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I have a Lloyds credit card in default. Balance £8000 with about £500 of lat payment charges.
I have been requesting a copy of the original agrement and although they have sent a copy it does not conform to the CCA regulations. I simply keep writing to them asking for a copy in the correct form and we are having a little merry go round on this point - it keeps them off my back for a while.
Anyway, when I requested a SAR I found that there was about £2000 taken from the account over a 10 day period from cash point machines in my locallity. I suspect this is fraud.
I am confident on the basis that I was on holiday at the time, with the credit card and there is a shop transaction showing I was in another part of the country.
There is only one card and I could not have been in both places at the same time.
My dilema is that I have raised the fraud issue with the bank and they have sent me a form to complete - dates times circumstances etc.
If I complete the form and provide my evidence will I be admitting liability for the account/debt?
Which should I tackle? Go for the CCA issue and force the unenforeable point or continue with the fraud complaint and try to get the amount reduced to the correct balance?
I would go down the fraud route first. The account is still in dispute even after you have filled in the form for the fraud issue because they still haven't sent you the CCA.
Of course someone else may offer you some better advice.
mistycat
If I complete the form and provide my evidence will I be admitting liability for the account/debt?
Are you disputing the debt - you do not say that you are? Or are you merely claiming that the debt is unenforceable as their is no CCA? As a matter of interest how old is the (alleged) debt?
Damon30,
Can you please post the copy of the CCA you received as it maybe helpful to me I have posted copies of mine and would like some opinions on its validity.
The link is http://www.consumeractiongroup.co.uk...cca-valid.html
They wrote to me a few weeks ago saying that I have not sent back their fraud form and that I had 10 days to do so otherwise they would coninue with nor collection procedures.
I replied stating that I was still waiting for my CCA request to be satisified and that one of the reasons why I was not happy with the copy they sent me was because it had been altered.
In short, at the top of the application form, there is a section where the card number is written in a row of 16 boxes. I assume this is done once an application is processed and the account is opened.
When I requested a copy under the CCA I saw that someone has crossed out the original 16 digit number and replaced it with a different number - the number of the account they are chasing.
I suspect they cannot find the correct original but thought they could use an old application form I've sent in by simply changing the number at the top.
When I challenged the bank on this point, they replied in their letter as follows:
"The only reason as to why an alternative account number appears on the form is that at some time in the past a block was applied to the original card due to loss or theft of the original card"
They have also asked me to send them copies of everything I have???
My question: If they are suggesting that the credit token was replaced at some stage and they then wrote the new number on the application form, should they not provide a new agreement in the prescribed terms?
Lloyds Credit Card - CCA and Fraud Issue
credit card in default. Balance £8000 with about £500 of lat payment charges.
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Originally Posted by damon30
