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  • Some things do work out well, not often, but sometimes

    I have (had) a 15 year old Lloyds overdraft, it's never been sold so still with Lloyds and I have been repaying through DMP for 10+ years. I wanted to SAR them as part of my info gathering exercise on all my debts.

    I completed a SAR on the Lloyds webpage. While there I noticed a PPI form. Now I am absolutely categorically positive I have never had PPI but what harm can it do to fill in the form?

    The day after my SAR request, Lloyds sell the debt. At the time it made me really angry. What have they got to hide, why now etc?

    A month passed and it turns out I did have PPI on a loan nearly 30 years ago and I'm owed about £2k.

    If Lloyds still had the OD, the PPI payment would be automatically put towards the debt. However since they sold the debt the day after the SAR I have just received a £2k cheque which I can now use to offer a reduced F&F, hopefully pay off the OD and have some left for Christmas.

    So thanks for selling the account Lloyds. I still have no idea why after all this time but your timing could not have been better.

  • #2
    Originally posted by Robesco View Post
    they sold the debt the day after the SAR I have just received a £2k cheque which I can now use to offer a reduced F&F, hopefully pay off the OD and have some left for Christmas.

    Who is the debt purchaser who's been assigned this Lloyd's debt?

    Before you make a Full & Final settlement offer to them you sholud perhaps establish your legal position?

    Di
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    • #3
      Originally posted by Diana Mayhew View Post


      Who is the debt purchaser who's been assigned this Lloyd's debt?

      Before you make a Full & Final settlement offer to them you sholud perhaps establish your legal position?

      Di
      Hi, I wont make an offer just yet, you are right regarding checking the legal position. I have spent all of tonight reading all 20 pages of posts in the UE for overdrafts section and have to say I am now more confused than ever whether an OD can be UE or not. Lots of advice on letter templates in there but I couldn't find anything that actually determined if those that used them were successful or not. There was a lot confusion (for me at least) on if the OD was approved / not approved or approved and over limit as a result of spending or as a result of charges. Truthfully, even with the data I got back from the SAR, I don't know if I could answer that after 15 years, probably a mix of both.

      I did find this post from Jo that says an OD UE claim has been successful but it doesn't say which templates to use and what to do if the DCA reply with an OD is not covered by the CCA request. Refer back to Niddys OD letters 1 and 2?
      https://all-about-debt.co.uk/forum/d...eal-overdrafts

      This is the only debt I have not CCA'd as I was (maybe wrongly) under the impression OD were not covered. It's also my smallest debt so the one I was least worried about so I put it to the back of the pile.

      I need to do a single post debt diary for all the debts and include the history of this Lloyds OD and take advice from there. Until now I have only posted about the ones that are giving me grief (Link and Idem) and I still have so many questions about the situation with Link that I have not even asked yet.
      Last edited by Robesco; 17th October 2019, 00:38.

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      • #4
        p.s. Do you guys ever sleep?

        Comment


        • #5
          Originally posted by Robesco View Post
          p.s. Do you guys ever sleep?

          Nope

          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            Originally posted by Robesco View Post
            I am now more confused than ever whether an OD can be UE or not. . . . I did find this post from Jo that says an OD UE claim has been successful but it doesn't say which templates to use and what to do if the DCA reply with an OD is not covered by the CCA request.

            This is the only debt I have not CCA'd as I was (maybe wrongly) under the impression OD were not covered.

            Law evolves. Cases which are won or lost can change things on a daily basis.

            A s78 CCA Request to Lloyds might be your next step but timing is everything, so a bit more information about this debt would be helpful before you decide what you should do.

            As Jo says, overdrafts are covered by the Consumer Credit Act >


            Originally posted by Joanna Connolly View Post
            The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

            The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

            It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take..
            Di


            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment

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