LTSB credit card sold to Marlin

[car2403]

Unfortunately, they could, as you aren't maintaining the payments agreed to under the original agreements.

 

Once you've made 6 monthly reduced payments, they should look at the possibility of rescheduling the original agreement to the monthly repayment amounts - which would mean a new agreement with those same payment terms.

 

Creditors aren't obligated to accept reduced payments and they will report your status against the original agreement.

[lewis94]

Even if I have a letter from them accepting a reduced payment on the account and agreeing to stop all interest and charges?

[car2403]

Yes, because you're still in breach of the original agreement to repay full payments on time. It's a rubbish system, but other creditors are interested in whether you can maintain agreed payments against credit taken and this creditor will report those details to the CRA's around that.

[The Mould]

Even if I have a letter from them accepting a reduced payment on the account and agreeing to stop all interest and charges?

 

Good afternoon lewis

 

Can you scan in and post up the agreement relating to the reduced payment please, in the mean time, have a thorough read up on Promissory Estopple as I think this Doctrine applies to your circumstances (based upon what you have reported here).

 

Kind regards

 

The Mould

[car2403]

Good afternoon lewis

 

Can you scan in and post up the agreement relating to the reduced payment please, in the mean time, have a thorough read up on Promissory Estopple as I think this Doctrine applies to your circumstances (based upon what you have reported here).

 

Kind regards

 

The Mould

 

Based on... ?

[The Mould]

Based upon the op's first posting here and the Doctrine of Promissory Estopple, I have already said that car. I have also asked if lewis would post up the agreement (temporary one agreed by Lloyds), when he posts that up, the matter should become clearer based upon the terms of said agreement.

 

The Mould

[car2403]

Based upon the op's first posting here and the Doctrine of Promissory Estopple, I have already said that car. I have also asked if lewis would post up the agreement (temporary one agreed by Lloyds), when he posts that up, the matter should become clearer based upon the terms of said agreement.

 

The Mould

 

The terms have nothing to do with PE, so I'm wondering what it is in the first post that has brought that subject up, though, TM? I'm asking because I don't understand how it's relevant here, exactly? Do you mean that they've promised not to take action, but are?

[intend]

Subbing - In same situation as OP but further down line - passed to CDR and then Moorcrap even though in agreed repayment plan - I complained to LTSB and got a small financial reward for troubles.

 

Intend

[lewis94]

LTSB stated on letters and in recorded phone calls,

which I have copies of,

that I was to ignore the threatening letters and default notices being sent as I was on an agreed DMP until August 2011.

 

 

I ignored them and even had it confirmed by MHA that they would not pursue as it was shown on was on an agreed plan.

LTSB then carried on and started adding arrears notices on my credit file.

This is my disagreement on the account.

 

I complained to LTSB and they said they couldnt understand why.

I then complained to the FOS and guess what they sided with LTSB and said I was in the wrong

- even though I have maintained my agreed payments.

I have complained again to the FOS that they are not correctly listening to my complaint.

 

I have sent copies of the formal DMP agreement from LTSB to Equifax and they have currently removed the account from my records.

 

The account has been in dispute since March 2011 but they are still updating the CRA file.

 

I now have threatening letters from MHA but LTSB have still not satisfied my SAR nor supplied me with a true copy of my credit card agreement.

 

I am at my whits end with this so any advice would be welcome. I have kept up all my payments and even increased them when I can.

[citizenB]

LTSB are not obliged to send you a copy of the agreement in response to a Subject Access Request as it is covered under different legislation.. ie CCA1974 request.

 

If there is anything else that LTSB have failed to provide, then you can make a complaint to the Information Commissioner .

 

If LTSB have issued a default notice then they are very likely going to update your credit records in respect of the lower payments. It is my understanding that they shoud actually state that payments are being made by way of a DMP.

 

Sadly, the Financial ombudsman will side with the Bank in matters such as this

[lewis94]

If LTSB have issued a default notice then they are very likely going to update your credit records in respect of the lower payments. I

 

The thing is LTSB cannot issue a default notice nor notify the credit reference agencies unless it can prove it has a signed credit card agreement and they are not producing this. Equifax have now removed the account from my records because they have not answered within 21days nor have they been able to prove that they have permission to report the issues they keep saying are taking place.

[citizenB]

The thing is LTSB cannot issue a default notice nor notify the credit reference agencies unless it can prove it has a signed credit card agreement and they are not producing this. Equifax have now removed the account from my records because they have not answered within 21days nor have they been able to prove that they have permission to report the issues they keep saying are taking place.

 

I am pleased that the CRA has removed the entries from your record. However, the ICO will advise that if the Creditor can prove by way of other means eg statements.. that an agreement had been entered into, then they (the creditor) is entitled to record

[lewis94]

After a long running battle with HSBC over PPI reclaim on a loan the FOS have upheld my complaint.

 

The bank wrote to me with an offer of £x plus 8% interest. I dare not put too much detail on here as the bank clerk on the phone stated that he was aware foolish people are using such forums to get an answer and they are often wrong - spelling out if I do not accept what they offer within 6 weeks then I get nothing.

 

I know there are a number of calculators out there but I am confused.

 

If my PPI was £63 and I paid 36months of payments I know I am entitled to the cost plus 8% but I have been told I can claim back interest on each PPI repayment. The loan was 11.9% per annum.

 

Can I claim for anything from the date of my original complaint which was July 2010?

 

Any help please.

[ims21]

Hi

 

Have a read of No.1 in my signature and use the spreadsheet at the end to calculate the amount you should be due back.

 

ims

[lewis94]

I have a debt with LTSB credit card.

 

I sent a CCA and SAR to them back in March 2011,

of which they were unable to supply me with a signed copy of the CCA

and suggested that by me using the card I accepted the T&C's

- I disputed this many, many times and challenged them to take it further which they did not.

 

During the communications during this time I entered into a debt management plan with them

at an agreed price per month and have been paying this for over 3 years now.

 

Over the last 2 years I have only had 3 statements from them.

The last correspondence was in September 2013 saying that they would cancel my DMP

as I needed to increase the payments.

 

I again challenged this and reverted back to my agreed DMP.

I have never missed a payment.

 

In February 2014 Marlin contacted me to say they now controlled the debt

and that I was to start paying them, and with more money, otherwise they would take me to court.

 

I sent a reply letter asking for copies of notice of assignment, copies of statements etc

and had a generic letter back saying they had the right of ownership of the debt

and to please pay more or go to court.

I have not paid anymore, nor changed to paying them but have maintained payment to LTSB.

 

Today I have been alerted that Marlin have entered a Credit Card Agreement to my Equifax account showing a start date of 07/05/2004,

which was the original LTSB start date, a different account number and a default date of 15/09/2011.

This does not correspond with the date of default on the original LTSB account which was March 2013

 

As far as I am aware LTSB have never fulfilled my original SAR and CCA by supplying the necessary information

and they have not communicated with me during this time.

 

I have had no copies of transfer of the alleged debt nor any communication in respect of what I owe etc.

 

I have worked hard to repair my credit report and settle debts with the amount of money I can afford

and now this is being undone by the entry Marlin have now added on my account.

 

Would my best position be to ask Marlin for a true signed copy of the alleged credit card

I hold with them that they have identified on my Equifax report?

 

Should I send both CCA's and SAR's to both LTSB and Marlin?

 

Any advice would be appreciated.

[dx100uk]

a CCA request goes to whom is after money

 

and sar only ever goes to the Original Creditor.

 

dx

[BRIGADIER2JCS]

Some details please:

 

 

When was the last payment and/or written acknowledgment of this debt?

You say in Feb. 14 Marlin contacted you was this in writing? If so this was the "notice of assignment"

Did you make a proper CCA request to Marlin enclosing the required statutory fee of £1.00?

As dx has said SAR to Lloyds CCA to Marlin.

[lewis94]

Some details please:

 

 

When was the last payment and/or written acknowledgment of this debt?

I have never acknowledged the debt and have been paying monthly the last being 1st April

 

You say in Feb. 14 Marlin contacted you was this in writing? If so this was the "notice of assignment"

No they wrote saying they now own the debt and to pay them or they will take me to court.

I wrote asking for a copy of the assignment and they have not provided me with one.

 

Did you make a proper CCA request to Marlin enclosing the required statutory fee of £1.00? I havent made a CCA yet to Marlin but will do now

 

As dx has said SAR to Lloyds CCA to Marlin.

Noted

[BRIGADIER2JCS]

1. Payment is acknowledgment.

2.The letter received from Marlin Is the NOA.

3. You are not entitled to a copy or sight of the deed of assignment, this is the confidential contract between the creditor and the debt purchaser, a court may order production but all you would see is a heavily redacted document.

 

 

Get the CCA done there is a template in the CAG Library to use, £1 stat fee, use cheque or postal order marked " for statutory fee only" get proof of posting. Marlin have 12 + 2 Working days to comply.

[citizenB]

So the payment arrangement was between you and the original creditor ? If the debt was assigned whilst there was already a payment arrangement in place, and you continued to make those payments, then I think they might have a hard time issuing a claim and saying you are refusing to pay ?

[lewis94]

So the payment arrangement was between you and the original creditor ? If the debt was assigned whilst there was already a payment arrangement in place, and you continued to make those payments, then I think they might have a hard time issuing a claim and saying you are refusing to pay ?

 

 

Yes the payment plan is still in place with the original creditor and I am still paying.

[BRIGADIER2JCS]

There is of course no communication as such between Marlin & Lloyds now.

 

 

I would carry on paying and wait for the CCA result.