IND Ltd got CCJ on LLoyds debt NOT OURS with NO PAPERWORK - case held - help!!

[Loopy04]

Hi all.

 

We are at a deadend with a case that has come to light over a credt card debt bought by ind from lloyds.

 

The first we knew of this debt was a letter from hegartty llp saying they were taking us to court.

 

We never had a credit card with lloyds or anyone else ...ever!

 

We disputed the debt but nevertheless tjid was ignored and a ccj applied.

 

We went to court to get the ccj set aside and this was successful

 

however, it hss just started the case all over again.

 

The position we are in at the moment is that the case has been stayed with the court awaiting a date.

 

Ind will not help us in any way.

 

We have built up a defence with statement s from family and employers saying we were not at the places

where the money was spent on those dates.

 

They withheld the statements until we went to court!

 

We have been to lloyds and they say the credit card number never exsisted

but as this dates back to 2005 I am dubious.

 

We asked ind for info on the debt and they never give it to us.

 

I cant afford a solicitor and the police dont want to know as its s civil matter.

 

Lloyds are really helpful and are following fraud procedures to dig deeper.

 

They themselves called ind for advice on how they can help but they were not co operative at all.

 

Ind told Lloyds to open an account in our name and see what pulls through but there was nothing!

 

We had our wallet stolen at the same time of the debt snd lived in a shared house.

We dont know what to do next.

 

Please help!

[BRIGADIER2JCS]

Hi, Who is actually pursuing the alleged debt now please?

Have you tried a Subject Access Request to LLoyds to see if they have any actual data to hand on the account.

 

So is this showing on your credit reference files at present, if you havn't check it would be best to do so.

[dx100uk]

sounds like a clear case of fraud here.

 

IND are renound for blanking just about every thing on court cases

 

i think a CCA request is in order here!

 

if they've got no SIGNED agreement

 

end of court case

 

i'd sue them too for deformation of character too and damages

 

dx

[Loopy04]

Thanks for replying. Ind sent us 2 year of statements from lloyds and the application form that we supposedly completed yet Lloyds have no record of these???? Ind are persuing the debt. They withheld the statements untilwe went to court to set aside the ccj which is when tbey produced them even though we had requested them direct from lloyds we had never received them.

 

The credit card agreement looks like it had been made to look like our handwriting but the signature is not correct. Therefore ind are getting a handwriting expert involved at our cost if we lose! Its all very odd that lloyds cant bring up details of this card unless its because it was taken out in 2005!

[BRIGADIER2JCS]

This sounds highly suspicious to me, where have Ind got the documents from when Lloyds claim thay cannot find them?

Can you clarify how ''the hand writting has been made to look like yours''?

 

Lloyds are required to keep documents for 6 years AFTER an account is closed.

[citizenB]

I cant see the fact that the account was started in 2005 makes any difference. If LTSB have no record of the account number, then quite simply it doesnt exist.

 

However, what is IND playing at. Where do they say the were assigned this account from - obviously if LTSB say the account never existed then why would they assign it to IND ?

 

If LTSB have no record of the agreement that IND have provided - then where did IND get it from ?

[Loopy04]

We don't understand it all either! We didn't receive the statements from lloyds but from ind! Yet the handwriting on the application form ind sent us is very close to my husbands but not quite right like it has been fraud. I can't understand why lloyds can't find the card details unless they are just not looking that far back or once a debt has been sold perhaps the details of the card go?

 

Ind won't give us any information on who they are talking to at lloyds to get their information. The lloyds bank manager called them and he couldn't get any answers either! Doesn't give us much of a case to fight really which I guess is ind's aim! Are ind allowed to withhold this information?

[BRIGADIER2JCS]

SAR to IND may produce some answers id LTSB can provide them.

[Loopy04]

This doesn't show on our credit report either. Is Ind even a ligit company? Lloyds are looking further into the credit card now and if they still can't find anything the manager will write a letter to the courts stating their was no such card. I hope this will help!

[BRIGADIER2JCS]

Ind are as ''legit'' as any debt collector can be.

[havinastella]

You REALLY need to listen to the earlier advise and get the SAR off to Lloyds ASAP.

 

You should also send the CCA to Lloyds.

[Loopy04]

You REALLY need to listen to the earlier advise and get the SAR off to Lloyds ASAP.

 

You should also send the CCA to Lloyds.

 

I am now applying for the SAR but what is a CCA? Thank you for the advice

[BRIGADIER2JCS]

Consumer Credit Agreement (CCA) Request tio thE DCA chasing the debt to require them to provide a copy of the agreement, there is a statutory fee of £1 to pay and the DCA has 12+2 working days to comply.

There is a template in the CAG library for you to use.

[citizenB]

SAR = Subject Access Request - you are entitled for the statutory fee of £10.00, to all data in connection with your financial relationship with the company. They have 40 calendar days to comply.

 

CCA = Consumer Credit Agreement - you are entitled for the statutory fee of £1.00 to either a copy of or truthful reconstruction of the agreement you are alleged to have entered into with the company. You are also entitled to receive with this a copy of the terms and conditions at inception and current or at default and if there were any variations to the t&cs, you are entitled to copies of those. Also a statemet of account which shows the balance outstanding and to identify any default charges. They have 12 wording days + 2 to comply with your request. It is unlikely you will receive a copy of the CCA with the SAR as they are governed by different regulations.

 

Hope this Helps.

[BRIGADIER2JCS]

Sorry CB posts crossed.

[citizenB]

snap !

[dx100uk]

crackle

[BRIGADIER2JCS]

POP!!!

[dx100uk]

cca request

 

 

 

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

.

Dear Sir/Madam

.

Re:- Account/Reference Number 4563210025897412

.

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

.

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

.

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other