Managing own £24K debts after 1 year on a fee paying DMP

[Mezzle]

Link have come back with something re: Lloyds CC Debt.

They have included

• A reproduction with half the contract, and ticks for signatures (see later, the CCA goes into point 21, whereas the one with my "signature" (tick) only goes up to S.10) - this has correct address as of date of CC being opened
• A template with my current address inserted for a CC that doesn't match the terms of the other two provided (though, it was a slightly better interest rate than they gave me)
• A copy of what seems to be the template CCA with my (old) address inserted.

As far as I can see, the last one is "correct" other than the "General Credit Card conditions" not seeming to be included 

I've also had a text message from PRA saying they've put my account on hold for 14 days (probably cause I cancelled all the payments to them)

Link - Lloyds CC redacted-flat-smush.pdf

Edited November 3, 2023 by Mezzle

[Mezzle]

From page 4: this is also a truncated version of the terms

from page 11 - this doesn’t seem to match any of the docs I’ve seen related to this account. Possibly current terms? 
 

from page 30 - I believe these are the correct terms

Based on that, I don’t think they’ve given me the right things, but I think it’s trivial for them to put together the right thing

 re: it not showing ip etc, is this required? I read they don’t need to even show a signature block for a recon?

[Mezzle]

It wouldn’t be hard for them to say it was though, and then it complies? 

[Mezzle]

PRA have now produced a statement for the Lloyds Loan we got the UE+Terms for, and declared it enforcable.  I'll scan up at some point.

Also had a long one from PRA: Re Barclaycard - enclosing letter B/Card to them   Letter from B/C to me in response to CCA, as well as their attachments.

I'll scan it up in full some time tomorrow/the day after, however, they've provided a recon of the credit agreement, and a copy of the terms "as varied in accordance with section 82(1) of the act".

They also state the interest rate, fees, and charges set out in the agreement (with variations) may differ from what they've discussed with me due to the status of my account.

Anything I should be particularly looking out for in these?  About to go have a trawl through some B/C threads.

[Mezzle]

The address was right, but no dates or any kind or indication of agreement online - literally just the terms.

i presume this is compliant with the s78, but not enforceable in court?

 

[Mezzle]

The letter from Barclaycard to PRA says it encloses

• Short form cancellation
• Historic Terms and Conditions
• Varied Terms and coniditions

The 2 Ts & Cs have the correct address, and the header stating it's a "Credit Card agreement regulated by..."  The "short form cancellation" is a single piece of paper with

Quote

"YOUR RIGHT TO CANCEL:
Once you have signed this agreement,
you will have a short time in which you
cancel it. We will send you exact details
of how and when you can do this"

 

Which is pretty pathetic IMHO.

In other news, I now have a FOS investigator on the case re: Lloyds CC affordability, and they've separately decided to open a case re: the loans too.

edit: Sorry I've not scanned these up yet - it's a slow scanner, and I've been dealing with my cat being hospitalised and all the crappy paperwork around that! (£3800 for an MRI!)

 

Edited November 8, 2023 by Mezzle
Fix improper bbcode

[Mezzle]

Oh, I bet, I think I've seen two at least in the three threads I've looked at, but one of them led to an argument in the rest of the thread and the other led to the person ignoring your advice...  

I'm sorry us people asking for help are such a pain at times!

And thankfully, pussy has insurance for the first £4k which renews on Saturday, giving us perfect timing for double the cost!

[Mezzle]

Update:

Things still going. I still haven't gotten around to scanning the PRA docs above, but they seem u/e for now.

Cat has passed away

Lloyds have sent back SAR data - which is a massive document full of random stuff.  I can find in their entries from their system where it says that an automated system sent out default notices (a month after account closure!?) - but I never received any

Letter from Wescot re: Cabot/Fluid this morning saying I've fallen behind on payment plan and need to start paying them again.  Based on advice here, I've previously sent a CCA Request to Cabot who've come back saying it's U/E (25th October).  No mention of U/E on Wescot's letter, like there should be - but I'm guessing that Wescot has no idea I've sent the CCA Request to Cabot and been deemed u/e

Question:  Wescot letter - should I do any/all of the following

• Letter them telling them I'm dealing with Cabot direct
• Letter them telling them debt is u/e and further contact is harassment
• Letter cabot with token F&F offer (I'd be happier with a line drawn under things)

[Mezzle]

Ok, Filed and ignored.

For lloyds, I've 

• Overdraft - Complaint made & Refund bought balance down to £38 - being bought back by Lloyds
• CC - With FOS re: affordability/default date + incorrect reporting to CRA.  Have been provided with enough to satisfy CCA - but not be enforceable in court (based on #49)
• Loan 1 - enforcable based on post #37
• Loan 2 - No response to CCA Request

I was speculating at one point that none of them would be enforceable if Lloyds didn't send me DNs (as I've not received them)

All default dates are Oct 22, when Lloyds sold everything off based on letters from ex DMP company, except for OD - which was changed and has been updated to July 2019

Edited December 2, 2023 by Mezzle

[Mezzle]

All default dates are Oct 22 (in both SAR and Credit file), when Lloyds sold everything off based on letters from ex DMP company, except for OD - which was changed and has been updated to July 2019.  

Lloyds have had complaints re: all accounts for either IRL/Affordability - and have declined all but the overdraft.

CC has been sent to FOS who're looking into it - and this has also raised that the limits reported on my Credit report are being reported incorrectly. If it's changed to accurately report what my limits were/when they were increased - they gave me an increase whilst I was over limit at one point.

I'm still waiting on the letter re: the Loans to come before I can push the Loan complaints to FOS

 

Edited December 2, 2023 by Mezzle

[Mezzle]

Help the old man understand the meaning? I’m bad at emojis, and the custom ones left my brain when I stopped working on forum software!

[Mezzle]

Thanks HB

Just had a response from Cabot/Marbles. 

Seems like a legit recon contract to start with (I will scan this in at some point) - even has the checkboxes, correct address, etc etc. However, the IP on the box is a bogon IP of 10.150.102.120 - Meaning either it's one of their inbound proxies, and they've misconfigured and are logging incorrectly for LOTS of people - or they've faked it.

File and wait for Claim form ? or tell them where to stick it?

[Mezzle]

ok, this bundle was smaller than the one I have yet to scan.  I think I need to get me a better scanner (one with an ADF!)

 

Cabot - Marbles CCA - Flat.pdf

[Mezzle]

It was part of that period of time, yes

Is it enforcable even though the IP listed is incorrectly an internal one?

[Mezzle]

All the defaults for everything hit around the same time - when things got too overwhelming to pay back.

The other way out would be to pay it back, surely ? Just count it as one of the debts on the dmp.

 

 That said, 4 accounts with new day open at once?  

[Mezzle]

here's the one I've been promising for ages from PRA / Barclaycard

PRA - Barclaycard CCA response flat censored.pdf

 

Here's the Cabot/AO response I received yesterday

 looks similar to the one above, so probably enforceable.

 

[Mezzle]

It was ao finance, not Aqua, but yes, I missed that one.  Will put another version up

 aren’t they ok to give me a cut and paste job now? I thought recons were ok?

 Will have a look at that thread now

 

Cabot - CCA Response - AO flat redacted copy.pdf

New version with better redaction

 

[Mezzle]

3 new letters this morning

 

a copy of the Cabot/ao response - a response from PRA with some docs for Lloyds loan, but saying unenforceable.

also a letter from wescots related to old PayPal credit. As far as I know, it’s been sold to Lowell, who I CCAd and have no response, but wescots letter doesn’t mention Lowell, only PayPal. 
 

how do I determine who the actual creditor is? As far as I know based on previous comms, it’s Lowell…

[Mezzle]

I know that. Lowell do, and I thought they’d bought my debt,  yet the letter from Lowell’s say they’re representing PayPal… that’s my confusion

[Mezzle]

Nope - paypal.
Although on some previous correspondence they referred to it as

Quote

Client: Lowell owned PayPal Credit account

Here's the last 2 letters stating it's to paypal.  File & ignore, I know.  Lowell never responded to my CCA - did I get this wrong and should I have CCAd Paypal? (although I feel they're a bit harder to get an address for!)

Wescot - Flatten Redact.pdf

 

And here's the letter from PRA re: Lloyds - seeming unenforcable, but providing what looks to me like an enforcable CCA?

PRA - Lloyds flatten redact.pdf

Edited December 16, 2023 by Mezzle

[Mezzle]

After a flurry of emails today I've had a copy of the report the FOS investigator has sent back to Lloyds. 

They believe that Lloyds should uphold my complaint, refund charges and interest past a certain date, as well as remove adverse information after that date. 

Not sure of figures yet.

Reading the report makes me cringe though - the investigator has pointed out all the bits where I was financially doing bad - payday loans etc  

I'll see what happens re: the Lloyds Loans, but thought I'd share the news  

Edited December 18, 2023 by dx100uk
please dont swear.

[Mezzle]

Update:

Quote

I am getting in contact as Lloyds Bank have now responded to advise that they accept my recommendations.

So, seems that Lloyds have agreed with the above re: the CC.

The Loan case with FOS is still waiting for a handler.

Also apologies dx - didn't realise I'd sworn! Will be more careful

[Mezzle]

Lowell rang me this morning, asking me what I wanted to do with the debt.

Told them I was waiting for them to respond to my section 77 CCA, they said they hadn’t had it.

They want me to send it again (with a covering note to explain they’d already taken My previous payment)

 

should I?