@asklloydsbank Lloyds Credit Card

[vancouver]

I have a thread on the BC account regarding my various cards. With the Lloyds one, I've been unable to keep up with payments and requested a short term freeze on interest and reduced payments. Both of these were refused so I've haven't paid them for three months now.

 

I sent off the CCA request and got sent a print out of their current T&C's but nothing else other than, going by other threads, a standard we don't need to supply you with anything else as the account pre dates May 1985. I then sent off the improperly supplied CCA second letter and have now had the, we have supplied you with sufficient information pay us and make a complaint to FOS if not happy.

 

I haven't yet sent off an SAR but aside from this is there anything else I can respond with? I simply don't have the funds to pay them and without them agreeing to my request I can't see what else to do now.

 

Thanks.

[vancouver]

Had more phone calls(though no where near as many as B'Card! 4/5 per day)and a couple of letters from their internal 'solicitors' and now their internal 'debt' collectors. I've responded in writing and disputed the validity of the account due to the lack of CCA contents/response and am awaiting the response to the SAR but in the meantime it has gone all quiet for nearly two weeks now.

 

Is this normal operating procedure for them and is it likely to be the calm before the storm?

[dx100uk]

no cca = no pay.

 

have you looked at unlawful charges & p'haps mis-sold PPI?

 

keep sending them £1PCM

i'd pay 'something' on a regular basis.

 

dx

[vancouver]

Interesting, had a letter from Lloyds about my 'complaint', they uphold it and wont keep ringing my numbers!! However yesterday, after previously seeing off MHA Collections and SCM,they have now handed the file to Moorcroft, despite the account being in dispute.

 

The letter from them is from their laughingly headed 'Pre Court Division', how impressive! It tells me to pay the full amount now, or make an agreement by the 28th with them. Would I be correct in the assumption that Lloyds have breached the Data Protection Act by passing on my details to a third party?

 

For their part, Lloyds have still only sent me an undated, unsigned list of T&C's, which have no obvious connection to my credit card account and even have my current address on them, I have moved three times since the card was taken out. They tell me as it was taken out before May 1985, they have no obligation to supply me with any other information although they are 'looking' for the original agreement. What is the legal situation on this date? are they correct or is this just made up like the CCA supplied.

[dx100uk]

i would think it will eventually get sold on then you might be able to over a very loe F&F to close the matter.

 

dx

[vancouver]

Wrote to inform them their client was in breach of the Data Protection Act and that I was reporting them to the ICO. The account was in dispute and they had no right to correspond on my account. Today they have replied saying any action is being put on hold subject to them receiving a response from their client!

 

In the meantime I still have received nothing that relates to my account,only the print out of T&C's apparently from 2002, years after my account was opened. It will be interesting to see what the results of the SAR bring!

[vancouver]

In January, after a six month break and hearing absolutely nothing, I suddenly hear from a DCA called Robinson Way, as well as a letter from Lloyds telling me they will supply the documentation requested but in the meantime I must pay up . I responded to both and got a further letter from Lloyds telling me, they won't respond anymore, whereas Robinson Way said they would take instructions from their client. I wrote back again arguing about the abuse of the Data Protection Act and the fact the a/c was obviously in dispute etc. Got another 'final response' letter but still received nothing from them by way of documentation on the account, their letter also refers to my loan a/c when in fact it's a CCA.

 

Had two letters this morning, one from the DCA saying they have again referred back to their client following my last letter. The other from Lloyds, basically saying they are not going to talk to me any more and enclosing their last two letters, effectively saying the same thing. However in their letter from the beginning of January they obviously stated they would be sending through the requested documents, I've received nothing and they haven't responded to this specific point in the last two letters, nor have they confirmed why their most recent correspondence now says I have a loan account, when it's a CCA. The DCA, Robinson Way, (who I believe should not have been appointed as the account was in dispute) seem concerned enough by my protestations to keep responding and referring back to Lloyds.

 

In the meantime I have still received nothing that relates to my account, other than the basic two page print out of T&C's from a different year and no signature, incorrect address etc. It's also dated about twenty years after I took the card out. Should I just stick to my guns and play call my bluff or do you think they might try and reach a settlement on the A/C or should I just continue to press for the documentation they have specifically said would be sent to me?

[disgruntled2007]

Hi there! I am in a similar position to you in that i am disputing the validity of the reconstructed CCA LTSB have supplied. I have been through the ****, MHA, Wescot and Robinson Way mill. Each time I have written back stating the account is in dispute and they wont get a penny until I see a true copy - MY OPINION of a true copy and not what they see it as! Just this week I have had a letter from Robinson stating...

 

"With reference to your recent contact, our client has advised us your dispute has been rejected and you remain fully liable for the balance outstanding. We trust this resolves your query and we now require your proposal for payment sent to us in the next 14 days."

 

I'm very bored now and have them on at least two issues, which i wont discuss here due to trolls... However, being bored now I have basically sent them a put up or shut up letter and informing them that save for service of summons all future post will be filed unanswered, and that is exactly what I intend to do! Annoyingly, I forgot to include any reference to money laundering regulations because they appear to have lost my original agreement... assuming there was one, of course...

 

My position differs from yours in that my card was (allegedly) opened post 1987. The CCA is different for people with cards older than 1985... I cant remember the exact differences but it amounts to what they are required to send in response to a CCA request.

[vancouver]

Hi Disgruntled,

 

Looks like there's lot of going around in circles with Lloyds and their DCA's, funny enough I had two different letters from the same person, telling me they wouldn't respond again. Both dated on different dates but both referring to the same letter that I'd sent.

 

Out of interest does anyone know what the law is on pre 1985 agreements and what they should be supplying me with.

[disgruntled2007]

The regulations on supplying copy documents ((Consumer Credit (cancellation notices and copies of documents) regulations 1983/1988-)) state that for an agreemement prior to 1985 the creditor only needs to provide a copy of current terms & conditions if they no longer can provide a true copy of the original.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?210754

[vancouver]

Thanks Disgruntled, it does look like they should still have supplied more than a print out of current T&C's though, under my SAR request, which obviously they have failed to do. Mind you I can't see it meaning anything to them as they just choose to ignore everything.

[disgruntled2007]

welcome! there are people here who know much more than I!

[disgruntled2007]

Should I just stick to my guns and play call my bluff or do you think they might try and reach a settlement on the A/C or should I just continue to press for the documentation they have specifically said would be sent to me?

 

IMHumbleO I would await the next letter and respond accordingly, having seen what they have got to say! There are a number of routes open to you... Give in and pay up... Reiterate account is in dispute due to invalid CCA response (seems that they have sent a valid response though)... try the CPUTR letter route...

[vancouver]

Well having seen off MHA, SCM, Robinson Way, Moorcroft and still arguing with Apex/NCO Europe, I started to get phone calls from AIC today!! Obviously I didn't answer but I can't believe how Lloyds continue to flaunt all the rules laid down, I've had no notification from them yet again, that they have appointed another DCA. So I've now got Apex/NCO and AIC on the case, unless they are one and the same?

 

Equally NCO replied to my complaint that their client's have already sent a final response in the matter and they and their clients haven't breached any rules or guidelines, not quite accurate as I've had three final responses! Of course I've still had no further documentation as promised by Lloyds and according to the thread regarding the pre 1985 agreements, one of the posters commented

 

"The 1985 cut off relates to CCAs under the Consumer Credit Act 1974. It has no bearing on the Data Protection Act 1998.A Subject access request under S7 of the DPA 98 relates to ALL data held by the data controller. There is no time limit. The only stipulation is that a data controller should only keep data about a person whilst it is still relevant to do so or there is a statutory limit, eg keeping documents for 5 years after the termination of the relationship because of Money Laundering Regulations."

 

As the account was still active I guess they should have supplied me with the information requested and as promised in one of their 'final response' letters. Is it now worth escalating this to a formal complaint with the Ombudsman, as they just keep switching from one DCA to another and this process just starts all over again. Also from checking out AIC on the forum they seem to be the 'bully boys' of DCA's so this should be interesting.....