Hi all,

I have had a LLoyds tsb credit card for sometime, but have fallen into financial difficulty.

I have been making reduced payments through CCCS for the last 6-7 months.

Arrears have built up on this account and i have now received a default notice.

The link for the default notice is below:-

http://s740.photobucket.com/albums/x...yds%20default/

The above link also includes the credit card agreement which was received with a new updated card.

I believe this was in may 07.

Can anyone advise me as to the eligibility of the agreement and/or the default notice?

many thanks for any help/advice.

Ricky

re dn, see for eg http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

11th june was friday!

As june 11th was a friday, by law, what day should i have received the letter and have to reply by?

(14 days after receiving it?)

re above the link, see 'service of documents'. unless there is 'proof to the contrary' then these rules re service would apply.

yes, i believe it has to be 14 clear days after receipt.

I would be grateful if i could have clarification on this default notice, as i cant make out if the payment date is 1 day too late.

The letter is dated June 11th (Friday)

Then do you add +2 days of service (Monday & Tuesday)

Then 14 clear days or remedy (1st day Wed 16th - 14th day Tue 29th)

So did i have until Tue 29th or is it the day after Wed 30th??

The answer will have a huge difference on my next move.

Many thanks for any replies

Hi all,

I would be grateful if i could have clarification on a default notice i have received, as i cant make out if the payment date is 1 day too late.

The letter is dated June 11th (Friday)

Then do you add +2 days of service (Monday & Tuesday)

Then 14 clear days for remedy (1st day Wed 16th - 14th day Tue 29th)

So did i have until Tue 29th or is it the day after Wed 30th??

The letter payment date is Tue 29th

The answer will have a huge difference on my next move.

Many thanks for any replies

rb

imo, unless they can 'prove' what day you received the dn, (or you can prove when it was received) then the 'service' rules would apply.

if they say it was sent first class, then they would have to 'prove' this (eg with an affidavit as per the link). if they can't, then it would be deemed second class 'service'.

If it was posted first class it would be the 29th.

What was the postage and did it say payment by or before the 29th?

If it was posted first class it would be the 29th.

 

What was the postage and did it say payment by or before the 29th?

see here http://www.consumeractiongroup.co.uk/forum/legal-issues/263717-lloyds-tsb-default-notice.html

It was posted 1st class and they have put "by 29th June".

Will they be able to prove it was 1st class?

What was the postage on the envelope?

All they would have to do is sign an affidavit that it was posted 1st class, they've allowed exactly 14 days and personally I think it would be a risk challenging it.

Thanks for the reply cerberusalert,

It might be possible for me to get help from a family member on this debt.

It is £12k on a Lloyds credit card.

I was thinking of offering a F&F,

any idea on the best starting point,

what settlement might i hope to achieve?

The default amount is just over £500,

i was making payments of just over £100 through cccs before this default notice.

The cca is after april 07.

thanks again

Ricky

Hi,

I have received the attached letter from Lowell concerning a Lloyds credit card debt.

Is this a genuine PAP letter or Lowell fishing for information.

Also sent with this letter is a 3 page reply form with the usual boxes in a PAP letter.

I don't believe the debt is SB, but i have asked previously for the Original agreement from a previous DCA which was not sent to me.

Should i be filling in the PAP asking for all details of the debt?

For more information the debt is for over £8000 and is about 18 years old.

It was bought by Lowell within the last year.

thanks in advance for any advice given.

ricky

please read this -

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

so when did you last pay anyting towrds this debt if you say it isnt SB but is 18 years old?

have you received correct statements every year for the past 18 years?

What about charges and interest after the default date?

the letter would pass as a PAP if all of the correct things had been done previously.

Have you asked for a copy of the credit agreement yet?

being pre 2007 they wont be able to get a copy and that will severely limit their actions so CCA request pronto.

If you have sent one in previously let them know that you are awaiting a response and they cant enforce via the courts until the CCA request is properly fulfilled.

Hi,

 

I have received the attached letter from Lowell concerning a Lloyds credit card debt.

Is this a genuine PAP letter or Lowell fishing for information. Also sent with this letter is a 3 page reply form with the usual boxes in a PAP letter.

I don't believe the debt is SB, but i have asked previously for the Original agreement from a previous DCA which was not sent to me.

Should i be filling in the PAP asking for all details of the debt?

For more information the debt is for over £8000 and is about 18 years old. It was bought by Lowell within the last year.

 

thanks in advance for any advice given.

 

ricky

It would be helpful if you would post up the document in PDF format – multipage single file, the right way up, in the right order and in the way that you yourself would like to receive them if you were being asked for help by someone else.

Thanks

My apologies to anybody who has given advice so far.

I wasn't aware the documents were round the wrong way.

When i converted them from pdf to jpg to edit them in paint they were the right way up.

They were also the right way up when i uploaded them to cag as i checked them, so i'm not sure what has gone wrong.

I have to go to work now, but i will correct this when i wake up tomorrow.

I will also correct the other requests from BankFodder.

I have not sent a CCA request to Lowell yet (i will do tomorrow),

i sent a CCA request to a DCA working on behalf of Lloyds who didn't send me the agreement.

I believe the debt defaulted at least 10 years ago now and some payments were paid after that.

I don't believe i have made any payments for about 6 years now.

I will check these details tomorrow when i wake up and report back on this thread.

I am sorry again for the poor attachments and thank you for still replying with helpful advice.

Thank you

its not you its cag rotating everything...

as for the pap letter

we don't need to see it

it will be the same as the link in post 15

we know what they look like

go find out the last payment date

no harm in ringing Lloyds and asking them.

if it turns out to be SB'd

simply use our SB letter in the debt collection section of our library

fill out the attachment in post 4 of that linked thread in post 15

you dispute the debt because - it is statute barred

staple that to the reply form.

not need to ask for any paperwork etc

leave the rest of the reply form blank.

don't sign it PC print your name...

..job done.

I've merged an old thread too with past history for you

dx

I have gone back over my paperwork and found out the last payment was 6/7/2016 for £40.

The debt passed through a few DCA's but still owned by Lloyd's and i don't have statements for every year but might have received them.

I had a statement in May 2018 before Lloyds sold the debt to Lowells in July 2018.

I don't believe i have received any charges or interest after the default back in 2010.

I have found the original default as linked in this thread by Dx (many thanks for the research Dx).

I asked for a copy of the CCA in May 2017.

This was sent to Robinson Way who were the DCA at the time.

I had a reply with a Halifax letterhead and addressed from Lloyds banking group.

It said that they are unable to provide documentation.

I can post this up if needed.

I was told by Robinson Way that the account was placed on hold until the cca was found.

The debt then went to another dca before being sold.

I have now sorted out the letter from Lowell as requested and have attached it to this post.

Do i now send a new CCA to Lowell and fill in the form asking for other relevant information to help my case?

thanks

Lowell pap.pdf

if you didn't get a CCA back before why the BEEP did you continue paying?

hold that CCA/PAP reply form for now

lets get a few ducks inline first as your story has holes in it that need sorting first.

Dx, the last payment was July 16 and the cca request was May 17. I haven't paid anything since asking for the cca.

ok yes sorry

so post 15 link then.

attach a new CCA request to it with a £1PO

in the I dispute the debt bit

enter

prior to being sold to a debt buyer the original creditor sent me a letter informing me the debt was unenforceable [attached]

use our reply form in post 4 of that thread

leave the rest as is inc requesting all docs etc.

post it to Lowell solicitors [or the return address on the pap letter]

so

pap reply form

CCA request+£1PO

Halifax letter regarding unenforceable.

job done

Great Dx, thanks for the advice and will send that tomorrow. I will update on any future correspondence.