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Nearly there on current account claim...time to start credit card claim?
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.
Re: Nearly there on current account claim...time to start credit card claim?
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.
Re: Nearly there on current account claim...time to start credit card claim?
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:
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 SAR 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
Mindzai & Lucid vs Lloyds TSB *Won unconditionally with contractual interest (29.85% compounded) Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65
*All settled in full - 6/2/07
*Hearings - 7/2/07
*Prelims sent - 9/8/06
_______ GOT A COURT DATE? A guide to the later stages
Re: Nearly there on current account claim...time to start credit card claim?
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?
Re: Nearly there on current account claim...time to start credit card claim?
Thanks Lucid
Hibbit v Lloyds TSB -Classic Account Started August 2006
Claiming £2278.53.
Litigation in progress. AQ sent and AQ received from S,C&M. CASE STAYED UNTIL 21/01/07 TO ALLOW SETTLEMENT
Hibbit v Lloyds TSB - Asset Mastercard started January 2007 S.A.R sent
Re: Nearly there on current account claim...time to start credit card claim?
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!
Hibbit v Lloyds TSB -Classic Account Started August 2006
Claiming £2278.53.
Litigation in progress. AQ sent and AQ received from S,C&M. CASE STAYED UNTIL 21/01/07 TO ALLOW SETTLEMENT
Hibbit v Lloyds TSB - Asset Mastercard started January 2007 S.A.R sent