Lloyds TSB loan and Aktiv Kapital (Disputed balance enquiry)

[moneyworries]

Hello

I have a debt with Lloyds TSB which has a balance of circa £23k.

 

Believe it or not, this debt started its life as a £26k loan nearly 10yrs ago and LLoyds refused to freeze interest

when I began a DMP with Payplan. Sorry, that's by the bye!

 

I received a ketter today from Aktiv Kapital introducing themselves and with it was a copy of the "NOA" from Lloyds passing on the debt.

 

It looksfor all the world like they've just cut and pasted text onto a rubbish photocopy of an old letterhead from Lloyds.

 

As I haven't received any correspondence from Lloyds themselves am I being paranoid or do DCA's actually regularly try to produce dodgy NOA's?

 

I just thought I'd see if anyone had come across this before

Thankyou xxx

[BRIGADIER2JCS]

Creditors often allow the debt purchaser/DCA to use letter heads for NOAs it is acceptable.

[moneyworries]

Fair enough...don't Lloyds have to be the one to send it though? Otherwise anyone could claim to have bought a debt from anyone!

[citizenB]

No, either the seller or the purchaser can notify you of the assignment. But you must be told.

 

Was there any Payment Protection Insurance on the loan - if mis sold this can be reclaimed.

 

Are there any default/penalty charges on the account - these can be reclaimed.

 

Are you still in the DMP with PP. If so, the new owner has taken on the account with this in place and should NOT be seeking to hassle you.

[BRIGADIER2JCS]

The banks however sloppy don't hand letter heads to just anyone. As what you have received is acceptable.

[moneyworries]

There was PPI but I reclaimed it and yes, there were lots of charges early on but I didn't reclaim those. I'm not trying to avoid the debt, I just want to make sure it has been passed to AK properly. Can I still reclaim old charges?

[citizenB]

 

Can I still reclaim old charges?

 

I would think so, if you have statements then we can provide you with a spread sheet. If you don't have statements, then you will need to send a Subject Access Request to LTSB - this will cost you £10.00 and they have 40 calendar days to comply. You will find a Draft subject access request letter in the CAG library. Top left hand corner of the screen, highlighted in green

[moneyworries]

Okay, I'll look into the reclaim, thankyou. I'll let Payplan know about the NOA and I guess they'll start paying AK in the meantime.... thankyou ♡♥♡

[dx100uk]

IMHO I would DUMP PP

do it yourself.

 

have you ever sent a CCA request for this loan?

 

that will stall a...kleaners.

 

get that sar off

 

dx

[moneyworries]

I did send a CCA re the PPI claim and they replied with what I think was all the right stuff. At the time, I wadn't able to contest charges though so I guess can try that route as suggested. If AK have bought the debt though do Lloyds have to repay the charges?

[citizenB]

I did send a CCA re the PPI claim and they replied with what I think was all the right stuff. At the time, I wasn't able to contest charges though so I guess can try that route as suggested. If AK have bought the debt though do Lloyds have to repay the charges?

 

Yes, it would be from LTSB that you reclaim the charges - almost certainly they would want to apply those to the debt.

[citizenB]

At the time you reclaimed the Payment Protection Insurance, were you having charges applied at that time ? IMHO, if it was the PPI that was causing those charges to be applied then they should have been refunded at the same time .

[dx100uk]

but have AK been asked to provide the cca?

 

if not send them one

 

just because you know one exist

does not mean they do!

 

dx

[renegadeimp]

No creditor simply sells off a debt that large to a DCA unless there is something seriously wrong with it.

[moneyworries]

Thanks for all the advice. I will CCA both and go from there xx

[dx100uk]

only ak not Lloyds

 

if you've not got all the statements i'd sar Lloyds. if the ones you've got are not up to date.

 

is this on your cra file.

 

dx

[moneyworries]

Yes, its a default on my credit report.

 

I'll CCA AK as you suggest.

 

If I was AK though I wouldn't buy a debt if I knew it could be challenged in any way so I'd have thought they'd have their stuff in order

but there seems to be no exact science to this!

 

As Renegadeimp says, why would Lloyds sell a debt that big in the first place?

 

Oh well. Watch this space I guess.

[dx100uk]

what is the default date?

 

dx

[moneyworries]

Thankyou for all your advice.

 

I have sent SAR's to both Lloyds and Aktiv Kapital as well as a CCA request to AK. I'll let you know how it goes.

 

Payplan also advised me to complain to the Financial Ombudsman because for 6 of the 8 years that this matter has been ongoing,

LTSB refused to freeze interest and as such, the balance of the original loan has been reduced by only a very small amount.

 

I don't know how successful this will be seeing as Lloyds have actually sold the debt

and therefore asking them to remove interest from the balance seems pointless.

I guess I'll have to see what AK come back with on the CCA front!

 

Glad to be doing something positive

Edited July 10, 2013 by moneyworries

[moneyworries]

Following all the above, I have received the SAR reply from Aktiv Kapital.

 

They have sent:

1. A copy of the account details ( Account number, amount, default date, amount etc as well as an Aktiv Score of 1:0)

2. A glossary of their standard abbreviations and codes

3. A transcript of all details held on their system (A customer service record showing my SAR request)

4. A copy of payment history (shows 4 payments received "via Lloyds" since 28/06/13)

 

Should I be looking for anything else?!

[citizenB]

Have you received a response from LTSB in respect of the SAR you sent to them ?

[moneyworries]

No, not yet. I sent it to the Credit Operations address which was on the assignment notice.

[dx100uk]

so what is the listed default date?

 

dx

[moneyworries]

25/11/09

[moneyworries]

Another update... following their response to my SAR, AK have sent me a "money off" voucher offering just over £2k off the cost of an immediate settlement. Where they think I can find £21k I have no idea :-/