1st Credit Court Claim Form LLoyds credit card ***Settled by Tomlin Order***

[mooshy]

Well how time flies-i never sent ni but received a letter from lloyds tsb saying that they had everything on hold at the mo due to court case ect and would let me know the outcome,

Am i ok just hanging around or should i take it further.

I`m paying off debts at the moment and doing really well so dont have any spare cash really for taking furter action x

[GuidoT]

You should file the N1, get the interest clock ticking and you will be one of the first in the que when it comes to payment.

 

I fear that the test case will not result in an effective judgement for at least a year, so you will have to be patient.

[rh999]

hi mooshy,

 

what do you mean? there's a default on your credit file? or they have sent you a default notice?

 

where are you on your refund with them?

[dx100uk]

well to stop some of the phone calls

register on their website, and change your numbers to '0's, make sure the format is the same, then bye bye no more calls.

i'd also fire off a letter about telephone harrassment .

as for the default, their letters rarely mean they will mark your cra file as already stated.

 

dx

[mooshy]

No i got a copy of my credit file and there is clearly a default registered on it despite me sending the letter template saying how they couldn`t do this as account was in dispute.

[rh999]

mooshy,

has your case gone to court on the refund side?

 

also when did you open this account?

 

do a CCA request to see if they have it. if no CCA then they will be hard pressed to convince any court the "debt" is enforcable.

[mooshy]

Hi

Opened account 30 years ago.

Now being chased by debt collector for 1400.00 massive amount of which was charges but haven't pursued it since the banks won in court . ? about to offer payment to prevent a ccj ?

[mooshy]

I never got anywhere with this and the courts ruled in favour of the banks if I remember rightly.

 

lloyd issued me with a default in feb 2008 despite the account being in arrears .

 

Could I potentially get this removed and would I still stand any chance of reclaiming these charges.

 

I regularly get letters from a DCA called DLC and am thinking maybe the account is coming up to being SB

and maybe even if not I could claim something back or get the default removed ? X

[mooshy]

Recap

Aug 2006 started this thread as being charged stupid amounts monthly on current acc od fees.

Jumped ship to Natwest.

Tried to claim charges and got a goodwill payment 2007 for about half.

Debt (all od charges ) handed to DCA from Lloyds .

Reg get letter from same DCA now.

Owe about 1200.

Lloyds registered a default against me in Feb 2008 despite the account being in dispute and me sending a letter stating such.

My qustions if anyone can help are .

1) If i offer the DCA a F and F settlement figure and ask to have the default removed am i likely to get my requestbearng in mind the account WAS in dispute when they landed me with it.

2) I have paid nothing into this account for a long time and it MUST be coming up to 6 years as this very thread was started in Aug 2006-what if anything does this mean ?

many thanks everyone

Oh and are people actually still getting bank charges back or was it all over when the banks won.

TIA x

[mooshy]

in April 2006 I started a claim against lloyds for unfair bank charges .

 

During the following 2 years or so they made a couple of goodwill payments but it never went to court and I didn't continue when the banks won the rest case.

 

it was my main account as in £1400 in arrears since then. debt is now with DCA .

 

DCA regularly send me letters offering settlement.

 

I mainly want the default removed from my file which was registered in feb 2008 whilst the account was in dispute.

I wrote to them prior to the default telling them that as the account was in dispute it was not acceptable to register a default .

 

I'm trying to clear up my debts this year and before I pay all or part of this off I know haven't paid anything towards the debt

( which was made up entirely of bank charges btw )

since I made the claim and moved bank accounts in April 2006.

 

That means it's 6 years in April but maybe even before.

 

How can I be absolutely certain what date this debt is SB and if I am sure it is can I still go about getting the default removed ?

Should I just pay it ?

can they pursue it if it's SB and what exactly IS SB ?

 

Thanks everyone

[Ganymede]

Hi,

 

Do you know why the default was registered in 2008? It seems odd that it was so long after your default. The default should have been registered a lot sooner so this could be your way to get it removed.

 

Anyway, SB is a defence to a Court Claim. If you check your records and are 100% sure about your dates then you can use SB if a Court claim is issued. You may also want to let the DCA know it is SB as it might make them leave you alone.

 

If a debt is SB it still exists, it just can't be enforced through the Courts. The DCA etc can still chase you but their threats would be pretty hollow.

[dx100uk]

not a legal issue

 

moved to the lloyds forum

 

dx

[dx100uk]

many threads on the same debt merged to show history of advise

 

please keep to ONE thread per debt

 

dx

[dx100uk]

you'll need to sar lloyds to find out the last payment or written ack

 

then from that date ideally it should drop off the cra file.

 

dx

[mooshy]

OMG they must have written the debt off or something. I`ve got my credit file and its saying SETTLED. Amount outstanding 0 ! The only thing showing up is default feb 08 and settled sep 11 ??

[mooshy]

I`m in the lengthy process of sorting out my credit so that we can get a bigger mortgage in about 2 years.

 

I recently attempted stupidly to reclaim PPi on a LLoyds Credit card and it seems i didnt even have t in the 1st place

 

i`m wanting to get the defaut removed which was placed on my file via Lloyds Credit card in dec 2010

so have been reading through all my correspondence to try and apprach it the best way.

 

In the precess i have found this.

1) In my response for PPI claim letter from Lloyds TSB it says

 

Statement of account as at the date of this letter:

The balance of the account was charged off on X/12/2010 and the balance owing as of that date was £1030.

 

2)I found another letter from Lloyds going back to Dec 2010 which says:

 

Statement of account xxxxxxxxx

Closing balance £1030

 

If you do not pay the full amount outstanding we will allocate your payment to the outstanding balance in a specific order which is set out below.

The way in which payments are allocated can make a sig differrence to the amount of interest you pay until the balance is cleared completely.

 

Allocation of payments

Since no interest or charges are being applied to your account your payment will be used to pay off your outstanding balance.

 

Dispute resoultion

If you have a problem with the way your complaint was handled etc----

 

I did make a claim for bank charges way back and had a little back as a gesture of goodwill but never follwed it yp properly.

 

Interesting tho i owed approx £1400 on a lloyd tsb current account which was mostly bank charges

and THAT was just sort of written off by them and marked as satisfied on my file in sep 2011 ?

 

This tho is a credit card and i dont understand what charged off means ?

 

Many thanks for reading

[maroondevo52]

Hi, mooshy.

 

Think 'charged off' means 'sold', hopefully someone else will be able to confirm.

[ims21]

Hi

 

Yes could mean sold on.

 

If the default was issued correctly then it will stay on your file for six years.

[mooshy]

Thanks both.

Who would be the best place /person to contact re settlement and to negotiate removal of the default upon final payment ?

 

I have to try !

 

Would it be the DCA or LLoyds.

 

If Lloyds have sold the debt on they will never be interested will they ?

 

And could i potentially still get a CCJ if i dont get a payment plan or something in place.

 

i keep getting letters from Credit security Limited demanding payment.

 

and saying debt collector will call ?

[ims21]

Check your CRA file to see who owns the debt or your paperwork to see if you have received a "Notice of Assignment"

[mooshy]

CRA is still saying its Lloystsb but they last updated in March 2011 so thats well over a year ago.

No notice of assignment just notice of legal assessment and that my account has been referred to this department ?

[dx100uk]

Quite honstly unless you have ALL the statements

 

i'd SAR lloyds

 

IF you can PROVE that PENALTY charges were the SOLE reason for defaults [markers]

being put on your CRA , then you might get them removed by reclaiming.

 

else you've got a hard job removing them.

dx

[mooshy]

i was in the shower so didnt hear the door but hand posted letter from debt collector

 

re an old lloyds cc .

 

Its 1035.00 and

 

i contacted them several times asking to make an arrangement to pay if they would remove the default.

 

I hate talking on the phone

-could i maybe e mail them or

 

should i call this debt collector he has lefyt his mobile .

 

Everyone seems to be closing in on me at once and im trying very hard on top of working

 

and 4 children to restore my credit rating amd stop being afraid to answer the door .

 

Had Eon yest and Lloyds today why is this happening all at once is it just coincidence ?

[padja]

dont worry about contacting the debt collector he has as much power as the postman. can you give us more details about debts so we can get correct advice. You dont have to speak to these debt collectors and they have no powers whatsoever

[mooshy]

Aw thanks for your reply.

 

Its a lloyds credit card which i defaulted on May 2010.

 

Last payment was June 2010.

 

I did send an SAR as thought i had PPI but it seems not.

 

The debt is i think owned by Wescot

-i`m going to e mail them but i cant afford too much

 

.I do want the debt gone-do you think they would consider Full and Final Settlement but spread over 12 mths ?

 

Ill never get the default removed will i now ?