Moorcroft sent credit card debt back to LLoyds

[eastender100]

Sorry, I think I have confused things a bit, the account is still open because i stopped payin them last year, they then passed this on to Moorcroft, I cca them, they sent the usural letter sayin they have sent it to there client, then after a while I received a letter saying there client did not reply to the request and they have passed the account back to them, I then called Lloyds who said they don't keep them after 6 years, they have now got SCM solicitors writing to me, so I sent them a bemused letter saying that I don't owe Lloyds anything as they have not replied to my cca request. Sorry about the confusion.

[Fred Bassett]

Sorry, I think I have confused things a bit, the account is still open because i stopped payin them last year, they then passed this on to Moorcroft, I cca them, they sent the usural letter sayin they have sent it to there client, then after a while I received a letter saying there client did not reply to the request and they have passed the account back to them, I then called Lloyds who said they don't keep them after 6 years, they have now got SCM solicitors writing to me, so I sent them a bemused letter saying that I don't owe Lloyds anything as they have not replied to my cca request. Sorry about the confusion.

 

I have a feeling that Lloyds don't keep them for long. If you've had this for a while then you could be lucky. My own dates back to about 2000 and I've been having problems with them since 2005. I haven't paid them for 2 years and the last correspondence I had - about 9 months ago - offered me a 50% discount. I've just written and offered them 5% just to get it cleared.

 

Regards.

 

Fred

[eastender100]

Hi Fred, my account was opened in 2001 ( credit card ) I'm not sure what sort of reply i'm going to get from SCM solicitors, because I have not dealt with anything like this before.

[Fred Bassett]

Hi Fred, my account was opened in 2001 ( credit card ) I'm not sure what sort of reply i'm going to get from SCM solicitors, because I have not dealt with anything like this before.

 

 

I haven't dealt with them either. Just post up what you get and see what happens.

 

Regards.

 

Fred

[eastender100]

Yes ok, when I hear back from them, I will post up.

[Craigbadger]

Ive got a cca from early 98 which was shock horror enforceable but ive seen others more recently that are not, and they sent statements back to 99.

This was a live account though and the photo copy in the SAR was slightly differently scanned to the cca request which does suggest to me its an individual scan of an original rather than just a scan lifted off the system.

Lloyds seem 1 of the more organised banks(in my my personal opinion anyway). Pitty they couldnt organise there own finances better though:p

Saying that most creditors do seem to come up with a copy of the agreement its just a matter of whether its actually any good or not.

Edited May 2, 2010 by Craigbadger

[eastender100]

When I spoke to the person on the phone from Lloyds they said that they could see that there was a cca request but they don't hold them that far back, they said they only hold them for 6 years, BUT (dont laugh) they said I could go into my local branch and fill in another one!

[Craigbadger]

Haha, although ringing and asking for your cca is like asking the tea lady at a football club for tactical advice.

Send the request and wait and see what they send.

[Fred Bassett]

Ive got a cca from early 98 which was shock horror enforceable but ive seen others more recently that are not, and they sent statements back to 99.

This was a live account though and the photo copy in the SAR was slightly differently scanned to the cca request which does suggest to me its an individual scan of an original rather than just a scan lifted off the system.

Lloyds seem 1 of the more organised banks(in my my personal opinion anyway). Pitty they couldnt organise there own finances better though:p

Saying that most creditors do seem to come up with a copy of the agreement its just a matter of whether its actually any good or not.

 

In fairness to Lloyds, I think they were one of the better organised banks until McBroon pressured them into buying the Halifax. Unfortunately for Lloyds, the due diligence wasn't diligent enough.

 

Fred

[angry cat]

They are required to keep all data for a period of six years after an a/c is closed.

 

Exactly Correct!

[Fred Bassett]

Exactly Correct!

 

This raises another interesting point though, which I have mentioned before. If they only keep data for 6 years and the account is older than that, how do they prove what the balance was at 6 years - 1 day?

 

Fred

[Hardupnotfedup]

This raises another interesting point though, which I have mentioned before. If they only keep data for 6 years and the account is older than that, how do they prove what the balance was at 6 years - 1 day?

 

Fred

 

They are required by law to keep them for 6 years after account is CLOSED

Why would they need to prove what a balance was 1 day after it closed.;-)

[Fred Bassett]

They are required by law to keep them for 6 years after account is CLOSED

Why would they need to prove what a balance was 1 day after it closed.;-)

 

But I'm fairly certain that some of them only keep details for 6 years even when the account is ongoing - in fact, I think I have this situation on one of my accounts - I will try and find it.

 

Regards.

 

Fred

[cerberusalert]

A lot of lenders created real problems for themselves in the past because of their own innate greed. They had 'agreements' drawn up by para-legals who were not qualified in contract law hence the plethora of 'agreements' which don't conform to CCA 1974, add to that their unwillingness to invest in storage facilities for the hard copies hence the introduction of electronic storage of microfiche images. The main problem with the latter is that in the majority of cases these images were created either by untrained or totally inept employees who really didn't know how to create images hence the poor and usually unreadable reproductions + the fact that they either couldn't be bothered or forgot to copy the reverse of these documents, which of course has now led to so many reconstructed reproductions.

 

Of course there are also the natural losses of these agreements where they have been badly archived, misplaced or just destroyed because the afore mentioned paralegals didn't attend the lectures which covered the Data Protection Act & the Money Laundering Act.

Edited May 3, 2010 by cerberusalert

[lee32uk]

But I'm fairly certain that some of them only keep details for 6 years even when the account is ongoing - in fact, I think I have this situation on one of my accounts - I will try and find it.

 

Regards.

 

Fred

 

HSBC also only keep agreements for 6 years.

[cymruambyth]

Just a cautionary note, we had a cc with no CCA and we were offered big discounts etc, because they said that they didn't keep agreements we carried on battling. [problem] huffed and puffed and took us to court where we met a rotweiller and lost.

[Guest]

Just a cautionary note, we had a cc with no CCA and we were offered big discounts etc, because they said that they didn't keep agreements we carried on battling. [problem] huffed and puffed and took us to court where we met a rotweiller and lost.

 

what happened for you to lose where there was no cca?

[Guest]

what happened for you to lose where there was no cca?

 

i guess then that they found an enforceable cca at the last minute? (it wasn't clear from your post!)

[eastender100]

How can they win in court if they don't have a credit agreement?

[cymruambyth]

Because they produce an illegible copy that the DJ accepts as legible and which he choses to accept! DJ lottery (but I was very knowledgable:mad:)

[eastender100]

Hi all I put a tread on here earlier, and this may be a silly question, but can a credit card company, use your statement instead of a Credit agreement?

If someone could give me some advice it would be great.

[dx100uk]

would be better if you stuck to one thread.

 

you might have received a statement of account which is PART of the cca reply & not the actual CCA back yet.

 

dx

[eastender100]

Sorry about that, just panicked because I didn't think anyone was going to answer.

[harrassed senior]

Just 'bump' your threat (write bump) and nothing more as a post and your thread will automatically be taken to the top of the list.

[eastender100]

Hi all could do with some advice on this credit agreementSCM solictors have sent me from Lloyds dated 2000.

 

Yes it has my signiture on it and dated and signed by them, But there is no terms and conditions ( does it have to have them?) some help needed as they have given me until June or they will take legal action.