Mr Nunnyrose's Lloyds CC, no CCA***Set A Side***and now Discontinued***

[nunnyrose]

GM firstly a note to say this is a temp. thread as all of my previously started threads are currently lost in cyberspace.

 

Bit of history:-

Credit card first taken out in August 1999.

Hubby always been self employed.

DMP started in 2008

Stopped payments in 2009 and account charged off and has since been passed to several DCA's but I have dealt with them all by CCA requests which none have been able to comply with.

SAR requested in March this year in an attempt to get the CCA and all statements to do PPI claim.

Information received in June.

 

Looking through the mountain of paperwork received it would appear that the account was opened in 1999, but then in 2001, closed and the balance transfered to a new card, which is the account being pursued.

 

So, I have received some, but not al,l statements from original account, and application form/agreement (presume it's the CCA) that has been filled in by bank, PPI selected by bank and clearly stating self employment status so shouldn't be a problem claiming this back.

However, Lloyds still have not supplied a CCA for when the transfer took place, they have so far sent me 3 reconstituted agreements following my CCA request for this account, but what they sent relates to the previous account.

I'm flummoxed ! - and pretty annoyed at their suggestion that I am trying to "write off a legitimately owed debt "

I have written to them several times pointing out that I am not trying to do this, but I am just trying to confirm the amount owed either by me to them or indeed them to me. They just keep sending me duplicate letters.

I might be being pedantic, and perhaps I should just go ahead and send claims for both accounts, but without the CCA for the later account I'm not sure if both accounts are 1 in the same. There is nothing in the SAR paperwork that indicates the closing of 1 account and transfer to new account other than the statements and 2 account numbers. I don't trust Lloyds (or any other bank ) as I have several disputes going on with them at the moment and have learnt that will do anything to avoid admitting responsibility.

I've spent hours and hours going through others' threads trying to find a similar situation but no joy.

Any advice or suggestions as to where I go from here?

[BRIGADIER2JCS]

Hi Are these debts being chased at present ? Do they show on credit files?

PPI payments should show on the monthly statements a regular amount.

[nunnyrose]

Hi Brigadier and thanks for dropping in.

Yes, the debt is still being chased

I would imagine it shows on credit file but haven't checked

PPI does show on statements and I have even gone so far as to work out the claims based on 2 separate accounts. I'm just concerned that it may be that I should treat it as 1 claim.

[BRIGADIER2JCS]

DMP still active?

I'm going to as a colleague more experienced in PPI recaliams to look in when he can.

[nunnyrose]

DMP not active- ditched it when I got active on CAG

[BRIGADIER2JCS]

OK I've aske IMS21 to take a look at your thread.

[MARTIN3030]

Here are some of your threads;

 

 

 

hubby's PPI claim on Lloyds loan - REJECTED

BHS/GE Money/Link Financial/Santander ? SAR‎

Nunnyrose v Egg Card #1‎

Nunnyrose v Egg/Moorcroft‎

[MARTIN3030]

It might be an idea to write to them reminding them of their responsibilities under BCOBS

 

specifically;

 

 

Rule 5.1.1 R states “A firm must provide a service in relation to a retail banking service which is prompt, efficient and fair to a banking customer and which has regard to any communications or financial promotion made by the firm to the banking customer from time to time.”

[ims21]

Yes sadly the glitches following the site upgrade are still there. Hopefully will be sorted soon.

 

If it were me I would put in two questionnaires.

 

In your covering letter tell them that you have done this as a result of their continued efforts to frustrate the process of providing the information you have legitimately requested on more than one occasion.

 

As it is likely that they will try to short change you, makes sure that you get a full and detailed breakdown of any offer they might make, premium by premium. Thay will baulk at letting you have it but you are entitled to the full workings in order that you can make an informed decision as to whether their calculations are correct.

[nunnyrose]

Thanks Brigadier and Martin - none of those threads relate to this, beginning to think I may not have a previous thread for this and quite possibly got this far from previous experience. (I've become a CAG junky)

[nunnyrose]

Thanks Ims, the latest letter I have from them with a reconstituted (regurgitated) CCA says "we will not be entering into any further correspondence with you regarding the provision of copy agreements"

it is a duplicate of a previous letter they sent, which I responded to but they never replied. The only reason this latest letter has arrived is because of DCA trying to chase the debt, and me pointing out the dispute and so the process starts again. I'm going around in circles and achieving nothing.

[ims21]

That's why I said get two claims done, one for each account. If they turn out to be the same then so be it.

 

If they have provided a recon of the agreement for account two then as I understand it they have complied with your S77/78 request.

 

If it were me I would get the claims in.

[nunnyrose]

as always, you are right Ims. I'm pussy footing around as much as them at the moment and the only sure way to find out is through claim process. I'll keep you posted

[nunnyrose]

although just read your post again, they haven't supplied recon for account 2, thats the problem - they keep sending recon for account 1 and saying it's for account 2.

[ims21]

Ok so claims go in.

 

Then you can do a formal letter of complaint as a separate item and as Martin says, remind them of their obligations.

 

That way at least you know that the PPI claims are underway and any other business is being dealt with as a separate item.

[nunnyrose]

excellent, cos I've just spent the afternoon writing a corker letter of complaint. Thanks for all your help

[nunnyrose]

This relates to a previous thread of mine you can find here :-

http://www.consumeractiongroup.co.uk/forum/showthread.php?368108-Mr-Nunnyrose-s-Lloyds-CC-no-CCA

 

In brief this has been on going since 2011,

being passed from DCA to DCA

each time account put into dispute for non compliance of CCA and PPI claim which was rejected.

 

Completely unaware that the account had been assigned to Cabot

- apparently in July 2014 although I received no correspondence from them.

 

On or around 2nd January 15 I received a county court claim issued on 22/12/14 with a hearing date of 14/01/2015 to which I did not respond to

- thought it related to another debt.

 

Judgement by default.

 

 

I then realised it related to the above ongoing battle which has now been resolved,

lloyds have paid out PPI claim and admitted that there was no outstanding balance.

 

This admittance occurred on or around the same time as I received the default judgement.

 

I applied for a set aside on 2nd February as the debt does not exist, and the hearing is on Monday 6th March

 

I have today received Restons witness statement which is utter tosh, and they are claiming costs.

 

Am I supposed to have prepared a witness statement to supply to Restons

other than that which I put in with my set aside application?.

 

Can I claim costs?

 

Thanks in advance kind people

[citizenB]

I will leave a message for andyorch for you.

[citizenB]

BTW, are you sure the hearing is on Monday, March 6th ??? Cos the 6th is tomorrow.. which is Friday !!!

[nunnyrose]

Oops.... 9th March ( I shouldn't let the stress get to me but sometimes it's hard) thanks citizenB

[nunnyrose]

sorry to bump this but as hearing is on Monday I'm getting a little panicked. I'm at a funeral today so only really leaves me this afternoon if I have to get anything to Restons before Monday.

[AndyOrch]

Threads merged....bear with me

 

Andy

[nunnyrose]

Ok Andy, thanks

[nunnyrose]

sorry to be a bother, I'm still struggling with this.

 

have spent most of yesterday afternoon/evening and this morning reading through various threads trying to find answers.

 

I'm very confused as to what this hearing on monday will entail.

 

I have a dread that I should have requested information under CPR31.14 well before now,

but as I only received their witness statement on thursday it hasn't really given me time.

 

My defence is that there is no debt which I can prove and I feel that that's it and all about it.

 

However, because of their witness statement do I have to respond to each and every paragraph in their statement?

 

also, as this is actually my OH account, not mine,

will I be allowed to attend the hearing with him?

I've dealt with this for him from day 1 -

I do the research, dealt with all the previous DCA's, put in his claims etc.

he just puts his mark on the correspondence but doesn't really understand what its all about.

thanks

[AndyOrch]

" On or around 2nd January 15 I received a county court claim issued on 22/12/14 with a hearing date of 14/01/2015 to which I did not respond to

- thought it related to another debt.

 

Judgement by default.

 

 

I then realised it related to the above ongoing battle which has now been resolved,

Lloyds have paid out PPI claim and admitted that there was no outstanding balance.

 

This admittance occurred on or around the same time as I received the default judgement.

 

I applied for a set aside on 2nd February as the debt does not exist, and the hearing is on Monday 6th March

 

I have today received Restons witness statement which is utter tosh, and they are claiming costs.

 

Am I supposed to have prepared a witness statement to supply to Restons

other than that which I put in with my set aside application?.

 

Can I claim costs? "

 

Hi nunny

 

Ok very little information to go on here...I appreciate the claim has been issued and you did not defend...but if you could read and post your responses here to the following

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

This will provide a little background information....also their particulars of claim.

 

If you could also post and redact their Witness Statement...and then I will be up to speed...It may be that you will need to prepare a defence for Monday which ideally should have been submitted with your application to set a side...but we will get around that and have something for you to hand ontime for the hearing on Monday.

 

I assume that no CPR 31.14 was made ....have you ever made a CCA request to the claimant (Cabot)?

 

Regards

 

Andy