A little advice please

[mrs_m]

Hi there,
I wondered if you could maybe help me out. Back in April last year whilst on msf I posted to Never in doubt about a debt I had with Link Financial (LLoyds Loan).
I followed his advice and sent off a request for my documents along with a £1.00 po.
They replied saying they would try to locate the paperwork but used the postal order towards the money I owed. Well since then I have not heard anything but continued paying the £40.00 per month. I know I should have kept up with the letters but had a very difficult time last year and well now I have a fresh head to hopefully tackle it.
Now the debt was from 2004 and the default has already been removed from my credit file as 6 years have gone by, so do I now need to send the letter again and start from scratch as I now believe they need to respond in 12 days if I have read it right.
Thank you very much in advance for any advice.

[Never-In-Doubt]

Re: A little advice please

Hi there,
I wondered if you could maybe help me out. Back in April last year whilst on msf I posted to Never in doubt about a debt I had with Link Financial (LLoyds Loan).
I followed his advice and sent off a request for my documents along with a £1.00 po.
They replied saying they would try to locate the paperwork but used the postal order towards the money I owed. Well since then I have not heard anything but continued paying the £40.00 per month. I know I should have kept up with the letters but had a very difficult time last year and well now I have a fresh head to hopefully tackle it.
Now the debt was from 2004 and the default has already been removed from my credit file as 6 years have gone by, so do I now need to send the letter again and start from scratch as I now believe they need to respond in 12 days if I have read it right.
Thank you very much in advance for any advice.

You should have stopped paying, last year, like advised on MSE! It'll never get statute barred so long as you keep paying it.....

Just cease repayments - then wait til they write to you - so long as you kept proof of that letter they wrote you last year you're fine, they are in default meaning they cannot enforce the debt, and as for spending the £1 on the account - tut tut, they've messed up ooopsy!!

Just stop paying and see what develops, obviously you cannot be speaking to them on the phone either - you need to ignore them totally, post details of any letters they send up here - keep us updated yea?

[mrs_m]

Re: A little advice please

Ok Niddy deffo no phone calls. I will try to find the letter they sent as I am sure I put it away for safe keeping. So I will now need to request a new debit card as they take the money each month automatically. So I dont need to send the original request again?
Thanks

[Never-In-Doubt]

Re: A little advice please

Ok Niddy deffo no phone calls. I will try to find the letter they sent as I am sure I put it away for safe keeping. So I will now need to request a new debit card as they take the money each month automatically. So I dont need to send the original request again?
Thanks

Hiya, can you confirm what you mean - is this debt to the same bank you have your actual bank account with or a different one, that you've set up a reoccurring payment plan with (via debit card)?

I'm lost as to why you need a new card... the only reason I can imagine, is that you have set up a payment plan using your debit card (a big no-no) - always use standing order, they MUST provide their bank details, then each month (usually) you'd just make the internal bank transfer...... that way you remain in control...

I don't need to see the letter, no. You do not need to send another request either, but you do need their letter confirming they are looking for the CCA - without it, they are in default and cannot enforce this agreement...... I wish you'd came back sooner, we'd have saved you a few quids

[mrs_m]

Re: A little advice please

Hi Niddy. Yes I have been paying them via my debit card for about 18months now as they said thats how it had to be done. The debt is with LLoyds and I bank with halifax so I will need a new debit card as they have my current number am on the hunt for the letter as we speak and will order new debit card tomorrow as tbh I do need a new one as mine is very tired. Then will sit back and wait for the phone calls...do I say that I will only communicate by letter? Thanks

[Never-In-Doubt]

Re: A little advice please

Hi Niddy. Yes I have been paying them via my debit card for about 18months now as they said thats how it had to be done. The debt is with LLoyds and I bank with halifax so I will need a new debit card as they have my current number am on the hunt for the letter as we speak and will order new debit card tomorrow as tbh I do need a new one as mine is very tired. Then will sit back and wait for the phone calls...do I say that I will only communicate by letter? Thanks

Hiya, no need to tell them anything.... just cancel the payments and wait til they write to you - if they ring, fail security etc....

[mrs_m]

Re: A little advice please

Thank you very much your advice is much appreciated

[SPENTOUT]

Re: A little advice please

Just cease repayments - then wait til they write to you - so long as you kept proof of that letter they wrote you last year you're fine, they are in default meaning they cannot enforce the debt, and as for spending the £1 on the account - tut tut, they've messed up ooopsy!!

Hi Niddy

Can you tell please, why they have messed up! I thought that the £1would be used against your account, as one of mine have done the same. Not sure why they should not?

Spent

[Gerry]

Re: A little advice please

Hi there,
I wondered if you could maybe help me out. Back in April last year whilst on msf I posted to Never in doubt about a debt I had with Link Financial (LLoyds Loan).
I followed his advice and sent off a request for my documents along with a £1.00 po.
They replied saying they would try to locate the paperwork but used the postal order towards the money I owed. Well since then I have not heard anything but continued paying the £40.00 per month. I know I should have kept up with the letters but had a very difficult time last year and well now I have a fresh head to hopefully tackle it.
Now the debt was from 2004 and the default has already been removed from my credit file as 6 years have gone by, so do I now need to send the letter again and start from scratch as I now believe they need to respond in 12 days if I have read it right.
Thank you very much in advance for any advice.

Hi Mrs m

Welcome onboard, dont worry we've all been through hard times and burried our heads in the sand i think its just human nature. (niddy will kick my bum for saying that)

Glad to hear that your ready to sort them out now, i wish you the best of luck. Our Niddy will head you in the right direction to deal with them. :niddy

Gerry x x

[Never-In-Doubt]

Re: A little advice please

Hi Niddy

Can you tell please, why they have messed up! I thought that the £1would be used against your account, as one of mine have done the same. Not sure why they should not?

Spent

The £1 CANNOT be used for anything other than to provide the s.78 data - if they have applied it to the account then they fooked up.


Nawty Nawty

[Never-In-Doubt]

Re: A little advice please

Hi Niddy

Can you tell please, why they have messed up! I thought that the £1would be used against your account, as one of mine have done the same. Not sure why they should not?

Spent

Its written into s.79(1) CCA (1974) and you warn them in your CCA Request as follows matey:

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Basically, the CCA1974 (s.79(1))states:

The owner under a regulated consumer hire agreement, within the prescribed period after receiving a request in writing to that effect from the hirer and payment of a fee of [£1], shall give to the hirer a copy of the executed agreement and of any other document referred to in it, together with a statement signed by or on behalf of the owner showing, according to the information to which it is practicable for him to refer, the total sum which has become payable under the agreement by the hirer but remains unpaid and the various amounts comprised in that total sum, with the date when each became due.

[mrs_m]

Re: A little advice please

Ok Niddy I have been veru inconsistant and have continued to pay them the £40.00 per month......but at last I changed my bank card number and now they are chasing me for the reaminder of the balance....they recently phoned and i thought it was someone else and passed security eventually I asked where my agreement was as I had requested it over a year ago and the fact that they used the £1 po against my account and she spotted it straight away so the long and short of it is ive been a prat i know
So as it stands I sent off my cca request 15 April 2010, they replied saying they would look for it never recieved anything and cant find thier reply letter but they definately used my postal order against my account .
Sorry Niddy do i start again. I am now 2 months in arrears youll be glad to know

[Deepie]

Re: A little advice please

Ok Niddy I have been veru inconsistant and have continued to pay them the £40.00 per month......but at last I changed my bank card number and now they are chasing me for the reaminder of the balance....they recently phoned and i thought it was someone else and passed security eventually I asked where my agreement was as I had requested it over a year ago and the fact that they used the £1 po against my account and she spotted it straight away so the long and short of it is ive been a prat i know
So as it stands I sent off my cca request 15 April 2010, they replied saying they would look for it never recieved anything and cant find thier reply letter but they definately used my postal order against my account .
Sorry Niddy do i start again. I am now 2 months in arrears youll be glad to know

They are not going to rush to send you your cca if you are still paying them stop paying

[diddlydee]

Re: A little advice please

Hi mrs m.

You have been throwing money away by giving to them whilst they are in default of your CCA request; the whole point of UE is to have the account six years down the line from the last payment. The longer you pay, the further away that six years will be!

The six years will now start from your last payment; if they are unable to find an enforceable credit agreement within that six years, the account becomes "statute barred" - that means that legally it drops off all records and the cannot ask you for a penny.

So, you've made a start by ceasing payments - well done! Now you need to be strong and continue to cease payments unless otherwise advised to the contrary.

You don't need to do anything else for now; just wait until they write to you (continue to ignore calls). If they do, post back here to let us know the gist of the letter, and we'll let you know what to do about it.

Hope this helps for now; Niddy will no doubt pop along later.

diddly xxx

[mauijim]

Re: A little advice please

Hi Mrs_M Before I joined this wonderful place I had a rule that I follow religiously. Hear All See All but Say nothing. I NEVER talk on phone to them I NEVER sign anything and I NEVER answer the door. I had one visit and rude man said he would not leave. I tell him I call Police and he changed his mind and went very quickly! I let them write to me and if they are slow then fine because I have nothing to do