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johnsax V Lloyds Credit Card


johnsax
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Just about to send a CCA leter to Lloyds trouble is i have just had a call from them asking for £408 to bring the account up to date after i had already paid £200 this is made up of a few missed payments that escalated with 2.5% intrest on 15K card account. I'm a bit sick i am told that after getting the account back uptodate then my min payment would be £205 only but last time they did that Mid jan it ended up at £608 min payment so i paid £200 and still have £408. The question is should i pay the £408 before i send the letter??

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That is your choice and yours alone I'm afraid. After you have sent the CCA letter they have 12+2 working days to respond with a valid, enforceable agreement. If they don't, then the account is in default. You can then stop paying them until they do provide something (if they do).

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Help please

Update so far. Non compliance letter went of on the 16th March 2009 got a phone call on the 16th told them they were in breach of there contract and i was now in dispute and stated all the things in the letter. response "well that does not stop you paying the outstanding amount" :-? but said he would log he dispute and stop calling i have had calls nearly every day which i have ignored so far. could someone tell me how do i answer them??

|Next i get a letter from Lloyds telling me that they have logged the complaint and giving me a refrence number and told me they were dealing with it. Hmm still recieving phone calls and texts etc etc.

Today i have recieved the following letter.

 

Dear Mr *******

 

Thank you for your letter dated 16th march 2009

 

I'm sorry for the delay in responding to your request for documentation under section 78 of the consumer credit act 1974. Unfortunately, we have recieved a high volume of such requests, but i can assure you that we will respond shortly to your request.

 

I hope this fully answers the points you raised with us. Please let me know if there is anything else i can do to help.

 

If we cannot come to an agreement, i will provide you with details of the financial Ombudsman service so they can consider your complaint independently.

 

As long as you are happy with the way i have dealt with your complaint, there is no need for you to reply to my letter. if i have not heard from you by 247 May 2009 i will close my file, although i will re-open it if you come back at any point afterwards.

 

Yours sincerely

etc

etc

 

Now where do i go from here can anyone let me know? this letter arrived today (Date mistake and all).

 

Yesterday i got a letter Default Notice letter telling me to pay up or i go to court under section 87(1) of the consumer Credit act 1974

what do i need to do all advice would help

best regards

John

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hiya john,,,, did reply on my thread for you but i found your thread here

 

can you scan up the dn you have received, we can then advise if its valid and can you identify if there are charges included in what you are being asked to pay

 

also i got that letter the other week and then my cca application arrived, im in the process of scanning the documents i received later today to show on my thread,,

 

you have truecall, i would block them with the ringtone, that way you will get them recorded and dont speak with them now, i dont speak with anyone anymore i dont trust them what they have to say they can put in a letter to me

 

have you sent out the telephone harrassment letter and no doorstop visits?

 

just part of your papertrail,

 

let us know when you have scanned info and others will come along to give further advice too im sure

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi John

Keep are record of dates and times etc., that they keep calling you may come in handy.

Sure someone with a lot more knowledge than I have will be along soon.

DG:)

I have no legal training my knowledge comes from my personal life experiences

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hiya john

 

here might help with scanning

 

have you tried scanning and uploading the image to Image hosting, free photo sharing & video sharing at Photobucket?

 

If not, once it's scanned on your PC put it somewhere you can find it (desktop/folder marked MBNA etc). Next go to Photobucket and register.

 

Once you've done that, you need to click on "upload photos and video" (box on top left of home page). Click "choose files" which will bring up your files in a separate box. Find the image and click "open", and it will start uploading automatically.

 

Once that's done it will open up and you can click "edit this image" just underneath the picture. Remember to remove all personal info (I use decorate/draw to do this), then click "save and continue". It will take you back to the smaller version of the image, and there should be 4 link options showing underneat - you want to right click and copy the top one "email and IM".

 

Now come back on here and click the icon above the text box with the world and little chain type piccie, right click and paste the url and you're done.

 

*******

 

and for the harrasment letter,, in the main forum i think, on the main page it should get to you for a link, let me see if i can help - am back lots of info can be found in the liabrary section - laters angel x ....see below link

 

http://www.consumerforums.com/resources/templates-library/52-harassment.html

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya john

 

glad you mananged to scan the docs, so looking at th dn you got that on friday 27.03.09 thus giving you time to remedy i believe 14 days after service

 

not sure how to respond to that remember ive now had my apparent cca which im taking advice from others on

 

im sure others will come along how to respond or not but the dn remedy is now what you feel you must either do or not,,, but if you dont and its a effective dn then you will im pretty sure a default will sit on your credit file

 

had it been defective in any way then i would sit tight., am going to refer you to read about dn's and if they are dodgy how they can help with your case

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

catch up laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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thanks angel i thought that when i sent the Non Compliance letter with the paragraph

The lack of a credit agreement is a very clear dispute and as such the following applies.[/font]

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you

*You may not add further interest or any charges to the account.[/font]

*You may not pass the account to a third party.[/font]

*You may not register any information in respect of the account with any credit reference agency

* You may not issue a default notice related to the account."[/font]

 

Does this not mean that they cant issue a DN especially when they have acknowledged the fact that there is a complaint?

best

John

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hiya john

 

unfortunately, they shouldnt but to my cost ive found they do,,,

 

have you read or got yourself a copy of the oft guidelines?

 

handy to have and refer to at times

 

but what creditors believe and what we believe when an account is in dispute are two different things

 

im sure others will come along later to advise other knowledge im yet to gain

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Angel With regards to the DN my CAG Buddy has replied to my email with the following advice that may help you also.

With regards to the Default notices you need to access a copy of you records ie Experian it costs I believe a £1. I think you can check your credit history on line, when you see there is default notice attached, you need to write to Experian and tell them that it is incorrect information registered against you, they then have to contact Lloyds Bank and take it off whilst there is a dispute ongoing.

 

get a copy of your credit report, if they have put a default on your account then they are seriously at fault, and you do have some recourse, but we need to find out if they have wrongly put a default notice on your credit history. In a way It sounds bad, but it leaves you in a strong position in terms of them now being at fault.

 

Don't worry (I can't for obvious reasons get your credit history) but you can get it the moment we find out that they have put any mark against your name (It can be taken off immediately) and we will send them a strongly worded letter putting them on notice that they are now in serious breach of your rights) It does put you in a stronger position in terms of going back at them and getting them to back down. I am not legally trained, so I can only advise on my previous experience but I have had some success in fighting the credit card companies and when they foul up they have a lot to loose. It may pay to write them a letter saying that they in breach for issuing a default notice in respect of your letter dated.......... and you are putting them on notice that you are looking to correct this information and take the matter further to the financial services ombudsman and report them to their governing body. It will back foot them if nothing else. But we can talk about that later.

Hope this helps

John

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:cool:hiya John

 

many thanks for thinking of me in this, much appreciated

 

actually it was on my radar next to get all my credit files just to see the damage,,,,

 

its all a huge learning curve and ive got to the point that im now cross and that sparks me more into a determined mode so that is my next important tasks to do then many thanks

 

will let you know news as i get any

 

have a fun eve laters and thanks to the buddy too

angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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