Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default 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 Lloydsicon 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 courticon 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

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  2. #2
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    Default 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 yearsicon - 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


  3. #3
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    Default Re: Nearly there on current account claim...time to start credit card claim?

    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


  4. #4
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    Default Re: Nearly there on current account claim...time to start credit card claim?

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

    Any ideas?

    Cheers Hibbit


  5. #5
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    Default 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 requesticon) it might be worth putting something like this:

    Subject access requesticon FOR:

    Lloydsicon 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 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


  6. #6
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    Default 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?

    Cheers Hibbit


  7. #7
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    Default Re: Nearly there on current account claim...time to start credit card claim?

    No the standard template is fine.

    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


  8. #8
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    Default 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

  9. #9
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    Default 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 requesticon today regarding my credit card.

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


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE