Wifes Lloyds TSB cc now marlins claimform

[banksdomyheadin]

Any help / advice please.

We have not heard from Marlin since my last thread but have now got a copy of our Call Credit file. It shows the TSB debt now at £20,720.00 adding £100 per month for the last 6 months. How on earth can a debt of £10,420 nearly double in 6 months without going to court, I can't afford a Solicitor on this??Help please?

[citizenB]

That will be charges and extra interest I would think.

 

You need to establish what this increase is. Either send a Subject Access Request or an official complaint !

[Bazooka Boo]

YES I would look at sending a SAR too, could be a tenner well worth spent!

 

Has this account ever been terminated?

Did they send you a default notice with a period in which you could 'rectify' the account before it would be terminated?

[banksdomyheadin]

The default was from TSB on 29/06/2010.

 

 

We didn't go to court as you can see from my posts,

but did highlight that there was never an original signed copy

and the debt was previous to 2002 which they were saying it was from.

 

 

According to the credit report,

the account start date, states however that it was 2nd May 2003, which we don't understand as originally it started in 1997??

It states Account End date as N/A?

 

This is my post back in September,

 

 

"Just an update really,

I sent a letter and the form back saying we were not going to defend due to my Wife's Dad ill health

but stipulated that TSB had never complied with anything but only produced a balance transfer signed form in 2002

but the original contract was from around 1997.

 

 

They replied and said they were going back to TSB for their evidence and would contact us in time, 2 months ago now".

 

I will send them a SAR tomorrow, but once again I have not heard from then since July??

 

 

But they are adding a £100 a month?

[Bazooka Boo]

Has this account ever been terminated?

Did they send you a default notice with a period in which you could 'rectify' the account before it would be terminated?

[WelshMam2009]

According to the credit report,

the account start date, states however that it was 2nd May 2003, which we don't understand as originally it started in 1997??

 

but stipulated that TSB had never complied with anything but only produced a balance transfer signed form in 2002

but the original contract was from around 1997.

 

Something similar happened to myself. In order to get the balance transfer, your wife effectively entered into a new consumer credit agreement in 2003.

If you look at the bottom of the application form, it states that it is a, 'Credit Agreement Regulated by the Consumer Credit Act 1974.'

 

The 1997 agreement was probably terminated and replaced by this latter agreement.

 

From what you've written, it doesn't sound as if any judgement has been entered yet. Is that correct?

[oleg]

A balance transfer in 2002 can't lead to a new CCA in May 2003.

 

On 13 May 2013 you stated that you had accepted a new type of card with a 0% balance transfer offer in 2003 and signed a CCA.

 

As part of the systems amalgamation following their merger, LTSB did offer ex-TSB Trustcard holders new card types - often an upgrade to Platinum.

 

I doubt you will ever have been given an executed CCA. They just sent new cards out after receiving your signed acceptance of the card offer.

[banksdomyheadin]

Two and a half years later we have received a letter from Cabot, debt now at £21,573.58,

Wife has breast cancer and can't deal with this.

 

We haven't heard anything since we sent that Court form off years ago and now this saying they are acting for Marlin but at present they will not be persuing legal action?

 

Thought they took it to court years ago, confused.

[AndyOrch]

I thought you didnt defend the claim...have they not got judgment already ?

[banksdomyheadin]

We sent the form off to Court (Recorded delivery) over two years ago (N9a) but never heard anything until today?

[dx100uk]

have you checked credit file to see if a CCJ shows?

[Guest]

We sent the form off to Court (Recorded delivery) over two years ago (N9a) but never heard anything until today?

n9a admission?

so they have a judgment, re time to pay/instalments, and they are not currently going to enforce the judgment further but want to discuss things?

[banksdomyheadin]

Got a shock her credit score is 922 thought it would be shot tbh. No CCJ on Experian?

[Guest]

Got a shock her credit score is 922 thought it would be shot tbh. No CCJ on Experian?

any default wld have gone after 6 years.(you said the def was 6/10)

the claim issue date, according to your posts, was june 2014.

and you did n9a admission

so, what has happened then in that time.

[banksdomyheadin]

That's what I am saying. Default was June 2010.

Then we got the letter in June 2014 saying they were taking her to Court,

we sent in the N9a form to the Court recorded delivery

 

only heard from Cabot now some 2 years on saying get in touch

"We will not be persuing legal action at this time" - we don't get it?

 

If it went to Court they would be knocking on the door sooner than this letter has come?

 

What do we do next, do we email them, we won't call them we never call Creditors.

[dx100uk]

did the old claimform have her correct and current address on it?

[banksdomyheadin]

Yes all the addresses have been at this current address for 16 years.

[AndyOrch]

The claim must be stayed then and they never requested judgment...so they can either make application to lift the stay or discontinue the claim...but they cant issue a further claim for the same issue.

[dx100uk]

looks like you dodged the bullet then

can you scan up to pdf this letter from cabot please

click upload and read

[banksdomyheadin]

OK will scan in a minute. Have just been on her Call Credit report (Noddle) and no listing of the TSB debt anymore? Again her rating is good on here too?

 

Is that ok?

cf1.pdf

[dx100uk]

so when was the last time they wrote to you?

 

 

i'll be honest and say I've got 1000's of cabot letters but ive never seen that one

[banksdomyheadin]

Apart from this letter dated 03 July 2017 we hadn't heard anything from them for over two years when we sent in the court form N9a ! Only got this letter on Monday for some reason?

[dx100uk]

i think id let them sweat and see what they do

 

 

dx

[AndyOrch]

I have seen it before...and its usually followed by the " Welcome to Ruthbridge we are dealing with your debt "

 

( Ruthbridge is the desk in the far corner of Cabots Office near the Toilet... that gets all the scrag ends that they have failed to collect on )

[WelshMam2009]

This is the exact same letter that I received from them a couple of months ago.

 

They issued a claim, I submitted a defence and the claim has been stayed for almost 3 years, but not discontinued.

 

I'm pretty sure that I never signed a new credit agreement when I did a balance transfer in 2003 with Lloyds.

 

I found the heading to the letter misleading, as they have already commenced legal proceedings.

They've also added the court costs to the total that I owe them!

 

I've ignored the letter and not heard from them since.

 

As has already been said, they have two options:

apply to lift the stay or discontinue the claim.

 

Don't let them panic you.

I appreciate it's a lot of money, but if they had an enforceable agreement, they would have lifted the stay by now.

 

Take care and my very best wishes to your wife.