Account in dispute?

[cluttermoney]

Hello, in order to avoid dreaded DCA's I need some answers kindly!

 

I've just opened a parachute account, transfered all my incomings and DD's to it.

 

I've sent a letter requesting account hold on the old current account and associated credit card to which it was refused.

 

Ive sent a SAR to Lloyds regarding the current and credit card account.

 

What do I do now? im assuming within a few days they will issue a default notice on the accounts as i have an oustanding overdraft. Do I need to somehow put the account in dispute? What about the credit card? shall I request a copy of the CCA? should I stop payments on the CC whilst I'm waiting for the CCA or only after if they ail to produce/it unenforceable?

 

Im more worried about the current account as the outstanding over draft is quite substanstial and I don't want them to just send straight to their DCA arm and have a court claim

[Undercover-Elsa]

Hi Cluttermoney,

Congratulations on starting to take control

Just my opinion, but yes, I would also send a CCA request for the credit card, as if they fail to comply within the 12 +2 days you can then legally withhold payment until they do comply.

As you've already very sensibly sent a SAR for both accounts, you will then have the backup of being able to claim back any unfair charges on either account, if applicable.

As far as I'm aware, you'll just have to play them along re the overdraft, politely request that they freeze interest until such a time as they have complied with your SAR and given you an opportunity to assess the account details.

I'm sure others more knowledgeable will comment, but in the meantime good luck

Elsa x

[cluttermoney]

OK, So I'll write a letter politly requesting the current account charges and interest is frozen until I have recieved all the SAR documents?

 

I will also send a CCA for the credit card but continue to pay the minumum payments until recieved?

[Undercover-Elsa]

Hi,

It's up to you, but if they don't comply with the CCA request after 12 + 2 days then you can send them the Account in Dispute letter and legally withhold payments until they do supply it.(If they can!)

Re your CCA request, as you probably already know, don't sign it, send with a PO for £1 by Recorded Delivery and save the receipts.

When you do the template letter, remember that it's section 78 of the act for credit cards, so amend the template letter to state:

This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974

and further down

the provisions of s.78(6) will apply

As your going directly to Lloyds, remove the "if you're not the original creditor" bit.

Elsa x