Lloyds TSB 1st Credit Canada CCA

[FriedBacon]

In early 2000, we moved to Canada from the UK, At the time we owed ~13000 pounds to Lloyds on a credit card.

 

Until around 2013 we struggled to pay the minimum balance, by this time it was transfered to APEX. In May we asked for a CCA and paid the fee. APEX acknowledged the request in writing and informed us they had asked lloyds for the information. The account was placed on hold. We still have not received that information

 

As of today Lloyds have informed us they have sold the debt to 1st Credit. My many questions are as follows

 

1) Should we ask 1st Credit for the CCA?

2) As the CCA has not been complied with what should we do ?

2) If they are unable to produce it what is likely to happen ?

3) If this drags on for six years what happens then ?

4) Is it worthwhile offering a full and final settlement and what would be a reasonable percentage ?

5) Is this debt enforceable / transferable to Canada

6) Can I ask 1st Credit to contact us only by post

7) What is likely to happen if we ignore this request

 

Thanks in advance

[renegadeimp]

Since they are jn default of the CCA request stop paying. Send the new owners a CCA request.

 

They will.have to get the original CCA which in my opinion, they are very unlikely to get.

 

For that large amount, the original creditor would have taken legal action themselves. They didn't and they sold it on. That's shows you all you need to know.

 

The first dca couldn't get the CCA so sold it on.

 

No valid CCA means you don't pay them a single penny

[Stigman]

1) Should we ask 1st Credit for the CCA? Yes

2) As the CCA has not been complied with what should we do ? Stop Paying Immediately!

2) If they are unable to produce it what is likely to happen ? Nothing can happen, you have a perfect defence if Court action was ever issued

3) If this drags on for six years what happens then ? Debt becomes Ststute Barred

4) Is it worthwhile offering a full and final settlement and what would be a reasonable percentage ? NO! Why would you pay when you do not have to legally, if you are speaking to 1st Credit or any DCA on the telephone then STOP IMMEDIATELY, only ever communicate in writing. If you ever answer the telephone to a DCA then refuse DPA & hang up.

5) Is this debt enforceable / transferable to Canada It can be but as Canadas laws are different to the UK & with a lack of any enforceable agreement this is unlikely to happen.

6) Can I ask 1st Credit to contact us only by post You do not ask, you insist, telephone advice above in question 4.

7) What is likely to happen if we ignore this request Do you have assets in the UK? If not, nothing can be done to you as 1st Credit has no legal jurisdiction in Canada

 

But to place your mind at rest, send 1st Credit a CCA request, as the first DCA failed to obtain a copy, the same will happen to !st Credit as they will try to obtain from the OC as well.

 

Stigman

[unclebulgaria67]

Stop paying. Write to 1st credit saying you are permanent residents of Canada and that they should have been made aware of this by APEX/Lloyds. Also advise them that APEX/Lloyds would have been aware that there was a CCA request outstanding in 2013, which they could not fulfill. You therefore suggest that they take any necessary actions with Lloyds, as the account seems to have been sold on without important information being disclosed.

 

1st credit in taking on the account, have to accept the status of the account, as they bought it. I.e an outstanding CCA request, which makes the account currently unenforceable in a court.

 

Debts are rarely enforced abroad, particularly outside of the EU. After 6 years of not paying a due bill, the debt will be statute barred anyway, so a dead duck.

[FriedBacon]

Thought I would give an update. We informed 1st credit that we were in Canada and send another CCA request. Since then they have send two more letters hinting that we could settle for a lesser amount. It has gone rather quite after the last letter.

The province we are in debt becomes statue barred after two years so we are already past that as we stopped paying in May 2013 or potentially earlier and we do not have assets in the UK.

Thank you for your help and advice, when we got the first letter it shook us fairly badly however after seeking advice we are much calmer about the whole thing.