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SCM, Lloyds credit card and CCJ***PPI paid out in full***


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I think this is bit like closing the stable door after the horse has bolted but hey ho!

 

in brief, credit card I haven't paid anything on since beginning of this year.

SCM/Lloyds took me to court in August, I didn't defend so Judgement for Claimant ordering a monthly payment that I can't afford so haven't been paying.

Meanwhile SAR sent to Lloyds in September, info due next week. This hasn't been acknowledged by Lloyds, and track and trace can't give me delivery details but I do know it has been received.

Letter from SCM now observing I'm not making regular payments and therefore instructed to enforce Judgement Order by either Warrant of Execution, Attachment of Earnings or Charging Order.

 

Once I get the requested info I know this credit card had PPI (I'm self employed) my claim will more than cover this debt.

Is there anyway that I can delay any action without applying to the court for a set aside ?

It's purely my own fault for not dealing with it at the time. I have no available funds to pay for a set aside.

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Did you not have a copy of the agreement when they took you to court originally ?

 

That would have shown if PPI was attached at inception. If it is likely that it was added at a later date, then yes, you need the SAR data.

 

What date do they need to respond by for the SAR.. you just say September!. They must comply within 40 calendar days.

 

You can check with the Post office on.. 01246 542091 to see if your postal order has been cashed. You will need the receipt you obtained with the postal order.. If you are advised it has been cashed. Ask if they would be kind enough to confirm in writing :)

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi CitizenB and thanks for your interest.

No, I didn't have a copy of original agreement - I didn't go to court

old card, probably started early 90's and cant remember if PPI was from start or added later. SAR'd for all, everything to included personal and business accounts and credit card accounts and loan accounts - I've got a lot of claims going on :)

SAR sent 13/11 so 23/11 is D day

Postal order cashed 20/11

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Sorry, been offline for a couple of days as phone cut off!

its quite possible that a new agreement was necessary but nothing I can really do at this stage I suppose other than wait for the SAR to arrive.

have written to SCM for CCA just to try and stall for a bit. Don't know if it will make any diff. at this late stage in the game but I figure a few letters back and forth can't do any harm :)

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Ok, so today I received a letter from Lloyds re SAR.

They say my letter has been passed to them from Data Subject Access request team in Scottish Widows ????????????????

asking me for another £10 as Scottish Widows have used my original payment for SAR to them.

I didn't send SAR to SW, I sent it to Lloyds, letter was addressed to lloyds and postal order was made payable to Lloyds

I'm fuming :mad2:

do you think this is a delay tactic ? I'm penning a stern letter of response

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anyone got any thoughts on the above ?

This is the letter I'm just about to send:-

 

Today I have received your letter regarding my request for information under the Data Protection Act 1998.

 

• My request was to Lloyds TSB Bank Plc, and not Scottish Widows.

• My payment of £10 was a crossed postal order made payable to Lloyds TSB.

• The security of a crossed postal order is that it can only be paid into the payee’s bank account.

• This postal order was cashed on 20th September 2011.

• I have not requested any information from Scottish Widows.

• I have confirmation that my recorded delivery letter of 31st August reached your offices on or around 15th September 2011.

• The Data Protection Act 1998 allows 40 days from the date you received my payment.

• The 40 days will expire on or around 25th October 2011.

 

For your clarification, I enclose a copy of my original request.

 

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That sums it up accurately and hopefully they will now get their fingers out and provide the information requested.

 

Scottish Widows.. that is Insurance isnt it ?

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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As part of the Lloyds Banking Group, Scottish Widows is proud to be an Official Provider of the London 2012 Olympic and Paralympic Games. Scottish Widows plc. Registered in Scotland No.199549. Registered Office in the UK at 69 Morrison Street, Edinburgh EH3 8YF. Tel: 0131 655 6000. Scottish Widows plc is a member of the Scottish Widows and Lloyds TSB Marketing Group, members of which carry on the business and services associated with life assurance, pensions and investments. Scottish Widows plc acts as the processing and paying agent for Scottish Widows Annuities Ltd. Scottish Widows plc is authorised and regulated by the Financial Services Authority (FSA Reg.No. 191517).

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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ah... I do remember that Lloyds sold me life assurance a few years ago so that must be the connection.

however, I still think its a fob off as I didn't write to SW's, I wrote to Lloyds.

Thanks Citizen :)

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I would agree with you, I am still puzzling how they can pass on the postal order which when crossed, is actually treated like a cheque and cant be cashed by a third party!!

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

just noticed the dates above, should read 23/10 as D day duh!

anyway, update

I haven't had a reply from my last letter sent to Lloyds.

I also wrote to SCM and haven't had a reply from them either.

I have however received a letter from the court saying bailiff will be arriving shortly to assess which goods are to be removed.....

I think I can deal with the bailiff but just about to send another letter to lloyds pointing out non compliance of SAR.

:-( having a low day, hate living like this

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  • 8 months later...

First a quick update -

Finally got SAR paperwork in April 2012, originally requested in August last year! and as expected it was incomplete so" failed" letter duly sent.

I got statements for CC only going back to 2000 (with a few missing)

I also received a copy of original CCA showing PPI had been selected by them, not me - even though they knew I was self employed.

So claim sent with spreadsheet and questionaire.

I was a bit confused as to which spready to use so I did all 3 ; CISheet v101, FosCISheet v101(1) and FosRunningPPI v101 (1)

as expected all 3 came out with different figures so thought I would be cheeky and send my highest calculation and let them prove me wrong.

 

Fast forward, today I have received an offer lower than even my lowest calculation. I honestly don't know if I've got it wrong or they're still cheating me.

Any advice on how I can check this before I continue any further

Also, can I accept their offer as part payment and continue to fight if necessary as I am in true hardship ? btw, I don't have to sign anything to accept, they say they are just going to send me payment within 28 days.

And is there anything I can do re the CCJ for this?

Thanks in advance

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ooer, I dont know - I will flag your post for one of the PPI guys :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi

 

Dropping in as requested by CB to look at the PPI bit.

 

You say you have statements going back to 2000....is that the start of the account?

 

Are they actually copy statements or is is a transaction history?

 

How many months statements are missing?

 

When was the account terminated?

 

ims

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Looks like they are holding off on the CCJ due to the PPI complaint, that can be dealt with as a separate issue though.Dealing with the AoE may be more prominent and realistic than even considering to set a side the CCJ.

 

http://www.legislation.gov.uk/ukpga/1971/32 see sections 9 &10

 

Application to Vary an Attachment of Earnings (N244) If you find that you can't afford to keep up with the installments because of a change in your circumstances, you can apply to 'vary' the order. This will involve filling in the above Application Notice giving details of your new circumstances, which the court will use to decide whether to change or even suspend the previously granted attachment of earnings.

 

Regards

 

Andy

We could do with some help from you.

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Thanks guys :)

 

ims -

account started 03/1999

statements sent 01/2000 so 10 months missing from start and then 3 or 4 missing at different intervals so not hard to estimate.

Jan 2009 statement shows account charged off

last payment made was feb 2009 and no statements from that day onwards. ( and btw, my offer of marriage still stands from one of my many other threads :lol:)

 

Andy - yes I'm sure you're right, hardly any action been taken re ccj since I requested my SAR, only 1 DCA trying to collect but I dealt with them swiftly. Interestingly, amongst my sar info was a note from the court to LSTB saying I was no longer at current address ! not sure where that came from. anyway I think this issue can wait for now as PPI claim is my priority :???:

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Thanks guys :)

 

ims -

account started 03/1999

statements sent 01/2000 so 10 months missing from start and then 3 or 4 missing at different intervals so not hard to estimate.

Jan 2009 statement shows account charged off

last payment made was feb 2009 and no statements from that day onwards. ( and btw, my offer of marriage still stands from one of my many other threads :lol:)

 

 

I'm blushing again!

 

Ok so your best bet would be to use the fosCIsheet. Use the rate they were charging you on the card (or the average of it changed) and set the "Claim To" date as being Jan 2009 when the account was charged off. That is when they would have stopped charging you interest on the account.

 

Take that resultant figure and pop it into this statutory interest calculator. There will just be a one line entry in this...the date of charge should be the date of charge off in 2009 and the claim to date should be the date of settlement of the claim. the amount is the full amount as calculated by the fosCIsheet.

 

What does the statutory interest sheet then show as its total and is it close to the figure offered by them?

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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ooops

 

Here it is

 

 

StatIntSheet v101.xls

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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