Don't know what to do.

[Freckles]

Sorry its late I wont expect any reply's until tomorrow just had to get it off my chest.

2000 - Received credit card
2011 - Could not keep up payments
Agreed £10 a month till a change in circumstance
Over the phone and in writing requested my CCA(due to extortionist interest)
March 2012-Contacted by Moorcroft DCA.I wrote and explained the situation
Also wrote to the bank complaining that this account was now in dispute as they could not produce CCA
Wrote to Moorcroft stating account,paid them the £1 for copy of CCA in dispute and after several letters they backed off.
End of 2012-Bank informs me they can’t find cca so the they took the £1 off my debt.
December 2012-Letter from Wescott demanding payment.Wrote and explained account in dispute
May 2013-Wescott finally reply saying the problem was now resolved so pay up.
Wrote them a letter of complaint saying nothing resolved and stop your harassment.
June 2013-Wescot write a letter saying the bank has now found CCA so send in another £1 for copy.
June 2013 Bank writes to say sorry im having problems and they will do their best to resolve it

Hi everyone just looking for a little advice and was told by 2 people on another forum to come here.I received a credit card from Lloyds TSB in the year 2000.Everything was fine until 2011 when I moved to the middle of nowhere and neither myself or my partner could gain employment. As soon as I missed my first credit card payment the bank wrote to me so I rang them.I explained my current situation and made an agreement to pay x amount per month until my circumstances changed.I also requested that they send me a copy of my cca complaining that they had hiked my interest rate up to 29.9% which I felt was daylight robbery and I wanted to see where I signed to agree to this ludicrous interest.I made this request in writing.

Three months later I received a threatening letter from Moorcroft dca asking me to pay the amount in full.I wrote to them explaining that I was disputing the interest charged on my account and as far as I was concerned I had no business with them.I wrote a letter to Lloyds to say I now considered my account in dispute and still had not received my cca.Several more letters arrived from Moorcroft and I sent them the fee of £1.00 to get my cca.Long and short of it was Lloyds could not provide the cca so Moorcroft backed off.Several months later I got a letter from Lloyds stating that the £1 I had paid was put toward my debt that I owed.

Fast forward to Dec 2012 I received a letter from Westcott debt collection agency requesting the full amount owed.I explained once again the situation and made it clear that I wanted nothing more to do with them.

I finally received a response in May this year saying the dispute had been sorted and please pay up.Again I told them nothing was sorted and if they continued to harass me I would make a formal complaint.They wrote back apologising and informing me that they had contacted Lloyds and the bank now say they can send me a copy of my cca(rehashed agreement I think).

This morning Lloyds have written to me saying they are sorry to hear that I have a complaint and will do their best to sort things out.

Can anyone advise me as to what to do next.And for the record I'm 44 years old and this is the first time I have ever had financial problems.I would love to pay this debt off but until I can gain full time employment this is impossible.

Any advice welcome and thanks in advance.

[Fortman]

Re: Don't know what to do.

Hi,

I'm new too. You're in a good place. I've read somewhere the set out they like on this site for a debt. I'm pretty sure the first step will be to post up your CCA agreement for Niddy to look at, especially given its age.

Good luck getting it sorted out.

[Freckles]

Re: Don't know what to do.

Thanks Fortman.I've held my own until now but I'm so unsure as to what to do next.This site was recommended to me and I've been reading posts all day.I've never read so much good information in one place before.

[Still Waving]

Re: Don't know what to do.

Hi,

I'm new too. You're in a good place. I've read somewhere the set out they like on this site for a debt. I'm pretty sure the first step will be to post up your CCA agreement for Niddy to look at, especially given its age.

Good luck getting it sorted out.

Hi Freckles

You don't say that the bank has sent the agreement yet, so I think I would wait to see what they send next. When you do get the agreement don't post it up here, but mail it to Niddy at agreements@all-about-debt.co.uk, putting your Username and CCA in the title field. Don't blank out anything in the agreement. Only Niddy will see it, and he will give an opinion as to whether it is enforceable.

[Undercover Elsa]

Re: Don't know what to do.

Hi Freckles,
Welcome to AAD
You've done great so far. As you're now awaiting the banks response no need to do anything for now, but at some stage we'll need to address that payment of £1 to your account.
This is the type of thing we would send:
allaboutFORUMS - View Single Post - £1 cca taken from debt!

For the moment however, just see what they send next and let us know.

Elsa x

[Freckles]

Re: Don't know what to do.

Thank you to everyone.I have not responded to Lloyds or Wescott as im unsure as to what to say.If anyone could give me an idea of what response I should give to them both I would really appreciate the advice.Should I tell Wescotts that LLoyds are dealing with it now or should I still take it that they are in charge.I have to go out now as I have a days workbut I will check back in as soon as I get home.

Many thanks Frecklesxxx

[MrsD]

Re: Don't know what to do.

don't stress Freckles, it's not worth the anguish

as Elsa says the ball is in their court now, wait for this so called CCA and we'll take it from there


Is this your only debt, is everything else on track?

[SA Gold]

Re: Don't know what to do.

Hi Freckles,
Just wanted to say welcome aboard. You have found the right place for dealing with this.
Best,
Missy

[Freckles]

Re: Don't know what to do.

Hi Mrs D and Missy thank you for your kind words.As for any other debt none except my overdraft.I've spent my whole life with a "if you have to borrow you cant afford it" attitude but through various situations happening in the space of 1 year this credit card got away from me.

So far Wescott have said Lloyds have found my CCA agreement and I need to pay another pound to receive it.

This is my thinking now-Write to Wescott giving a £1 payment (again) for said CCA copy.Sit back and wait.

I hope this is the correct course of action.If not please let me know.

Huge thanks once again.

[diddlydee]

Re: Don't know what to do.

Hi Freckles.

You don't need to pay the £1 - you've already done that. The fact they have allocated the £1 incorrectly is their fault. Did you use our template in the first place to request the CCA or someone elses?

If you sent our one, you could now sent this, which is the follow up to the original request:

CCA Reminder

If you sent someone elses, it may not have all of the protective statements that we use (ie. returning the £1 to you if they fail to find the CCA), so you might be best to start the ball rolling again?

[Undercover Elsa]

Re: Don't know what to do.

I agree Diddly, cheeky beggars have already been paid. Our posts crossed while I was working on the letter below in word, just blended it with bits from Niddy's wrongly credited £1 letter to address that aspect too. See what you think..

I am in receipt of your letter of xxxx in which you state that you require another £1 from in me order to supply a copy of the Consumer Credit Agreement for the account referenced above.
I would remind you that on xxxx I made a formal request for the agreement under s.77-79 of the Consumer Credit Act. In response Lloyds informed me that they could not supply the agreement, therefore my original request remains outstanding and no further fee is payable until they comply.
Furthermore, despite the fact that the original £1 payment was clearly the Statutory fee for provision of the required documents, Lloyds then credited the £1 to the disputed account.
This is strictly forbidden within the confines of the Consumer Credit Act. The fee is set at £1 by the Consumer Credit (Further Increase of Monetary Amounts) Order 1998 [SI 1998/997]. Even though this fee may be inadequate to cover the administrative costs of responding, the creditor or owner is not entitled to ask for more than the fee in order to comply with the information request and similarly, they are not permitted to use the £1 fee for any other reason than for the purpose intended.
I therefore require that, if Lloyds do now have a copy of the agreement, it should be sent to me without further delay or cost, as the fee has already been paid.
Furthermore I insist that the original £1 payment which was unlawfully added to the disputed account be removed immediately and used for the purpose for which it was intended.
I look forward to your confirmation that this has been effected and to the receipt of the documents.
yours faithfully,

[diddlydee]

Re: Don't know what to do.

Brilliant Elsa, thanks. I couldn't find the "wrongly credited" letter, so thank you.

I agree, if it was me, I'd be sending that one.

Good luck, Freckles.

[SXGuy]

Re: Don't know what to do.

Are you sure westcot said that Lloyds have "found" a CCA and require £1? or did the letter say, for a CCA Request please send Lloyds £1?

Because Westcot have sent numerous letters to various people when a CCA is in dispute, asking them to send a £1 to the creditor for a CCA Request.

Just double checking because if its the latter then its a usual response from them.

[PriorityOne]

Re: Don't know what to do.

If Westcot claim to have "found" the CCA via the bank, then why not send it to you? I smell silly b*ggers here.... but we can all play that game.

See how they respond to Elsa'a letter and go from there :-)

[The Tech Clerk]

Re: Don't know what to do.

Interesting! await response?