Credit Card Debt - Advice please?

[fenlon962]

After successfully having one of my mother-in-law's credit card accounts written off I am now tackling 2 of the remaining 3.

 

24th April I wrote to one requesting copy agreement and statements with no response.

18th November wrote again requesting same.

24th November they responsed with " a copy of the original application was sent by fax on 4th May 2010, we were unable to obtain any copy statements."

 

I do not have a fax number so could not possibly have received anything.

 

Where do I go from here as they cannot supply copy statements? I cannot chase interest charge refund as have no idea of figures.

 

Any help would be appreciated - Thanks.

[silverfox1961]

Hi,

I would be writing back asking how they could fax you when you don't have a fax (are they trying to mislead you?)

 

You say they can't supply copy statements. Is this the original creditor or a DCA? If it a DCA then send a SAR to the original creditor. That should get you back statements

[fenlon962]

BLS Collections on behalf of their client Lloyds TSB - will send letter to BLS re fax issue - as have they sent personal details to someone else?? and also sar to LLoyds TSB.

Thanks - will keep updated as and when.

[Tingy]

I would ask for the fax number to which it was sent, then try to contact that number and get YOUR info back from them, then go down serious breach of DPA.

[fenlon962]

Update -

 

Lloyds now over 40 days for sar with no response.

BLS same - no response to letter requesting info on where they have sent cca by fax.

 

Advice please on how to proceed now?

 

Thanks

[acerbic]

Quick question, did you send the relevant payments for the SAR and CCA. ie £10 SAR and £1 CCA?

[fenlon962]

I sent the £10 for sar by cheque which has cleared account but as BLS said they had supplied cca without payment I haven't sent any further.

[acerbic]

Lloyds have a legal obligation to reply within the time limit !

I'd be inclined to send them this letter from the CAG templates

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

 

 

[name]

 

 

BLS are just playing games, (Who's ever heard of a DCA not taking payment??).They haven't sent you anything!!

I'd put that account into dispute straight away, and then I'd ignore BLS until they supply a valid CCA or they issue court proceedings, (which they'll never do without the docs).

 

Hope this helps

[acerbic]

Adapt the letter to suit, i.e you are not in receipt of anything even though they've cashed your postal order!

[fenlon962]

Update - still heard nothing from either LLoyds or BLS.

 

Separate issue - NatWest have confirmed they cannot supply cca and returned payment. So since November have not made any payments and have put account in dispute telling them no more payments will be made. Am still receiving statements requesting minimum payment - this month has gone from agreed £4 to over £2000. Is there a template letter to respond or should I just ignore until they threaten further action? Correspondence going to my mother-in-law as her account and she is getting worried.

[fenlon962]

Have received response to letter I sent offering full and final settlement - just to get rid of it - of £38.70 being statement amount less interest charges from 3 years statements supplied and less amount of excess of payments over purchases for same 3 years.

 

They responded refusing the offer as being insubstantial.

 

They do however confirm that the agreement is currently unenforceable due to them being unable to supply copy cca and being unable to comply with section 78(1).

They state that the agreement is not void and any obligations to make payments under the agreement remain.

They refute the refunding of interest charges as the full balance was not repaid each month and interest was charged correctly in accordance with published tariffs.

 

They also request to be be provided with:

a) Upto date financial statement

b) Copies of letters from other creditors who have written off or accepted settlements (of which there has been one who wrote off a 'goodwill' after going to FLA)

c) Copies of relevant current medical documents

d) Suitable offer of full and final settlement

 

Should I do any of the above ? Or ignore as they cannot currently enforce agreement?

 

Have been given 8 weeks to respond or they will assume satisfied and close complaint.

 

Thanks

[acerbic]

They responded refusing the offer as being insubstantial.

 

They do however confirm that the agreement is currently unenforceable due to them being unable to supply copy cca and being unable to comply with section 78(1).

 

Standard blurb, I would ignore. They have said that they can't enforce the agreement, so leave it at that. They are not entitled to any of the docs that they ask for, only a judge can ask for these.

 

Separate issue - Natwest have confirmed they cannot supply cca and returned payment. So since November have not made any payments and have put account in dispute telling them no more payments will be made. Am still receiving statements requesting minimum payment - this month has gone from agreed £4 to over £2000

You risk nothing all the time they cannot produce the agreement because that is precisely what they would need in order to go to court.

 

 

Is there a template letter to respond or should I just ignore until they threaten further action? Correspondence going to my mother-in-law as her account and she is getting worried.

They can ask all they want but without an order from the court there is nothing they can do.

 

Have been given 8 weeks to respond or they will assume satisfied and close complaint.

 

 

Did you complain?? I don't think so!

 

They also request to be be provided with:

a) Upto date financial statement

b) Copies of letters from other creditors who have written off or accepted settlements (of which there has been one who wrote off a 'goodwill' after going to FLA)

c) Copies of relevant current medical documents

d) Suitable offer of full and final settlement

 

Should I do any of the above ? Or ignore as they cannot currently enforce agreement?

 

 

Do none of the above.

[fenlon962]

Thanks - I have replied to them acknowledging their confirmation of agreement being unenforceable and informing them no further payments will be made. Have also reiterated the fact that I believe the interest charges are grossly excessive and compounded. Sent a current income and expenditure just for their info showing that there is still no disposable income should they manage to cobble together a cca and terms. Highly unlikely as I think the card was taken out in the 1980's if not earlier.

 

Thanks again for your advice. Just need confirmation that I am doing things by the book - so to say.