Lloyds TSB Credit card debt/Payment

[Geordiegirl79]

I had a credit card on with Lloyds TSB, When my husband left the army we relied on it too heavily whilst he was between jobs. To cut a long story short we got into £3000+ worth of debt with it, along with other debts which are currently still being paid as agreed with the creditors. Now I used to pay Llloyds £16 pcm with no interest being added to the debt. And have reduced the debt to just over £2k. lloyds have now decided that the agreement for £16 was only for a set period of time, and have now started charging interest etc again. My minimum payment is now £54, £32 of which is interest, I spoke to a cal centre in India several weeks ago and had an expenses/income form sent which I filled in and worked it so that I could continue to pay £16 PCM, I made a payment of that and have since had no response. Today I received a statement saying my payment was overdue and that I should pay £38 immediately. Any advice on what to do? I'm currently at Uni studying to be a Nurse/I also have 2 young daughters. so have little free time during the day to see the CAB. Any advice would be greatly appreciated. I can afford to pay the £16-20 but would struggle to pay much more.

[cerberusalert]

How old is the credit card and how did you apply for it?

[Geordiegirl79]

I don't even have the credit card any more must be about 2004 I got it, was just offered it from Tsb at the time and filled in the form not thinking I would get it as I already had a card with Barclaycard

[cerberusalert]

send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[Geordiegirl79]

Thanks so much for your help, I will try this and let you know how I get on

[cerberusalert]

Depending on what you get back and whether it's enforceable or not will dictate what to do next, If it's unenforceable then basically you don't have to pay it, but don't worry there are several avenues open to you such as a;

 

DMP http://www.cccs.co.uk/InfoCentre/EnglandandWales/Debtsolutions/Debtmanagementplan.aspx

 

DRO http://en.wikipedia.org/wiki/Debt_Relief_Order

 

IVA http://en.wikipedia.org/wiki/Individual_Voluntary_Arrangement

 

It just depends on your circumstances & the amount of debt.

[Guest]

the infamous call centre in India! don't rely on anything that they tell you! don't speak to them on the phone again. get everything in writing. it seems quite apparent that they (loyds) are not always quite true to their overseas word! they might say that one is on a 'plan' etc and to ignore arrears correspondence, then next thing a default notice etc arrives! and they then don't 'recall' what they said/promised! and they proceed with 'collection'.

imo

Edited September 26, 2010 by Ford
typo

[Geordiegirl79]

Hi just a quick update, sent the CCA last week no response as yet. Yesterday I recieved a letter from TSB saying that my account will be handed to the collections team if I do not pay the minimum amount. It's the next bit thats really got my back up, I just logged onto my online TSB banking and a debit to lloyds TSB credit card for -£22.72 which is what they demanded in late payment charges. Can they do this take money directly from my current account toward my credit card debt?

Edited October 3, 2010 by Geordiegirl79

[rhos123]

Hi just a quick update, sent the DCA last week no response as yet. Yesterday I recieved a letter from TSB saying that my account will be handed to the collections team if I do not pay the minimum amount. It's the next bit thats really got my back up, I just logged onto my online TSB banking and a debit to lloyds TSB credit card for -£22.72 which is what they demanded in late payment charges. Can they do this take money directly from my current account toward my credit card debt?

 

hi, lloyds will indeed clean your account out with thier right to offset. might be a good idea to open an another account .ie natwest co op . not the halifax as they are now part of lloyds. if you are passed to the collection dept. you will be bombbarded with telphone calls from their cal lcenter in india!

[Geordiegirl79]

Will be closing my bank account with them this week then.

[rhos123]

UOTE=Geordiegirl79;3150139]Will be closing my bank account with them this week then.

 

i had big problems with lloyds raiding my account. i opened a basic account with natwest, now capt daniels and his bunch of pirates will get no money from me

[Geordiegirl79]

I have just been on the phone with the collection centre (i decided to give in and call them) They have said this was a mistake on the banks behalf and that my account is now frozen (no interest added) and i just need to pay £20 a month (that is what I offered to pay when i sent a list of in goings and outgoings to them) but i wont have to pay anything this month as the £22.75 will cover me for October.

[Geordiegirl79]

Forgot to mention before they said this offer is for 9 months!?

[Geordiegirl79]

UOTE=Geordiegirl79;3150139]Will be closing my bank account with them this week then.

 

i had big problems with lloyds raiding my account. i opened a basic account with natwest, now capt daniels and his bunch of pirates will get no money from me

 

Lol, Do you get a debit card with that basic account?

[cerberusalert]

Lol, Do you get a debit card with that basic account?

Yes & you can also get the same basic a/c with the Cooperative + you can use any Post Office counter as well as cash points but it is better to apply on 0845 602 7057 as a lot of front desk bean counters don't seem to know anything about these basic a/c... it's called 'Cashminder'. http://www.co-operativebank.co.uk/servlet/Satellite/1193206368743,CFSweb/Page/Bank-CurrentAccounts

[Geordiegirl79]

OK so got my CCA back this morning will upload ASAP.

 

img829.imageshack.us/g/tsbc.jpg

Edited October 9, 2010 by Geordiegirl79

[Guest]

Forgot to mention before they said this offer is for 9 months!?

 

geordie

 

things will prob return to 'normal' after 9 mths (unless they agree to extend the 'plan'). at least they froze the interest!

 

re the letters you posted up http://img829.imageshack.us/g/tsbc.jpg/ - it looks like their template response to a cca request. did they send some template terms and conditions with that? as they say, they are 'endeavouring to locate the copy...' AFAIK, without a copy of the alleged agreement, they cannot enforce in court?

[cerberusalert]

As it stands they have not complied to your CCA request so you can put the a/c in dispute and refuse to pay anything until such time that they do produce an enforceable agreement.

[2Grumpy]

LTSB say in their letter that the account is now fully enforceable.

I don't see anything like a CCA there - not even a reconstituted one

 

I thought that making claims that an account was enforceable when it was not was contrary to the latest regulations? ...

[Guest]

...............

I thought that making claims that an account was enforceable when it was not was contrary to the latest regulations? ...

 

'........the OFT considers that in taking any such steps, a creditor should in no way, either by act or omission, mislead a debtor as to the enforceability of the agreement. To do so would be an unfair or improper business practice and would be highly relevant to a creditor’s or owner’s fitness to hold a licence under the Act. It may also be an unfair commercial practice under the Consumer Protection from Unfair Commercial Practices Regulations 2008 and attract enforcement

proceedings under the Enterprise Act 2002. An obvious example of this would be threatening court proceedings when aware that a judgment could not be obtained because sections 77/78/79 cannot be complied with.....'

OFT Guidance on sections 77/78/79 CCA 74

Edited October 15, 2010 by Ford
typo

[Geordiegirl79]

Hi sorry for the lateness, I recieved another letter the other day with loads more paper work. I'll try and get it up tomorrow. Apologies for the lateness of my reply my internet has been down.