Lloyds TSB : Help with lloyds + others please

[matt5983]

Hi everyone, just looking for advice on how to deal with lloyds........

 

This is a quick breakdown of what happened in 2010,

 

In january 2010 my wife suffered a severe breakdown and went on the sick, she moved into her mums who is a psychatric nurse to care for her, i went back to my mums with my 2 yr old daughter,

My wifes income stopped in Jan 10, was about 30k year

I had to go part time to care for my daughter and dropped to about 7k a year.

My wife saw my daughter for an hour every sat as that was all she can manage, she also tried to take her own life on 4 occasions.

 

Subsenquently i had to go on a DMP with CCC's, as the debts were in my name,

 

The debts are,

 

Lloyds unsecured loan £5000

 

LLoyds overdrafts x 2, 1 x £500 currently at £546 and the other £800 currently at £719

 

Barclay card £1000 limit, balance £987

 

TBI financial services, balance £424

 

Barclays personal finance, balance £234

 

My wife has just about thought about going to work after having a year off, she is going to do pub work etc just to get into the swing of things again, i myself was made redundent on xmas eve.

 

I have spoken to CCC's today and have explained to them i cannot afford the £143 per month payment for my DMP. all the other creditors have been very good and reduced everything they could and i have to pay them is about £30 per month between them. However lloyds have got funny saying it's not there fault im in the situation im in etc.

 

To top it off, my wife has a CC with them and even though i have nothing to do with it (second card holder etc) they informed CCC's that this was MY DEBT, you can guess what i told them.

 

Any advice would be very welcome, thanks

[MARTIN3030]

Welcome to the site.

I think maybe your thread needs moving into the debt forums.

Will do this now.

[kurvaface]

1st thing...LLOyds are proper S**ts but you can get them to play ball by putting them on the back foot. I'll post the link to my thread which is an entirely different situation but the principles apply.

 

What's the status of the LLoyds loan? What have LLoyds written to you and said to you? Are you dealing with their collections in Hove yet?

[kurvaface]

http://www.consumeractiongroup.co.uk/forum/showthread.php?208706-LLOYDS-BUSINESS-PERSONAL-Accounts-SAR

 

The last post is the relevant one.

[Tingy]

That's an interesting line to take. I can see why it would work and well done you!

[matt5983]

The status with lloyds is that the loan is with there collections dept as the payment was less than what they wanted, the £800 overdraft was with them when it was over but now as they "its in credit"

 

Just received letters saying that there unwillling to accept any payment lower than what i want which is about £10 a month due to the fact of having no income.

 

Thanks kurvaface

[Tingy]

You might consider sending voluntarily your IE sheet with pro rata offers for all your debts (only a judge can demand your IE sheet as I'm sure I'll be reminded suggesting you volunteer it!). They will then see that what you are offering is more than reasonable and if they take you to court they'd probably receive less.

 

Lloyds seem to be being particularly awkward at the moment - their name is cropping up a lot. You can only pay what you can afford and sustain. Do not be pressured into payig more than this. If necessary, let them take you to court. As long as you can prove you're doing all you can to resolve the situation, you're on a strong wicket.

[kurvaface]

It may be worth your while doing the CCA route and DSAR route, if only to eat their time and generate grounds for dispute ( and under these circumstances collection must back off).

 

Do you have any payment protection? What charges have there been on your accounts? Again in cases of hardship you will have grounds for generating disputes.

[matt5983]

It may be worth your while doing the CCA route and DSAR route, if only to eat their time and generate grounds for dispute ( and under these circumstances collection must back off).

 

Do you have any payment protection? What charges have there been on your accounts? Again in cases of hardship you will have grounds for generating disputes.

 

I have no PPI as i knew it was a con a long time ago, i've sent off a cca on the 10th jan just out of curosity,

 

No charges for late payment etc, just the intrest racking up,.........funny thing is that i got sent a letter saying if i pay 3k, they would let the loan go, i didnt even prompt them for this......so that came out of the blue

[matt5983]

I was gonna write to them with a token payment also including a I & E sheet, what they have never done and which im gonna ask for is that all charges and interest is to be stopped

[kurvaface]

No charges for late payment etc, just the intrest racking up,.........funny thing is that i got sent a letter saying if i pay 3k, they would let the loan go, i didnt even prompt them for this......so that came out of the blue

 

That's the kind of thing that really pricks my ears up because it's a behaviour long associated with lack of an enforceable agreement. When was the loan taken out and how? I too wonder what the CCA will throw up!?!

[kurvaface]

I was gonna write to them with a token payment also including a I & E sheet, what they have never done and which im gonna ask for is that all charges and interest is to be stopped

 

Hold fire for the CCA.

[matt5983]

The loan was origianlly in my wifes name taken about 9 years ago, then about 6 or 7 years ago it transfered into my name in the local branch, it was to consolidate some other debts. I had a really good credit history so my APR was low, hence the transfer.

[matt5983]

Right then, i received a response from lloyds today along with some paperwork.

 

I havnt got a scanner so trying to find another way of getting them on here,

 

Basicsally the covering letter said that the paperwork they sent was what was requested under the CCA and had fully cooperated under this law, also mentioned they WILL NOT responed to any more request for more paperwork lol,

 

All i got was an executed agreement between me and lloyds, loan amount, monthly repayments apr etc, NO SIGNED PAPERWORK and some T7C's, will try and upload these someway

 

Any ideas?

[Tingy]

It doesn't have to be signed to comply with a S78 request. I'd be inclined to say you've been to CAB who have filled in another IE sheet with you and advised you that were this to go to court in all likelihood the judge would order much lower repayments than you have offered. In any case do not be pressured into paying any more than you can comfortably afford.

[kurvaface]

Well if you can opost up ( somehow) what they have sent, there will be expert advice that can confirm if it is an enforceable agreement or not.

[kurvaface]

I take it you have not done a dsar yet?

[matt5983]

no dsar yet either

Edited January 18, 2011 by matt5983

[dx100uk]

thread tidied and att's removed as showing per info

 

dx

[kurvaface]

phew...8)

[matt5983]

Yeah thanks dx

[cymruambyth]

Thanks

[matt5983]

right then try these,

lloyds 1.pdf

lloyds 2.pdf

lloyds 4.pdf

lloyds 3.pdf

lloyds 5.pdf

[kurvaface]

I am not an expert on CCA agreements and I would invite one of the senior members of the forum to advise as to whether LLOyds' response is appropriate, if the agreement is enforceable etc.

 

I understand it is up to a judge to decide if it is enforceable and a judge will decide what you pay or can pay if it goes that far.

 

From experience, do not take the advice from anyone at LLoyds because at best it will be wrong and contradictory - at worst they will tell you blatant lies. I would strongly advise you to do the DSAR now to gather together all the facts regarding the history and progress of this account. Ask for everything from contracts to phone transcripts, statements to charges etc.

 

It is a very useful tool for forcing them to show their hand and then take things form there. In the mean time, you can reasonably instruct them to put the account on hold while you await the data.

[matt5983]

Any CCA experts out there, want to get this shifted asap if possible please