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    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
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Oldchap

Oldchap v Lloyds TSB Credit Card.

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I disputed my Lloyds TSB CC and issued formal notice etc several months ago.

 

They failed to comply and continued to add interest and charges to my account, finally last month they withdrew over £270 from my current account to cover the outstanding payment on my CC dispite the account being in default.

 

Is this illegal ?

 

Lloyds TSB sent me documents referring to an agreement although not originals and not clear, they have also made handwritten alterations to these documents.

 

Is this unlawful ?

 

Any advice welcome ...

Edited by Oldchap

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Hello and Welcome, Oldchap.

 

I've started a new thread for you in the Lloyds Forum.

 

It's always advisable to only have one account with the same Banking group as they will 'offset' as you have found out, whether or not they can or should do this whilst the account is in Dispute is another matter.

 

Could you possibly scan what they have sent you, removing all personal details.

 

Regards.

 

Scott.

Edited by maroondevo52

 
 

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Many thanks for redirecting me, I'm new to this but have found many links invaluable.

 

Please find attached the 'so called' Lloyds c/c agreement although their copy was not clear or legible. The 2 pages were separate sheets and had no numbering to link them i.e. page 1 of etc. I also cannot find any reference to credit limit and am not sure if this is relevant

 

This asset account was one held many years ago which was closed and changed for a platinum account so the numbers on the top of the agreement (blanked out) do not relate to the c/c in default.

 

Where I have circled in red, although personal details have been removed, changes have been made to the document and someone has initialled them and this is definitely not me.

 

Where my signature is at the bottom the date has been altered, again not in my handwriting. The second page is puzzling because the date at the bottom of page one which looks like 28 07 2000 (28 looks to have been changed as does the 1 to a 7) compared to the second page signature date of 24/7/01 (someone I guess from Lloyds) ... this is a year later !!

 

Any help would be gratefully appreciated.

Lloyds TSB - cc doc.pdf

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Hi Scott

 

This time, attached is the letter received from Lloyds (first 2-pages) and a 4-page document, both of which I have never seen before.

 

The latter includes an unsigned, undated cancellation form but they did enter my details at the top which I have blanked out.

 

Finally, on the 4-page document in point 15.1 they refer to 17.4. However, there is no 17.4 that I can find.

Lloyds TSB - docs.pdf

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someone please please help I'm not sure what my next steps are or what letters to respond to Lloyds with :idea::confused::sad:

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Hi, Oldchap.

 

I've asked someone to have a look at your 'agreement', hopefully they will get back to you shortly.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks Scott

 

I'm in despair as many others are too I'm sure.

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What you have to consider also is how a judge potentially sees it too...and they do vary wildly, it seems the prescribed terms are there but, whether a judge will allow the terms to be part of the 'signature' document is another question....


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I'd also consider opening up a parachute account also as they will offset against a debt from another account.....have you received a default notice ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks, I’ve opened a parachute account and its up and running.

 

They have not served notice on me but I have on them.

 

Does the fact that it has been altered without my knowledge have any relevance ?

 

Does the fact that the counter signature was dated a year later bear any relevance ?

Edited by Oldchap

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I would be a little concerned that there have been alterations made to the original document after you signed it.

 

IMHO, you are entitled to see the original terms and conditions in that otherwise you wont know what exactly has been amended.

 

There is also a question mark over the document they have provided in that as you say, a reference is made to a clause which doesnt exist.


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Is there a letter template somewhere I could use to reply requesting such a document ?

 

I've search but cannot find one.

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Can anyone tell me what my next steps are Lloyds are now harassing me for an account which remains in default.

 

Do I send a SAR ?

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