marlin/Reston claimform - dads lloyds credit card 'debt'

[NGEddie]

Hello people of CAG!

 

A few months back we had a conversation with the bank about not being able to make the monthly payments on the credit card.

 

We were told by someone there they would freeze the interest and suggested a very affordable amount to pay over a year, for the last 3 months we have been doing this.

 

Each time we recieved the statment with sure enough no interest being added, although it did keep saying the much higher amount due, to which i called and was told we will recieve a call from their consumer debt recovery department to confirm it.

 

I must admit I felt a little uncomfortable with not having it in writing so kept each persons name.

 

Then today we recieved a default notice, grrrrrrrrrrr, typed 11th December to pay arrears by 29th, so think they have allowed the correct time? not sure if Christmas is taken into account, ho ho ho!

 

I called and spoke to the most useless people you could imagine, last of which was THE manager, bascially said we were advised incorrectly and its tough, but, and this made me feel better, they will coach the staff , she suggested a plan, to which I thought was ok, £39 a month, until she said it would have £19 of interest added every month, ffs! After an hour I realised I was getting no where and was told they wouldnt refund the call.

 

I then called their MHA collections department, as she said thats who the account would be passed to next if we dont pay the arrears by the 29th, actually she told me this is debt recovery but it wasnt. grrrr.

The lad there was actualluy quite helpful, he told me if we dont pay it they will be given the account at the end of the month, to which they cannot freeze the interest either so advised me to keep paying the £23 we are at the month as a token, after them having it for three months it will finally get given to Consumer Debt Recovery, who he believes will be able to free interest and agree a plan.

 

Now I am loathed to take advice from them, so thought I would ask you guys what we are best to do, any thoughts please?

 

Am I correct in thinking, this CDR department will actually be ok to deal with or will they be trying to slap a CCJ on straight away? I was actually hoping they are the ones who would agree a plan, then call after 6 months or so to offer a full and final payment?

 

Just when you thought you could go back into the water

 

Cheers

 

E

[palomino]

Sadly you are the victim of the typical bank [problem] - agreeing something in a telephone call and then denying that that was agreed or even that the call took place.

 

Hindsight is a wonderful thing, but buy yourself a Truecall unit and record everything. When you install it make doubly sure that you can play back any calls you record. It is highly probable that you will need to.

[spamheed]

You will need to clarify a couple of things to assist.

 

When did you take out the credit card?

What is the current balance? (round the figures to stop anyone working out your identity)

Have you made any CCA requests or the like?

Do you have any other creditors?

 

Don't worry too much about CCJ's and the like, they will have to take you to court and this costs them moeny, and at this point a judge will assess what you can reasonably afford and order a repayment plan on this basis. The bank will have no input into this process at all.

 

So that's the very worst case scenario for you.

 

Now then. Stop phoning them, they tell lies and attempt to confuse you(which you have seen for yourself) so remove this weapon from them by not phoning them. if they phone you, simply insist "In writing only" and then hang up, or refuse to go through the security questions and insist that they put everything in writing.

[NGEddie]

Great minds think alike

 

Yes I suddenly thought to myself that this card was indeed taken out some years back, and I am confident there is a good chance it was before 2006, which I believe is key?

 

Currently balance is 4k give or take.

 

Yes we were actually thinking of writing a letter to say we are continuing to pay the amount agreed in October by xxxx as this advised it would be for a year, but im not sure if that would just rattle their cage as it doesnt really hold any weight.

 

So I guess now I need to make one of these CCA requests, can anyone point me in the right direction please?

 

Ideally what we would want to see if an unsigned? or lack of contract altogether.

 

Yes we do have a more pressing debt of a higher amount that has actually gone to CCJ which we are defending thanks to some help from CAGers.

 

Thanks!

 

E

 

Ok think ive found the letter

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

how many days to they have to send it back to you though?

[spamheed]

Send the CCA letter, this is a legal request for documentation, they should furnish you with a true copy of the agreement within 12 days. I wouldn't worry too much about what happens if they don't do this in time, needless to say when they fail, you would be within your rights to withold payment until they do.

 

Make sure that all correspondence is sent recorded (registered is better) and obtain proof of posting and delivery.

 

as you say, no signatures of any kind and post any responses up on here for comments.

 

You will find that their arrogance suddenly departs

[NGEddie]

Ok great thanks, will get that off.

 

I called them again tonight, only to request in writing the propsed plan from yesterday........no notes, unbelievable, so after 20 more wasted minutes and being told wait 2 days, why?! cretins, i thought id leave it there.

 

How bad it is if the default notice is not met by 29th? I am tempted to scrape together the money to clear the arrears as someone will lend us it, but we will not be able to meet the full monthly payments, so i guess in a few months the same thing will happen and will be back to another default notice, if thats how it works?

 

Bump, any more for anymore?!

 

I just had another thought on this, as I said I am sure it was taken out prior to 2006, and it did have a PPI on it which was paid monthly, so anoyyed with myself that in a panic to reduce outgoings I advised to cancel it, as it would have paid out for the ilness

 

What is the situation with these exactly in terms of being misold etc... I believe the card may have even been taken out about 1998 you see looking back.

 

Any advice greatly welcomed.

 

Cheers

 

E

 

Sent a letter to them today as didnt want to talk on the phone anymore, just advising all the wrong information we had been given etc.... and to see if a plan could be set up, as the default time has now expired.

 

I am still struglling to find information about credit cardss before 2006 though, there was some bank charges but it seemed different, could anyone point me in the right direction please?

 

Bit of an update on this one, received a solicitors, which I think is actually the bank afterall. As usual threatening court action etc...

 

Called a different number which was advised to, who said due to all the errors they could pass it to their debt recovery department now and freeze interest, who can then agree a year plan etc... my only concern is they could also pass it from there to a DCA and I dont want that to happen really due to horror stories I have read.

I asked about Full and Final and at this stage they want about 80% of it, not 80% taken off! Maybe its too early to get a decent figure.

 

Can someone please help on this asap as need to quickly decide if i want them to pass to their recovery people or not.

 

Is it likley they will stick to what they say and we can pay for some months then hope for a largley reduced full and final?

 

Thanks in advance for any quick reponces!

 

E

 

Anyone pleeeeeease?

 

E

[spamheed]

Firstly, uou need to stop calling them, this is what they want you to do, so that they can attempt to bully you into doing what they want.

 

The way it works is this:

 

You request the CCA

They will send a host of threatening letters to coerce you into making contact, sometimes offering settlement, sometimes making threats (good cop vs bad cop anyone?)

 

Until they have fulfilled your request, they can do NOTHING!!! they have 12 working days to do this

 

and anything they attempt to do (other than fulfill your request) is neither here nor there and after the 12 days they are in default of your lawful request.

 

Until they fulfil your request the account remains in default and they can do NOTHING!!

 

They can do none of the things they tell you over the phone, they won't put them in writing because self incrimination is not normally something they do.

 

You have made your request, so wait for their response, don't call them and don't let them call you......just wait

[NGEddie]

Thanks Spam, I just feel concerned as the other one we have went straight to court and bypassed everything, this has put them in the wrong I know and stands us in good ground, but its the stress and hassle you have to go through that is the bad thing.

 

Also im sure I read on another thread with the same bank they had a payment plan done then got about 65% off F&F offer which would be great.

 

Just back stepping, if we send the CCA and a signed copy comes up, what happens then?

 

I believe it is being passed to a recovery department in the next couple of days, but they said to speak to them, what is a realistic F&F you would hope for on 4k?

 

Thanks

 

E

[NGEddie]

Bump,

 

They called us Friday, bascially stating we could make a F&F offer for them to conisider, or let it go to their Debt Reovery Department, who they claim will set a frozen interest payment plan.

 

I have not as yet sent a CCA, reason being I didnt want to alert them or stir anything up before we try and agree something sensible, obviously I am a novice to all this so if anyone could advise I would appreciate it.

 

My thoughts being if I can buy 6 months plus and then get a low F&F I would be happy and it can be sorted.

 

Thanks

 

E

[NGEddie]

 

Any...body there?!

 

Another side to this I have thought about is the PPi, looking back the figure used to change each month and was shown as a charge on the card statment each month, it was between £30 and even upto £70.

 

As this card has been going for some years, I am thinking if it is incorrect and there is a case, this would possibly equate to the amount currently owed on the card which is about 4k, but I have no idea what I need to look for or do to find out if there is a chance of it being refunded etc... it was 100% taken out before 2006 though.

 

Also my burning question is as the account is soon going to their debt recovery department am I best to send of this CCA or would that alert or antagnise then?

 

Any advise at all welcomed

 

Thanks

 

E

[NGEddie]

Has been all quiet and we are still making the suggested payements, despite an apology letter, which actually states we were not advised the random amount to pay each month

 

Any thoughts on if to do the CCA or leave it and see what they do? I am thinking of it as a bit of a wasps nest!

 

Cheers!

 

E

[NGEddie]

Hi guys!

 

Ok, with this one, its a CC, about just under 4k on it, currently we have been paying a small amount each month as was told to by someone at the place, seeing it as a payment plan, have now been told this all wrong.

 

In brief then...

 

11/12/09 Default written to remidy by 29/10/09 - invalid? can post up if needed

 

12/1/10 Letter from their solicitor saying about possible court action

 

17/3/10 Letter from their collections, think its still the bank, demanding immediate payment.

 

Now, for one I need to check the DN, but the second, which could be a key, my Dad has had this card for yeeeeeeeeeeears, in fact I think the account opened maybe back in 1996 or there abouts, so from what I have read I am hoping they may not have an agreement. I have not done a CCA yet, maybe because it had been quiet and didnt want to inflame the situation, but now I have seen the way creditors act when they see we know what we are doing, maybe I should?

 

The letter says we must call TODAY, in one sense I hoped we would get a reasonable payment plan, let it run 6 months and they will offer full and final, but not sure if this is the right way to play it?

 

Let me know what you think

 

Cheers!

 

E

[vjohn82]

I think we need to see the DN

[middenmess]

In my opinion......

 

posted on a Friday so even if sent first class they haven't allowed 14 clear days to remedy.

[NGEddie]

Cheers MM, I was also thinking of the Bank Holidays etc...

 

Posted the other letters up as well!

[vjohn82]

Is there a page 2 for the DN?

[NGEddie]

Good point

 

I have two here thay could possibly be it

 

One starts General Information, Charges, if our account remains out of order.........zzzzzzzzz

 

The other starts, What we will do if you do not correct your breach? We will refer your account to our solicitors who will claim what you owe through the courts. This will involve......zzzzzzzz

 

I would guess the latter?

[vjohn82]

Errr... should say page 2 of 2 at the bottom. The DN above states page 1 of 2 which is why I am making that assumption

[supasnooper]

Edited - posted info on wrong thread.

Edited March 22, 2010 by supasnooper
Removed incorrect info for this thread.

[banker_rhymes_with]

Hello E!

 

The DN looks defective, Posted on a Friday, so even if they can prove they sent the fella via 1st Class Post, then +2 Working Days makes the Date of Service Tuesday 15th December 2009.

 

Then 14 clear days from there takes us to the 29th December 2009, that being the last of your 14 clear days.

 

However, they want payment by the 29th, which eats into your clear days, so they are stuffed. IOW, it can't be a clear day if they want you to pay on or before it.

 

Cheers,

BRW

[NGEddie]

Hi guys,

 

Just a little update, as I said we had been paying an affordable amount, and they said wait until it hits their debt collection people and they will agree an AFFORDABLE payment plan to stick to....

 

We now have a letter from them, which asks for a payment, four times the amount we have been paying, which is also about £25 more than the payment should have been as per the montly statments!

 

Now, with our knowledge as per above of the DN being deffective, and in hoping this being taken out probably in the early 90's, I believe there could be a chance there is no agreement even, also, it had PPI on it for many years too.

 

Could someone please point me in the right direction to go from here?! as I have not really looked into this side of things before!

 

I guess I need to call them and point out what a stupid sum they have asked for, oh and also it stated just for 6 months, what happens then!

 

Cheers

 

E

[NGEddie]

Hi guys,

 

Just a little update, as I said we had been paying an affordable amount, and they said wait until it hits their debt collection people and they will agree an AFFORDABLE payment plan to stick to....

 

We now have a letter from them, which asks for a payment, four times the amount we have been paying, which is also about £25 more than the payment should have been as per the montly statments!

 

Now, with our knowledge as per above of the DN being deffective, and in hoping this being taken out probably in the early 90's, I believe there could be a chance there is no agreement even, also, it had PPI on it for many years too.

 

Could someone please point me in the right direction to go from here?! as I have not really looked into this side of things before!

 

I guess I need to call them and point out what a stupid sum they have asked for, oh and also it stated just for 6 months, what happens then!

 

Cheers

 

E

 

Found a load of statements this morning, dating back to 2000! also a letter from the PPI people and booklet telling you how it works etc.... it was taken montly at 75p for every £100 borrowed, so what should I do now, am guessing would need to see if they can produce a copy of an agreement, and also something to do with misold PPI?

 

Cheers

 

E

[NGEddie]

Hi all!

 

Hope everyone is good, not been on here for a while but forums look busy as ever"

 

Sometime back in 2009/10 we had about 2.5k on a card, after lots of messing about with showing income and outgoings we got a payment plan agreed with this bank.

 

Started off paying on slips and taking into branch, then issued a book with an account, or rather debt number so we carried on paying.

 

We had a letter confirming the plan to start with, and believe there was a mention of 6 months and then to be reviewed, interest was frozen etc...

 

It suddenly dawned on me tonight that we have heard nothing since, now I am sure in one of my other threads someone mentioning that we are supposed to be sent a statement of account or alike once a year?

 

Could there be something here?! I keep thinking about writing for a Full and Final Settlement as believe you can usually do this once a plan has been going a while, by my guess its about 2k or there abouts by now.

 

As always, any advice or comments much appreciated

 

also appologies if this is in the wrong place but couldnt find anywhere else and most of mine had been in here, so please feel free top move mods

 

Cheers

 

E

[brokebutnotbeatn]

You can SAR them (£10; letter in green library link at the top) to see what you now owe and whether there are any unlawful charges you can claim back. they shuld send you a statment of account annually but rarely do. Or you could write and point out you havn't received an annual statment of account so ask them to send you one showing all activity since you last had one.

[NGEddie]

Thanks for the info broke, I was kinda hoping by not sending the statement they may have broken the terms and I could have a go at something there. Maybe need to do some more reading into this one!