Lloyds Credit Card

[MrPond]

Hi All,

 

I need some help with my Lloyds Credit Card,

 

I took the card out on 31.10.03 and

got into trouble with it around 2007 along with my Lloyds bank account.

 

I carried on making small payments until 11.1.2009.

 

This has now been passed on to Lowell who are now chasing me.

 

I have sent them a CCA and

 

now have statements and a signed credit agreement (separate page), terms and conditions

and a copy of a loan protection agreement.

I was self employed at the time.

 

Would be very grateful for some help.

 

thanks

 

MrPond

[ims21]

Hi and welcome to CAG.

 

You haven't said what you want help with?

 

You mention that there is a possibility of protection insurance...is that what you want help with?

[MrPond]

Hi Ims21,

 

 

Thanks for the quick response, Lowell have given me 14 days to pay and theirs no chance of that, Would the debt be enforceable in court? Just wanted to know the best route to take with this.

[ims21]

OK Lowell will have bought the debt from Lloyds and provided that the paperwork they sent you is on order are entitled to chase for the money.

 

You hint that there may well be PPI on the account. If that is the case and you are self employed you might like to get a PPI reclaim going which will mitigate the amount due.

 

Do you have all of the statements of account? If not send a Subject Access Request (SAR) to the lender to get all of the data on the account. There is a template for SAR in the CAG library, the link to which is at the top of every CAG page in green. There is a fee of £10 and they will have 40 days to comply.

 

You may have some unlawful penalties on the account which you can also claim back together with the associated interest.

 

Is this your only debt? If not can you tell us about any others?

 

Is there any form of dispute on the account?

 

How much is the debt?

 

From what we know at the moment, if they have complied with the CCA request then yes they could go to court. In addition you should be aware that Lowell could issue a Statutory Demand which is a precursor to bankruptcy proceedings.

 

Have you established that the documents you received as a result of the CCA request are compliant?

[MrPond]

I have screen captures of statements and these show some figures and abbreviation's by the side and doesn't make much sense. I also have a Lloyds current account with a overdraft and the overdraft limit was £900 now stands at £2300 and lowell are chasing me for that as well. I missed a few DD and the started getting hit by charges and could not recover.

 

 

Their is loan protection on the card as well.

 

 

Is it true that if a signed credit card agreement does not have the terms & conditions on the same page its unenforceable?

[ims21]

Are these screen captures something that they have sent you or something you have downloaded online?

 

With a SAR you should get data for which, if they have used abbreviations, they must supply a sheet which explains the abbreviations.

 

If there are charges for late payment and being over your card limit then they should be reclaimed, as should the PPI if you are and were self employed.

 

There are prescribed terms which should be on the agreement but other T&Cs can be on a different page or even a booklet.

 

If it were me I would SAR the lender to get as much information on these accounts that you possibly can and start looking at a PPI reclaim. Going back to 2003 it could amount to quite a bit depending on how the card was used.

[MrPond]

Thanks for the help ims21,

 

 

I've just received this paper work today so its quite a lot to take in but looking at the screen captures they have sent me its starting to come back to me. This agreement I now have is for a consolidation load and my credit card was moved over to the loan in 2003. sorry to mess you around.

 

 

Thinks its best if I send off for a SAR tomorrow

 

 

I had a credit card before 2003 do you think I could claim back anything that far back?

 

 

thanks

[ims21]

You can if you can get hold of base data going that far back.

 

However you may find that you will need to issue in court to go back that far as the other side are likely to argue that they are statute barred and you would need to counter argue on that point.

[dx100uk]

as a side issue

i'd get a copy of your cra file [see my sigs]

 

its not clear if the debts have been sold to lowells

but I must admit, its unusual for lowlife themselves to just chase debts they don't own.

 

so somewhere along the line

you should have received Notice of assignment letters for the debt they are after?

 

its also quite a good indicator to that if they have been sold

theres something up with the debts

 

this would tally with your detection of PPI & PENALTY charges.

 

looks like if you can prove all this & the consolidation loan details...

you could be in for a rather large windfall here.

 

whilst you ae looking for paperwork

keep your eye open for default notices under section 87 of the CCA

 

those dates could be useful.

 

dx