winston v lloyds tsb cc

[Winston44]

hi all

 

i have been a member and a lurker for sometime now:) and i find all the info fasinating, but i could really do with some advise please

 

i have a lloyds tsb cc and it was taken out in 1985.

 

before joining this forum i have gone through a company which deals with credit cards ~ i didn't pay a fortune but i wanted the security of using a company that knew what it was doing. so far i think they have been ok.

 

i first instrusted them last nov (2008) and lloyds have been cca'd and sar'd etc, but i have just recieved a letter from the company saying that i have 2 options as lloyds have given no response as yet other than to say they dont have to supply the origional signed agreement, no paperwork, agreements anything!!

 

option 1) carry on paying min payment and continue chasing for the sar and cca.

option 2) stop paying and force lloyds to take legal action, so that the solicters/barresters can start legal action at their end.

 

i have a payment plan in force with lloyds, (2nd one this yr) and pay a set fee each month, but lloyds have advised me that this will be the last one that they can set up for me and when it ends they will not set another one up:(

 

hubby thinks i should do option 2, but i am a coward and hate the idea of threatning phone calls and letters, and dont really want baliffs or debt collection companies turning up on my doorrstep. i have a young child

 

can any one advise on what normally happens when you stop making payments? or on anything else from my brief explanation

 

thanks in advance

[silverfox1961]

Hi,

Glad to see you've stopped lurking.

 

It is a personal choice which way you could go (I know I would go with option 2 but I'm a beliggerent sod )

Chances are there is no agreement as it was taken out so long ago.

 

The chances of a debt collector turning up on your doorstep is slim but we have letters to assist in stopping that from happening.

 

If you get too many phone calls, there is a letter for that too.

 

You could always get a truecall as that will screen all your calls.

 

Bailiffs can only come to your house if the OC has a CCJ against you and only if you fail to pay the judgement.

 

hope that helps

 

fox

[Winston44]

hi fox

 

thanks for your response, so basically what you are saying is that they CANT send baliffs to my door to demand payment of any kind UNLESS, I have actually been to court and that it has been found against me?

 

 

what happens is they send debt collectors? do they have a legal right to enter your house?

 

how often will the company call and send threatning letters? are they very nasty?

 

sorry i am being a wimp as i hate confrontations and really dont want the stress, but at the same time i would love to get this sorted sooner than later.

 

if you dont pay the min payment to the cards, how soon do you start getting calls and letter?

 

 

many thanks again

[silverfox1961]

hi fox

 

thanks for your response, so basically what you are saying is that they CANT send baliffs to my door to demand payment of any kind UNLESS, I have actually been to court and that it has been found against me?

 

Correct!

 

what happens is they send debt collectors? do they have a legal right to enter your house?

 

None whatsoever. They don't even have the right to come up your path. If they do turn up, you can tell them to leave or you will call the police

 

how often will the company call and send threatning letters? are they very nasty?

 

If you have call screening-use it. Depends on the letter to what you do with it.

sorry i am being a wimp as i hate confrontations and really dont want the stress, but at the same time i would love to get this sorted sooner than later.

 

if you dont pay the min payment to the cards, how soon do you start getting calls and letter?

 

Doesn't take them long. I'd say within 3 months

 

many thanks again

 

Try not to speak to them on the phone and don't answer any security questions. By doing so, thay cannot continue with the call. If the did, they would be breaking the law. Do everything in writing and send every letter Recorded Delivery. By doing everything in writing, they can't lie like they would on the phone. Look out for "May","could", "Might" in their letters. Very few will say "WILL"

 

If you start getting harassing phone calls, send this:

 

Harassment by telephone - Consumer Wiki

 

If you don't want a doorstep collector to remove your doorstep, send this:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-.html

 

As they haven't responded to your CCA and SAR, the account is in dispute and as such, you have no obligation to offer payment nor are they allowed to demand payment.

 

I would report them to the Information Commissioner re: the SAR and the OFT about the CCA. Get trading Standards involved too. Go via the consumer direct website for this.

 

This won't go away quickly unfortunately. To ease the amount of stress, you could offer token payments but as they have already said they won't be doing this again, I don't think this plan will work.

 

There is loads of peeps here who have vast experience who will help as much as they can.

Good luck

 

Fox

[Winston44]

WOW! fox, many thanks, i feel abit more confident now:) i would apprectate any helps you guys can give me, but i am blown away with the way you have spent your time to answer my thread

 

many thanks again