dlc and lloyds Credit Card Agreement

[new-me2010]

From the letter received today with SAR

 

Please find enclosed all available statements for your credit card number **** All statements prior to January 2000have not been retained by the bank.

 

With regard to your CC we are unable to supply a statement for August 2000 and October 2002 as these are unobtainable on our system. The account was passed to our Credit Operations in September 2008.

 

Unfortunately, we have not yet been able to locate a copy of the signed agreement. We can assure you that before we opened your credit card account we would have required sight of a signed agreement. If you wish to take this matter further please write to our Customer Services.

 

 

This account is with Hillsdens, Should I shake the tree and ask them for a copy? The last payment to that was in Jan 2008, taken from my savings account that I didn't know have money in.

[dx100uk]

sorry who is the bank?

 

 

dx

[new-me2010]

This is the Lloyds sub-forum DX lol

 

Shall I shake the tree with Hillsdens ?

[new-me2010]

Could someone give me a quick lesson on claiming back the charges on a Mastercard please.

 

There isn't any PPI, but there are some late fees, but not every month and even one whole year with none.

[dx100uk]

same process as ppi for a card

enter them into the cisheet at their int rate

 

 

theres a charges letter in the library too.

 

 

dx

[new-me2010]

50% discount letter received from Lucas Credit Services received this morning on behalf of Hillesden.

 

Last payment of £60 was taken from an account I'd forgotten on 15th January 2008 and they Charged off account in August 2008 and did a default.

 

Should I send the CCA letter as Lloyds have stated that they haven't got one?

 

As I'm sorting out the charges on this account what interest rates should I be using ?

[dx100uk]

you use the card purchase rate

 

lucas blimey they are scraping the barrel.

 

that's the next bloke at the next desk in a diff skirt

 

not often they pull that old name out the hat.

 

dx

[new-me2010]

Posted the CCA letter to Lucas last Monday, had a reply by return to say that they are sending the request to Lloyds.

 

Should I wait until the 12 + 2 days before I send anything else ?

[dx100uk]

of course 12+2 Working days

 

dx

[new-me2010]

Today received discount letter with 3 options

 

1 50% discount withing 14 days

2 30% discount in 3 monthly installments

3 Pay fixed monthly installments

 

Last payment to OC was 15th January 2008 as per their statements

[odetter]

They're desperate to offer discounts.

They plainly have no agreement and almost certainly unenforceable.

[new-me2010]

Lloyds have told me there isn't an agreement. I have it in writing.

 

[dx100uk]

then ignore the dca

 

and get those reclaims in

 

 

dx

[new-me2010]

Precis of letter today from DLC

 

Dear NM

 

Account blah blah blah

 

Thank you for letter to Lucas which has been passed to hillesdenT/A DLC

 

They have my £1

 

They are awaiting original agreement from LTSB

 

If not available they will send a recon copy covering c77-79of CCA

 

They draw my attention to McGuffick -v- RBS 2009 the beginning of proceedings is not enforcement. It follows that demanding payment is a step prior to commencement of proceedings and therefore nt considered enforcement.

 

Whilst we may not be ableto enforce the agreement until the documentation is provided Lucas will still hassle.

 

They will update me on developments in 1days.

 

love

Data Controller,

 

 

I will let them continue with this and keep you updated with what arrives.

 

Final payment made was Jan 2008, and defaulted in August 2008

 

- - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - -- - - - - - - - - -- - - - - - -

 

Have finished calculations on fees and will be sending that off tomorrow as will be at Post Office.

 

I am sending 4 sheets. one with 11.?? % interest one with 15.??% which covers the rates of interest as on account. One with cash advance fee interest an final with money advance fee.

 

 

Should I use the preliminary letter before action tweaked to suit me?

[new-me2010]

Should I also send copies of the spreadsheets with the 8% added if I proceeded to court?

[dx100uk]

they can ask for payment yes

but you don't have to give them anything

 

as for the recon

if this is pre apr 2007, they'd better have your sig somewhere on the doc

else no go on a recon.

 

as for the reclaim

 

not sure what you are upto????

 

you only need ONE SPREADSHEET at their purchase rate.[cell d15]

[the claim to date should be the date they stopped interest]

 

you cannot include ANY interest fee of cash advanced fees etc etc

only FIXED sum PENALTY charges

 

for say late/over/letter/phone

 

the will either be £12 or in earlier years £20 £25 etc

but they will be a FIXED reoccurring sum...the PENALTY charge itself.

 

if these charges are outside 6yrs from today

you are going to have a hard job without using the court.

 

IF and when you issue court papers , then you could add 8%

but more commonly you would switch your claim to one of restitution.

giving a greater overall sum .

 

dx

[new-me2010]

At 8.30 this morning had a phone call from Lloyds about the charges reclaim.

 

They rang on my mobile, I'd not put any contact number on the letter.

 

I did go through security as I was intrigued.

 

Was asked outright why I was claiming unlawful charges.

 

I just said everything in writing.

[new-me2010]

Received this yesterday.

 

How should I proceed

[BRIGADIER2JCS]

There is little you can do but wait and see, the information given in the letter is correct.

 

 

If they produce a reconstituted agreement it must comply strictly with the following.

 

 

1. Must have your name and address at the inception of the agreement.

2. The creditors name and address at inception.

3.The Ts&Cs at inception

4. The Ts&Cs at closure of the account.

5. Any amendments to the Ts &Cs during the life of the agreement.

6. Any document mentioned in the Ts & Cs.

7. A current statement of the account.

 

 

If one item fails the agreement does not comply with section 77/78 CCA '74 (as amended).

[new-me2010]

Thank you Brig wise words as usual

 

Well it was taken out in 1999 ......

 

Default date Aug 2008 after last payment in Jan 2008

 

So I will sit and watch my cats one stretched out in the sunshine, and the other trying to catch insects

[new-me2010]

Anothe missive from DLC

 

Dear NM

 

All account details.etc.

 

Further to our previous letter regarding the above account I can corifrm the following

 

we are following up your request for a copy of the original documentation with the original lender. When this becomes available we will forward a copy to you.

 

Should you require anything further at this point please contact me. I will update you on developments in 21 days if there are no developments beforehand.

 

Yours sincerely

 

Squiggle squiggle

 

Data controller

 

Do I continue sitting

Compliance team.

 

 

Do I just continue contemplating the meaning of life?

[dx100uk]

would of thought with all your dealings with fleecers by now

even you can guess our answer....

 

dx

[new-me2010]

DLC Final letter and T&C

 

The CC was taken out in 1999

[dx100uk]

sadly for DLC it does not mean they can enforce the debt.

 

they will need the signed agreement

not a typed recon.

 

dx

[new-me2010]

Many thanks dx

 

 

How should I approach this now?