Blodwen's UE Journey

[Joanna Connolly Solicitors]

On the subject of SARs would you advise sending an SAR to LLoyds at this stage? Hubby is adamant this was taken out yonks ago when it was formally TSB, plus there is also PPI on this account too which we haven't done anything about for fear of acknowledging the debt. Do you have any advice re this please? CSL who are acting on behalf of Lloyds are contacting us frequently with letters and phone calls requesting payment. I will update my diary today with relation to these letters and calls.

I've taken a look at post # 7 (although you say you're going to update it later) and I can see that this credit card debt is still with Lloyds who is passing it around various DCAs.

It might make sense to wait until it's assigned (sold) to a debt purchaser before you send for a SAR (to Lloyds) because you will then capture all the details surrounding the termination and assignment etc.

I also wouldn't attempt a PPI claim until it's sold either because if they (or the debt purchaser) ever issue a claim then that PPI issue may be an argument you could use in your Defence if the account balance was incorrect when sold due to the PPI being missold (if it was) etc.

Personally I would say/do nothing until or unless they comply with your s 77-79 CCA Request or you get a letter from a solicitor.

Di

[Blodwen]

I've taken a look at post # 7 (although you say you're going to update it later) and I can see that this credit card debt is still with Lloyds who is passing it around various DCAs.

It might make sense to wait until it's assigned (sold) to a debt purchaser before you send for a SAR (to Lloyds) because you will then capture all the details surrounding the termination and assignment etc.

I also wouldn't attempt a PPI claim until it's sold either because if they (or the debt purchaser) ever issue a claim then that PPI issue may be an argument you could use in your Defence if the account balance was incorrect when sold due to the PPI being missold (if it was) etc.

Personally I would say/do nothing until or unless they comply with your s 77-79 CCA Request or you get a letter from a solicitor.

Di

Hi Di........Thank you very much for your response to my enquiry. I have taken your advice on board and haven't sent a SAR to Lloyds at this point. It now looks as though CSL are now dealing with this, it seems to be being passed around at the moment! We will also hold fire on any PPI claim too. We still haven't received a response to our CCA request. All our diary entries have been updated today. Thank you so much for your invaluable advice.

[Blodwen]

Good Afternoon on this lovely sunny Sunday........I hope this isn't a daft question........Now that we no longer have to pay to obtain a SAR is it worth us sending requests to those DCA's who have purchased an alleged debt from the original creditor to see what information they have on their records? Or would it be beneficial or us to "not rock the boat" at this stage if all is relatively quite?

Other then the normal daily phone calls from Link and Cabot which we have become accustomed to ignoring and the general letters requesting we contact them immediately to discuss payments, we haven't as yet received anything threatening.

We did receive a SAR from our DMP but it was quite sparse and consisted of mainly financial transactions. There wasn't any letters between DCA's to the DMP included.

Also Tesco have written to inform us that they are transferring our account to Wescot, who in turn have already contacted us within the same week. Under the new GDPR legislation are the original creditors entitled to pass on our details to a third party without our permission or does this not apply to these particular circumstances?

Thanks in advance.

[Blodwen]

Lloyds Bank (Was Lloyds TSB)

• Credit Card
• Date Commenced - January 2002 (However we feel this date is incorrect as I am pretty sure this was initially taken out in 1987/88 when it was TSB)
• Approx Balance - £12,000
• Status - Default March 2012
• Date Last Paid – Full Payment November 2011
• Are you on arrangement or not paying - Date last paid via DMP August 2017
• Account Owner – Moorcroft

7^th August 2017 – CCA sent to Moorcroft recorded delivery with Postal Order.

23^rd August 2017 – Letter from Lloyds with a photocopy of our original CCA request to Moorcroft attached – Lloyds requested we provide them with a 16 digit account number as further validity of our account as they unable to find our details.

31^st August 2017 – We replied to this request informing them of the required information. Was this a daft thing to do??

23^rd October 2017 - Letter from Moorcroft stating – despite numerous attempts to contact you, payment has still not been received as per the agreement in place on our system with the result that your account is in arrears. Requested we contact one of their representatives to arrange payment, if payment is not made with us you may leave us with no alternative but to recommence collection activity, such as further letters and calls.

No Payment has been made since August when we put our DMP on hold. We have yet to receive any information with regards to our CCA request since we provided Lloyds with our account details on 23^rd August 2017.

November 2017 - Statement of Account received from Lloyds - Noted and Filed.

December 2017 - Letter from Moorcroft requesting we contact them to arrange payment, failing to do so will result in further action being taken against us without further notice.- Noted and Filed.

December 2017 - A second letter from Moorcroft arrived - Headed .......Possible Further Action and requesting we make payment within the next 7 days. - Noted and Filed.

December 2017 - Monthly Instalment Offer letter received. - Noted and Filed.

December 2017 - Following the two previous letters we have now received one from Lloyds informing us they have transferred our account to Westcot who have been instructed to collect the outstanding balance. Noted and Filed.

January 2018 - Letter from Wescot Informing us of Lloyds Instruction to them to make contact with us with regards to the outstanding balance. Noted and Filed.

January 2018 - Important Reminder received from Westcot to telephone them to speak to one of their specialist agents. Noted and Filed.

January 2018 - Another letter from Wescot this month informing us they have conducted further checks on us to ensure they have or correct address and they have requested we contact them immediately to take control of this issue. Filed away at this stage as no CCA request received.

January 2018 - Letter informing us Lloyds Bank wish to offer us a significant discount - call them to discuss further. Filed away.

February 2018 - "An Opportunity to take control of this outstanding balance in a way to suit you" letter received from Westcot. - Filed away.

February 2018 - Letter from 2F requesting we confirm our residency and requesting we contact them directly to resolve the issue - We will not respond to this and File away.

March 2018 - Important Message Slip received by post from 2F requesting we call them. This slip resembles a wage slip which included a contact name and telephone number for us to call. Noted and Filed.

May 2018 - Looks like CSL are now dealing with this now as letter received headlined "Notice of Further Action" We haven't had a letter informing us this is now being dealt with by CSL, this is the first contact from them. It seems to be being passed around at the moment! On first reading the heading we panicked, however the reminder for the letter was simply requesting we contact them ASAP to arrange payment. We have still yet to receive a response to our CCA request back in August 2017. Noted and Filed.

June 2018 - Letter from CSL offering us a "Limited Time Offer" Payment will be accepted as partial settlement and we will not be pursued for the balance. They go on to say that any default registered on our credit file will be updated to "partially satisfied" and the account balance will be shown as zero. They don't actually give a figure of what the offer will be as it will be subject to an affordability check. Noted and filed at this stage.

I have updated our diary entry with the latest correspondence from CSL on behalf of LLoyds, They have offered us a partial settlement and have informed us they will not pursue us for the remaining balance. They go on to say that our credit file will show as partially settled and the account balance will show as zero. They don't actually give us an exact figure of what the settlement figure will look like. We haven't had a response to our original CCA request as yet therefore we have decided to simply file the letter away at this stage. I;m really hoping this is the right thing to do as having a wee bit of a wobble day today after updating all our diary entries.

[Spud]

With regard to the Lloyds credit card - CSL are attempting to get you to pay by offering you a partial settlement......Thats all.....a ploy if you will

As long as there are no threats of legal action ( Which by the sound of it there is not ) Then in my opinion you have done the right thing.......Date and file away.....See what comes next

Your doing great

[Still Waving]

Good Afternoon on this lovely sunny Sunday........I hope this isn't a daft question........Now that we no longer have to pay to obtain a SAR is it worth us sending requests to those DCA's who have purchased an alleged debt from the original creditor to see what information they have on their records? Or would it be beneficial or us to "not rock the boat" at this stage if all is relatively quite?
Thanks in advance.

Hi

You would normally only send a SAR to the ORIGINAL creditor (sometimes also to a former DMP provider), but not to a debt purchaser. If you SAR the original creditor the new debt owner will not be aware of it, so you would not rock the boat by doing that. However, you need to distinguish between a/c's which have been sold on, leaving out ones which have merely been farmed out to external agencies to chase.

[Blodwen]

With regard to the Lloyds credit card - CSL are attempting to get you to pay by offering you a partial settlement......Thats all.....a ploy if you will

As long as there are no threats of legal action ( Which by the sound of it there is not ) Then in my opinion you have done the right thing.......Date and file away.....See what comes next

Your doing great

Thank you Spud, all filed away and noted We have had rather a lot of correspondence and phone calls this month so I was having a little wobble whilst updating our diary. I'm so grateful that I can come here and get it off my chest and regain the courage to move onto another day. Thank you.

[Blodwen]

Hi

You would normally only send a SAR to the ORIGINAL creditor (sometimes also to a former DMP provider), but not to a debt purchaser. If you SAR the original creditor the new debt owner will not be aware of it, so you would not rock the boat by doing that. However, you need to distinguish between a/c's which have been sold on, leaving out ones which have merely been farmed out to external agencies to chase.

Morning SW, Thank you for the advice. Got it.......so in our case I think it may only be the LLoyds and Tesco debts which are still with the original creditors, I will go through them with a fine tooth comb and I will make doubly sure I only send SARs to the one's which have been sold on. Am I right in assuming the original creditor cannot inform the debt purchaser that we have requested the SAR? Thank you

[Blodwen]

Sorry to be a pain but can someone point me in the right direction of the new SAR Template (GPDR) I thought I had saved the link and now I can't find it!! I have also looked in the template section but not sure which one I should be using. I have even gone through some other diaries to see if I can find it - but I've had no luck. I have looked .......honestly

[Roger]

Sorry to be a pain but can someone point me in the right direction of the new SAR Template (GPDR) I thought I had saved the link and now I can't find it!! I have also looked in the template section but not sure which one I should be using. I have even gone through some other diaries to see if I can find it - but I've had no luck. I have looked .......honestly

Have a read of the following Blog. between. Niddy points out you should send ID

The Tech Clerk

&

Never-In-Doubt
https://www.all-about-debt.co.uk/for...-and-responses

For a template of the New SAR GDPR seen Niddy's Blog and Tech Clerk suggestion

SAR & GDPR 2018

https://www.all-about-debt.co.uk/for...18#post1510818Niddy includes a letter in His Blog.

Technical Clerk suggestion is very good

Originally posted by The Tech Clerk View Post
Heading for letter = GDPR 2018 SAR REQUEST

[Blodwen]

Hi Roger.................brilliant, this is just what I was looking for. Much appreciated - Thank You very much

[Still Waving]

"Have a read of the following Blog. between. Niddy points out you should send ID "

I think the ID issue only arises when an organisation requests one. It is likely that a creditor which has a history of dealings with you will not request one, after all they have not been doing so hitherto. CRA's are a different proposition.

[Spud]

We have had rather a lot of correspondence and phone calls this month so I was having a little wobble whilst updating our diary. I'm so grateful that I can come here and get it off my chest and regain the courage to move onto another day. Thank you.

That is what AAD is all about

Have you sent the Telephone harassment letter to those who are still pestering you? Might be worth sending again if not

[Joanna Connolly Solicitors]

Am I right in assuming the original creditor cannot inform the debt purchaser that we have requested the SAR?

The debt purchaser will only be entitled to see information held by the original creditor if the Deeds allow for that. It'll depend on the conditions written into the assignment Deed.

I can't think of any reason why the original creditor would want/need to tell the debt purchaser you've requested a SAR and I can't think of any reason for it to damage your situation even if they do.

Thankfully they've sold the debt and washed their hands of you

Di

[Blodwen]

That is what AAD is all about

Have you sent the Telephone harassment letter to those who are still pestering you? Might be worth sending again if not

Good Morning Spud, No, I haven't sent a harassment letter as yet. We've just been trying to ignore them the best we can but I think it may be time to do as you suggested now. - Thank you