My lloyds tsb credit card debt

[citizenB]

Responding to your SOS.. just going to have a read of your thread to see what the issues are.

 

BRB

 

Righto, you are sorting out your mum's finances and have asked LTSB for copies of the agreements.

 

The docs they have sent, you have been advised one may be enforceable the other not due it being illegible.

 

It is interesting to note that on the second group they claim it to be the "original" copy. In which case was mum ever given a copy ?

 

An agreement has to contain "prescribed" terms for it to be enforceable.

 

 

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

Your CCA request should have seen you receive copies of the agreement containing the prescribed terms.

 

Then separate terms and conditions from inception and also current terms and conditions.

 

One or two recent court cases have established what a creditor can send in respect of the CCA request. It looks as though reconstructed documents can be provided for that, however to proceed to litigation the originals have to be presented in court.

 

Questions:

 

When were these accounts opened ? Do you know whether Mum has received a Default Notice / Termination Notice from LTSB.

 

Do you know if Wescott is acting as agent for LTSB or if they are claiming it has been assigned to them and they are the new owner ?

 

Do you know if the balances they are claiming are correct ?

[citizenB]

Hi

 

haven't been ignoring your advice... being trying to find out about the Default Notice and Termination Notice...

 

Don't know if the balances are correct

 

We have recently moved and I am trying to find the paperwork... it is possible it was shredded...

 

No problem, anyone subscribed to your thread will get notification by email when you post up.

 

If, as you suspect, information has been shredded then you will need to send a Subject Access Request to all her creditors. This is a request for ALL information which include statements, etc. This will cost £10.00.

[citizenB]

TBH, I am not sure where you would go from here.

 

We really need to know if your mum has received DN / TN or final demands. I believe you said they may have been shredded:(

 

Have you sent a Subject Access Request to LTSB asking for all information in respect of mum's financial dealings with them ?

 

If not, then I would get one out as soon as you can. The template link is

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Almost certainly you require ALL statements from inception of the accounts. You can then work out if there are any charges or payment protection insurance added.

 

You need the account history/communications logs in order to see if and when any DN, TN has been sent.

 

Once you have done that, then I think you need to hold off Nelson Guest with a short letter advising that the account is in dispute with LTSB, and until they have resolved the dispute you will not be entering into any further communication with them.

 

What type of sums are involved here ? and when were the last payments made on the accounts?

[citizenB]

We made an offer of monthly payments to Wescot and they have asked for an I&E form. Know they aren't entitled so where do I go from here please?

 

You could send them and I&E form but without specifics.. ie if you are making payments to other creditors then dont identify them, just put

 

Creditor 1 = £ XX

 

What you do NOT need to supply them with is pay slips/pension or benefit slips, copies of bills, etc.

 

National Debtline have a blank I&E form which you can complete or even have them complete it for you.

 

HTH

[citizenB]

Dear Sir or Madam,

 

Account Ref:

 

Your letter dated 31st May 2010 and mailed 2nd class, was received by me today. (Remove the reference to 2nd class post if it was mailed 1st)

 

I have to admit to being rather confused by the content and your threat of legal action.

 

An arrangement to pay was agreed with your client. The first payment was made on DATE and the next payment is not due yet. However, it will be made on DATE.

 

I can only believe that your letter is intended to intimidate. This of course is a breach of OFT Guidelines.

 

Yours etc

[citizenB]

[citizenB]

I agree with you, Debt Managers should have the information if they have taken over the account.

 

Have you been informed by Wescot that they have passed this over to another company.

 

Perhaps a short letter to DM saying you have received no notice that the account has been passed on to another company. If they can provide you with their authority to collect as you have no knowledge of their company.

 

Who are you making the reduced payments to LTSB or Wescot ?

 

 

Can someone tell me what significance the Defaults and termination notices are is there a set pattern that they should apply.

 

Willy, do you mean defaults (ie those that are recorded at the Credit Reference Agencies) or a Default Notice.. which is a legal required notice that should be sent by the original creditor/owner of the debt before they can take steps to take further action.. ie close the account, take court action.

 

A Default notice needs to be issued under s87(1), It must state the breach that needs to be remedied and the date by which it needs to be remedied (ie paid) and the date for remedy must be 14 clear days having allowed sufficient time for postage. Ie 2 business days for 1st class post and 4 business days for 2nd class/UK Mail or TNT post. They can only ask for the arrears that are due at that time and again must be accurate.

 

Termination should not take place until AFTER the remedy date and should give you a further 7 days to pay, but in this instance it will be likely they will be asking for the FULL balance.

 

HTH

[citizenB]

Can someone cast their eyes over the above letter before I mail it on Monday - thanks

 

Morgana, your letter is perfect, post it.

[citizenB]

Either the new owner or the Original Creditor can advise of the assignment.

 

If you advise of the dispute then you will probably end up in letter tennis. However, if you don't, then they might start getting unpleasant.