data Protection Act request. I don't think for one minute that it is down to incompetent housekeeping. Maybe its because, you might learn the true facts

Any advice will be much appreciated as LLoyds really did me over, the past ten years has been misery because of my debt to them. Its a long story but I had just left Uni when they offered me a £10,000.00 loan as long as I took out PPI. I didn't realise that I was not covered as I was not working and on benefits, and I became seriously ill a few months later, and was unable to even look for work for six months, so in desperation I was withdrawing cash on my credit card to pay my loan, all with LLoyds, and you can guess the rest. I asked them for help, and they said there was nothing they could do! I was 25, a single parent to a 4 year old, and I was stupidly trying to keep my head above water, and avoid the stigma of defaulting, but heigh ho, it happened anyway. I am in debt to the tune of £25,000.00, £13,000.00 of that is with Lloyds, and that's still what I owe nearly ten years later after making payments, and I wonder why I am depressed!

So now I am older and wiser, and I am not willing to let it lie, so what is the best thing I can do now? They received my Data Protection Act on 14/01/07 and a copy of my DPA and CCA 1974 request on 13/03/07, so they have had more than enough time to provide the info, and yes I can make a complaint to the Information Commissioners Office, and will do so, but maybe I would be better lodging a complaint with the Financial Ombudsman,(maybe ring them for advise) but there is the six year limit?? Ideally, I would just like the debt written off completely and left at that as its not on my credit file anymore, and yes I must have incurred charges running into thousands, but not as much as I owe?? Can I not get them for mis-selling PPI yes and Irresponsible lending?(hard one?) I know I was honest about being unemployed at the time I applied for loan but without agreement, how do I prove this? Read around the ppi threads, to see what other people are up to. you will gain lots of advice and information. There is also a lot of information on the general debt foum especially regarding credit agreements. I am not sure, but I think I have read on one of the threads, that if they have no credit agreement you can claim back all of the interest they have charged you. Would be really great if it is true

Sorry for so many questions but I am struggling to make sense out of the different info, and I need help pleaseeeeeee!!!

Cheers

Sparkly

Hello sparkly,

Just a few points for you to read. A lot of people on the site are in the same position as yourself. Been niave and too trusting and desperate. Now is your time to educate yourself and find out what you can do to help yourself. There is a lot of information and advise in the different forums and threads and yes it can be very confusing.

The best advice I can give you is keep reading and ask questions. There are lots of people who are educated and are willing to help others

Good luck, take your time, don't rush, you will get there in the end.