Llyods debt and cca

[linz21]

Hi All,

 

I was hoping to get some advice on my issue so i will try and explain things.

 

I had a student account when i was at university with a overdraft,

the account defaulted in 2008 and the debt was sold in 2010

 

 

debt collection agency applied for ccj in 2014 which they were granted.

I did not receieve any of the court papers so i did not defend the case,

i found out when i got a letter from the courts stating i have a ccj recorded against me.

 

I have arranged a paymeny plan,

on several occassions in the last two years i have missed payments

and the debt collection have taken me back to court and added more fees.

 

A few years (2013) i requested a subject access request from Llyods,

this was to reclaim charges but i did not go through with it.

In regards to the CCA this is what llyods wrote in the letter:

 

"Unfortunately we have not yet been able to locate a copy of your 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 take this matter further we are confident in our ability to be able to prove this.

 

Copies of assignment, default and enforcement notices are not saved by customer name

so we are unable to provide copies under a data subject access request"

 

From what i have read on the forum no cca means the debt collection had no right to enforce the debt?

I am not sure if they are reffering to just the credit card that i had or both the credit card and bank account.

 

I dont want to get my hopes up but hopefully i have way out of the ccj.

[dx100uk]

cca doesn't apply to a bank account sadly

I take it you had moved since taking out the account

and the dca quite legally filed everything to your last known address?

 

 

and the people you pay are called?

 

 

dx

[martin2006]

How did the court get the ccj notification to your address but none of the paperwork pre judgement?

 

You will need good reason for a set aside, i doubt that not receiving the paperwork will be enough.

 

You may have grounds with the no cca route but you must first send lloyds a cca request for the account which has the ccj,

assuming this wasnt the bank account as you cant cca for that.

 

 

If they cannot produce one within 12+2 days this may give you grounds for a set aside,

you could also add the paperwork issue to that

[linz21]

Hi,

 

Ah that is a shame i had my hopes up

 

No i am still living at the same address i have since 2001. Had i known about the court papers i would have come straight on to this site for advice, i have been using consumer forums for years, excellent site and very helpfull.

 

The people i pay are called restons solicitors

[linz21]

The CCJ is against the bank account. I have no idea why i did not receive the paperwork, but u have accepted things now so if there is a way out then of course i would do what i can.

[dx100uk]

how old is the CCJ?

and ofcourse you say you've been back to court since too?

so I don't really think you can now, if you have as above,

then say to the judge you didn't get the org CCJ

you could have asked that at the later hearings?

 

 

story doesn't sound 100% correct at present mind...

 

 

dx

[martin2006]

You are unlikely to get a set aside just on the "no paperwork received" alone im afraid, especially as the notice of judgment arrived no problem.

 

The court would have sent the original claim form so trying to assert that it never arrived but the judgement did would be very difficult

[linz21]

The CCJ is almost 2 years old.

I missed payments because the repayments were more than i could afford,

the dca were quick to report this to the court and i had to fill in a form to reduce the payments,

i did not attend any hearings etc.

 

 

The reason i didnt challenge things at the time is because i didnt know what else to do apart from make payments,

i accepted the fact i had a CCJ against me.

 

I am aware i will not get a set aside based on not receiving the paperwork and that is not why i raised this post,

my query was regarding the CCA which it seems is not valid for bank accounts.

[martin2006]

Maybe then now its time to look at reclaiming those charges under financial hardship

[dx100uk]

check the original claimform or CCJ please

what is the account number

and what does the particulars of claim say?

[linz21]

Hi, how do i get a copy of the particulars of claim?

 

Is it safe to mention my ccj account number on here?

[martin2006]

No, dont post the ccj number, you could ring the courts and ask then to send it