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

[Spector]

Re: DCA resurrecting a written off account

Hi Niddy


Here is the info set out as you requested:




Type of account: Trustcard (visa) - orginally a TSB credit card


Date commenced: April 1996


Approx balance: £9,700


Date last paid (approximate date you last made a FULL payment): around Nov 2002


Are you on arrangement or not paying: no arrangement with DCA but continuing to pay Trustcard £7 pm


Status: defaulted twice and in arrears - josie888 said on the other thread (I provided the link earlier) that the 2003 default was valid but the 2010 was not


Account owner: DCA - C a b o t


CCA request to C a b o t in Aug 2013 - my letter was acknowledged but I've received nothing more.


SARs to Lloyds TSB and the DCA also in Aug 2013

josie888 advised me to submit SARs to Lloyds TSB and also C a b o t and also to request a CCA. The C a b o t SAR response included paperwork from the closed account. Since I submitted the SAR I have been extremely unwell and, TBH, I couldn't face a battle. I haven't received the credit agreement from C a b o t but I am ashamed to say that I ignored advice from very good and decent posters on this forum and I haven't stopped paying the token amount to Lloyds TSB who, I believe, pass it on to C a b o t. After the experience of C a b o t commencing proceedings previously I just didn't have the energy or appetite to risk the possibility of legal proceedings. Perhaps I need to rethink my position.

The SAR was sent in Aug 2013 and documentation was received back in Sept/Oct 2013.

Thanks

Spector

[PlanB]

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

Spector.

Can you update this thread and then we'll take it from there since you have got other woes with Cabot nowadays.

We might as well tackle all this stuff at the same time

[Spector]

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

In summary:

I had had two default notices served on me by Lloyds TSB in 2003 and 2010. In the interim period I had been paying token amounts each month until Lloyds TSB manufactured a scenario where they would no longer accept my token payments until they had defaulted me the second time (ie in 2010).

In 2012, Lloyds agreed an extension of the token payments whilst arranging to sell my account to a DCA.

The sale of the debt to a DCA combined with the issue of the second more recent default notice, which was impacting on my wife's ability to open a cheque book bank account due to her financial association with me, prompted me to seek help and advice from this forum.

As you can see, I received a considerable amount of support and advice from the forum community. Several people suggested that I look at the issue of enforceability.

josie888 looked at my default notices and established that the 2003 DN was valid and that the 2010 was flawed.

Josie also suggested that I submit SARs to Lloyds and to Cabot. She also suggested I submit a CCA request to Cabot. I did all this in August 2013. The SARs were complied with but, although Cabot acknowledged receipt of the letter, they have never provided me with a copy of credit agreement.

In the meantime, due to health problems and feeling that I was unable to take the stress of a fight, I opted for the easy option of continuing to pay the token amount each month. Cabot have kept quiet and have continued to accept that my payments have been made to Trustcard rather than to them directly.

I have taken no action regarding the second default notice appearing on my credit reference file, though I wouldn't know where to start or whether it would be in my best interests to advertise the existence of a valid DN.

That brings us up to date. The letter from Cabot attempting to resurrect the closed account brought me back to this forum for advice and your kind efforts in helping with that case have resulted in the Trustcard issue coming back to the forefront of my mind.

Thank you for all your time and effort. It is sincerely appreciated.

Spector

[PlanB]

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

Okay. Let's review this thread a year later to see where you should go from here

I assume there's no real rush since they're happy to accept your token payments for now and there are no legal threats?

[Spector]

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

Perhaps it would be a good idea to put this in the correct place as well:

Hi Niddy

Here is the info set out as you requested:

Type of account: Trustcard (visa) - TSB credit card

Date commenced: April 1996

Approx balance: £9,700

Date of last FULL payment: around Nov 2002

Are you on arrangement or not paying: no arrangement with DCA but continuing to pay Trustcard £7 pm

Status: defaulted twice and in arrears - josie888 said that the 2003 default was valid but the 2010 was not

Account owner: DCA - C a b o t

CCA request to C a b o t in Aug 2013 - my letter was acknowledged but I've received nothing more.

SARs to Lloyds TSB and the DCA also in Aug 2013 - complied with.

[Never-In-Doubt]

Re: DCA resurrecting a written off account

Hi Niddy


Here is the info set out as you requested:




Type of account: Trustcard (visa) - orginally a TSB credit card


Date commenced: April 1996


Approx balance: £9,700


Date last paid (approximate date you last made a FULL payment): around Nov 2002


Are you on arrangement or not paying: no arrangement with DCA but continuing to pay Trustcard £7 pm


Status: defaulted twice and in arrears - josie888 said on the other thread (I provided the link earlier) that the 2003 default was valid but the 2010 was not


Account owner: DCA - C a b o t


CCA request to C a b o t in Aug 2013 - my letter was acknowledged but I've received nothing more.


SARs to Lloyds TSB and the DCA also in Aug 2013

ok so they've double defaulted you - is this showing in the SAR or do you have records / evidence and is it your only default or was there others (specifically from 2010 / 2nd default)?

[Spector]

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

No there are no legal threats. There has been no contact from the DCA since it acknowledged receipt of my CCA request.

[PlanB]

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

There has been no contact from the DCA since it acknowledged receipt of my CCA request.

And what did Cabot send you in response to that CCA request in 2013 (if anything)?

If you're continuing to pay the original creditor each month is there a distinct possibility that Cabot may have handed back the account to Lloyds TSB since it may be a dud?

Some debts are sold on a 'sale or return' basis for the first six months.

[Spector]

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

No, I think the account remains with C a b o t because they are updating my credit file.

When I first heard from the DCA I wrote to complain to Lloyds TSB because I thought it was despicable to be agreeing a repayment programme for a further period and then to sell the account. I suggested that they had not treated me fairly and that they should buy back the account. I told C a b o t that I had done this and that I would continue to pay Lloyds until I had resolved my dispute with Lloyds. Although the complaint also included concerns about my current account, which at the time was with Lloyds as well, Lloyds just passed the letter to C a b o t and they attempted to deal with it. As an aside, I feel this was a serious breach of the Data Protection Act. Anyway, having 'answered' my complaint, C a b o t advised me that I must pay them directly. That was when I contacted this forum and requested the CCA. I think that C a b o t has not insisted on me paying them directly because of the lack of the credit agreement.

[Spector]

Re: DCA resurrecting a written off account

ok so they've double defaulted you - is this showing in the SAR or do you have records / evidence and is it your only default or was there others (specifically from 2010 / 2nd default)?

No, there was nothing in the SAR from Lloyds TSB about the defaults as far as I could see but I had copies of both from when they were originally served on me.

In all, 4 different lenders defaulted me in 2002/3. The two lenders that sold my accounts to C a b o t both double defaulted me but the first one of those was back in 2008. So that was a long winded way of saying there have been no other defaults since the one in 2010.

Enjoy your painting.

[Spector]

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

And what did Cabot send you in response to that CCA request in 2013 (if anything)?

They acknowledged receipt and said that they would forward to me once it was received from the original lender. They said that they would anticipate being able to provide it within 40 days and would write again if they were unable to meet that deadline. They haven't made further contact.

[Never-In-Doubt]

Re: DCA resurrecting a written off account

Ok you're referring to "default"; please specify if you're talking about a default notice (s.87/88 CCA) or a default entry at the credit agency?

They're totally different.

[Never-In-Doubt]

Re: DCA resurrecting a written off account

Threads tidied up and posts moved into correct places - there may be slight duplicates (as above) but don't worry it won't be confusing to the reader as there are clear links between this thread (your TSB TrustCard) and your Barclaycard (MSDW/Goldfish) thread - here --> http://forums.all-about-debt.co.uk/s...en-off-account

[Never-In-Doubt]

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

Ok, as you've not sent a CCA for a while, send a new request ( http://www.all-about-debt.co.uk/inde...22-cca-request ) ONLY is Cabot are still chasing you about this - if they're leaving you alone and not really being nasty then just leave it alone and do nothing. But if they're bugging you / harassing you for payment then send a new CCA and £1.

Keep us updated

[Spector]

Re: DCA resurrecting a written off account

Ok you're referring to "default"; please specify if you're talking about a default notice (s.87/88 CCA) or a default entry at the credit agency?

They're totally different.

Yes, I received default notices. josie888 reviewed both and said that the earlier one was valid but the 2010 one was not.