Views please in my situation

[sarah76]

Hi

New here this site was reccomended to me on another site as apprently there is someone lurking around here that knows the CCA procedures pretty well so here goes......

1994 - took out CC with LTSB
2004 - cut up said CC with an outstanding balance on it also secondary card made most of previous years spending
went with DMP - paid token payments until 2008
Self DM until present paid small amounts to balance
2010 really tried to get balance down and decided to question my ex about his share of the card so June 2010 CCA'd the DCA for my statements and agreement to see where I stood in getting some money out of ex
letters to and fro until Dec 2010 when I put account into dispute as got sent a hand written comp slip saying didnt have it, didnt have facility to get it and to CCA the original creditor so I did this
recieved letter from ltsb saying looking into it get back to me in 4 weeks this was jan 2011
Since account has been in dispute I have recieved 5 letters from DCA 2 missed payments, 1 final demand, 1 house visit and 1 acknowledgement of account in dispute.
DCA have been sent cca letter, account in dispute letter,telephone harasment letter,complaint to oft and fos
DCA are adimant they DO NOT need a cca as I have been paying it apprently my payments superside the cca
have heard nothing from ltsb until today in which they sent me the following in a letter

thankyou for contacting us recently

I am in receipt of your request section 78 documentation. however I am returning your letter to you as the card number is not stated on your letter, therefore we can not find you on our database. thankyou

ok so now what i dont have the original card number, i have the dca number and an 8 digit account number surely they can get their files from either of those as the dca are working for ltsb ???

I also sent the copies of all letters between me and the dca agency stating the dca numbers and the ltsb account number

So what do you think then, I could really do with out court action against me, what do people reccomend please

Thanks for looking

[swanfan]

Re: Views please in my situation

Hiya & welcome

Just to help Never-In-Doubt(Niddy) can you provide the following:-

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before Apr 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

[sarah76]

Re: Views please in my situation

Hiya & welcome

Just to help Never-In-Doubt(Niddy) can you provide the following:-

• Type of account (credit card/loan) credit card
  
  
• Date commenced (ideally before Apr 2007) July 1994
  
  
• Approx balance £3883
  
  
• Date last paid (approximate date you last made a FULL payment) 2005/6 ish sorry cant remember off top of my head i will find out
  

• Are you on arrangement or not paying not paying as in dispute is this wrong to do
  
  
• Status (default/in arrears/up-to-date) im assume default would have been logged and arrears
  
  
• Account owner (who is writing to you, a DCA or the lender)owner is LTSB, CCS are saying that OC is their client

hope this helps

[swanfan]

Re: Views please in my situation

Just going back to your original post the DCA should've passed your CCA request to the original creditor see this template--> Follow-Up to DCA - who decline your CCA Request

However Niddy may correct me on this the OC should've fulfilled your request even with the DCA referenc number.

Who is the DCA in question?

[sarah76]

Re: Views please in my situation

hi

thats what i thought they are the dca client so surely should have their details, the dca are commercial collect services.

when i wrote to OC i enclosed letters from the dca which had all details on it, stated to them that their collectors were in breach of oft guidelines by continuing collection practices whilst debt in dispute. I seem to have their attention now all being confusing as I dont really understand what they are saying in the letter it seems as though i dont exist in their records ??

Just a thought as well when I took out the credit card it was TSB before lloyds took over dont know if that makes a difference

[swanfan]

Re: Views please in my situation

I'd leave it for now & Niddy will look at this in the next few days & will get back to you.

Try not to worry ok?

[sarah76]

Re: Views please in my situation

ok thanks :-)

[Fribourg]

Re: Views please in my situation

I had the same kind of problem, I explain, I had a Lloyds-TSB CC taken around beginning 2000, they defaulted me, then DCA was chasing it, I arranged payment back, half way through I CCA'd them, stopped paying them once the 12+2 days of my CCA request, they put my account on hold, and after a few weeks, I received a letter saying that the OC, couldn't find a copy of my CCA, so they declared my account closed, so a win against them.

Yes you have been paying them, but you made your CCA request, as far as we know no CCA received, so no payment to them, they can do nothing till they send you a proper CCA.

I do know that all the cases are different, but this one looks very similar to yours, so I'm sure that Niddy will be around very soon, meantime do not panic, the ball is in their side now, and they know they are wrong..

[Never-In-Doubt]

Re: Views please in my situation

Hi & Welcome,

Basically first things first - don't worry, they are playing silly buggers and all you need to do is respond with thefollowing template and attach the original CCA Request and cheque to it, don't change anything - they must respond (the account number itself is irrelevant so long as they can trace you - obviously if you've sinced moved then you'd have to tell them the last known address etc to allow them to find you on their systems).

Send this back to Lloyds TSB ---> Final Response (No CCA) & Refusal of Doorstep Visit and keep us updated on anything else you receive - bear in mind do not speak to them on the phone and definitely do not speak to or pay anything to a DCA. Just update here and we'll guide you along.

The template above is correct, don't worry about the extra parts within it, it covers various scenarios.

Niddy
:niddy

[sarah76]

Re: Views please in my situation

Hi & Welcome,

Basically first things first - don't worry, they are playing silly buggers and all you need to do is respond with thefollowing template and attach the original CCA Request and cheque to it, don't change anything - they must respond (the account number itself is irrelevant so long as they can trace you - obviously if you've sinced moved then you'd have to tell them the last known address etc to allow them to find you on their systems).

Send this back to Lloyds TSB ---> Final Response (No CCA) & Refusal of Doorstep Visit and keep us updated on anything else you receive - bear in mind do not speak to them on the phone and definitely do not speak to or pay anything to a DCA. Just update here and we'll guide you along.

The template above is correct, don't worry about the extra parts within it, it covers various scenarios.

Niddy
:niddy

hi I dont know how to thankyou on a post yet but thankyou anyway :-) I took the card out when I lived at home with my parents and I have since married and Ive alos moved house about 8 times since then, but I have always given my creditors address details etc and informed them when I got married and my name changed so I am assuming I would give them my previous name and my first address ?? Do you think this is stall tactics and they cant actually find it or do you think that it `is `to do with my name and address changing

Many Thanks

[Never-In-Doubt]

Re: Views please in my situation

Morning

Don't you have anything with the old account number on? An old statement or anything?

Obviously they have to be able to trace you so in this instance I'd consider ringing the lender and going through security and asking for the account number. That way they can search using name and address variations until you get it right...

Make sense?

[sarah76]

Re: Views please in my situation

hi

Think I have found the number they are looking for it was on the very first solicitors letter I recieved.

Ok so here goes also if they do now produce the CCA can I ask to deal with them direct rather than the DCA as I would hate to have to back down now and start paying that harrasing firm any money even if it is going to LTSB

Thanks

[sarah76]

Re: Views please in my situation

hi

update, got home this afternoon with a letter from ccs saying they have closed the account and passed it back to ltsb ...... hoping this is a good sign ??

[Deepie]

Re: Views please in my situation

hi

update, got home this afternoon with a letter from ccs saying they have closed the account and passed it back to ltsb ...... hoping this is a good sign ??

First of all Hi
sounds good to me just wait and see what they send next

[swanfan]

Re: Views please in my situation

hi

update, got home this afternoon with a letter from ccs saying they have closed the account and passed it back to ltsb ...... hoping this is a good sign ??

It is, may well get passed on to another DCA though.

Just post again with any updates.