Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

[Never-In-Doubt]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

Jo said in her email that she'd come back to you tomorrow so chill. Relax now.

[Spector]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

I can't quite believe this. No sooner did I send the DNs than I received responses from Niddy and Josie! A huge thank you.

What should my next step be please as far as this is concerned?

Spector

[Joanna Connolly]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

I've reviewed the Default Notices.

The 2003 one is valid - so no get out for LLoyds there.

The 2010 one is invalid - missing prescribed information - so me thinks LLoyds have a big problem

[Never-In-Doubt]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

I've not read all this but the (current) OFT guidelines do state that defaults must be registered with the CRA's in a timely manner and thus the original one still ought to have been added within 6 months of you missing the first full payment due as per the terms. Even back in 2003 it was deemed unfair to add a default after 12 months so regardless I think they're taking the piss here.

When they add a D to your Credit File, it has no bearing on when they formally default you in line with s.87/88 (CCA). Point is, you could default the account years before they formally default you as per the terms.

See what Josie says, she has your DN's now.

Good luck

[Spector]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

Hi Josie

Sorry, my last post crossed with your one.

I'll get off a CCA and SAR as quickly as possible.

They issued a DN in November 2003. I know this because I referred to it in correspondence that I have stored on my computer. As far as I am aware they didn't register it at that point or at any time after that. Yes, they sent me another default notice in 2010. The 2010 DN was engineered. They had accepted minimum payments for nearly 7 years, then cancelled them and refused to engage with me until they had defaulted the account. Then they agreed to accept the same payment arrangement as before.

I'm not the most organised person and it will take me time to find everything. The 2010 DN should be relatively easy to find (I hope). The 2003 may take a while longer but I'll get both off to NID asap.

Thank you. I'm feeling as if a huge burden is beginning to lift. It's a wonderful feeling to know there are people out there who are so willing to help.

Spector

[Spector]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

Wow, thank you all so much. I didn't expect this level of support at all.

Spector

[Joanna Connolly]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

I've read the thread.

First thing to do is send a s.78 CCA request to LLoyds enclosing the statutory £1 fee.

I would also suggest that you make a Subject Access Request under the Data Protection Act asap .

You say they registered a second default in October 2010. Did LLoyds send you a further default notice at that time if so can you scan a copy to NID so that I can see it as well as a copy of the original default in 2003.

The 2003 default notice is important because if it is valid then they have no grounds to reissue a new one from a CRA point.

[Never-In-Doubt]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

I'll ask Josie to pop in. See what she thinks.

[cymruambyth]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

Hi Spector

welcome to AAD. I had a LTSB Platinum cc and received the same as you from 2008. LTSB issued a N1 which Watsons solicitors dealt with and LTSB discontinued. Your DN from 2008 should be kept carefully and not mentioned to DCA etc.

When dealing with Cabot keep communications open and post here before you write! The guidance on this site could potentially save you both heartache and money.

[Spector]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

Thank you everyone for taking the time to contribute and help.

I will be sending off a CCA request shortly.

Thank you, I can see why Paul would adopt his position regarding the stopping of payments.

I didn't say I wouldn't deal with Cabot. I have already been in correspondence with them. I said that I have no desire to enter into a relationship with them, by which I meant any agreements, repayment plans etc, if it can be avoided. So getting off a CCA request is an important first step to understanding the strength of my position with regard to that organisation.

What does "FMOLT" stand for?

Thank you

Spector

[nightwatch]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

Cabot are indeed debt buyers, and I have a couple of accounts with them that they have tried to get a CCA from the original creditor, and they have written and told me that they cannot enforce until the creditor produces the documents, so you could CCA them for the credit agreement and hope that they cannot get it . x

[SXGuy]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

Havent read the whole thread, but have skipped through it and seen Paul being mentioned a few times regarding UE and Paying.

I think Paul would agree that he would never advise anyone to stop paying a debt, he just doesnt do that. What Paul does do, is try and establish whether an account is UE based on evidence. What you do after that is up to you.

Remember, Paul has no doubt been in court with cases whereby a judge has looked at the defendant as a dirty debt dodger because they dont pay. The only reason why you shouldnt pay is if they can not enforce. Or if like some of us, you are happy to blag it.

Dont get me wrong, i'm not saying you should pay, im just saying what Paul wouldnt say.

[Luca]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

Hi
I have been a long time lurker on this and other forums. I think that your interpretation of what Paul said is correct, however remember that Paul is a lawyer and as such will never give you an answer that could lead him open to a complaint. That is no disrespect to Paul. In my inexperience I would be sending of CCA requests and finding out if they have an enforceable agreement. If they don't then fine, stop paying, if they do then you need to reconsider.
I believe that Cabot are debt buyers so will have bought the debt from LTSB and as such are the people you need to deal with unless it is a SAR when you deal with LTSB.
The bit you wrote about not dealing with the DCA sounds a bit like FMOTL which is dangerous rubbish or a line by one of the site team on on another forum that is again dangerous rubbish

[Spector]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

Thank you missy. I will do.

[SA Gold]

Re: Advice needed re a Trustcard Account, DCA, Default Notices and Other Matters

Thank you nightwatch. It will be worth trying that. Now all I have to do is find the original......

Fingers crossed for you Spector. Let us know how you get on.