HELP PLEASE! Clarification on Defaults on Credit File needed please!!

[FlamingParrot]

Re: HELP PLEASE! Clarification on Defaults on Credit File needed please!!

I'm sorry I wasn't around to reply earlier.

Should I go through the whole process again? I.e. SAR letter & CCA letter, therefore determining if 1. their Lloyds/TSB's records are up-to-date and 2. if I have been mis-sold PPI insurance or not.

The SAR will produce statements you can use to calculate the amount of PPI you paid. The agreement will show whether the box is ticked or not. That, in itself, means nothing. They could have ticked it themselves, you may have ticked it because you were told you had to take PPI to be accepted, there may have been hard sell to convince you...

Only you can establish whether it was mis-sold or not, for example, if you were told you had to take out PPI to be accepted, if you already had in place suitable insurance, say, from your employer, or if your circumstances were such that the insurance wouldn't have paid out if you had made a claim (for example, if you were self-employed and it didn't cover self-employment). Take a look at the PPI threads here: http://www.legalbeagles.info/forums/...ASE-READ-FIRST

Can I still do this even though I am paying Lowells back £100 per month and effectively admitting the debt

Yes, you are not denying the debt, just trying to establish the following:

1. How much PPI you were charged;
2. What were the terms of your agreement, including PPI; and
3. Whether they have agreements that could be used to enforce the debt in court.

Should I still continue to pay Lowells £100 per month if I am querying the accounts with the original lender? If not, what should I do?

You can carry on paying while you get the replies, provided you can afford £100, of course.

Who do I send the SAR & CCA letters to now as Lloyds TSB has split?

The SAR should go to the Data Controller. The ICO data controller register shows the following for Lloyds Bank: http://ico.org.uk/ESDWebPages/DoSearch?reg=330171

Registration Number: Z5313128

Date Registered: 20 April 2001 Registration Expires: 19 April 2014
Data Controller: LLOYDS BANK PLC

Address:
25 GRESHAM STREET
LONDON
EC2V 7HN

With regards to the CCA request, it should go to Lowell as they own the account and they have a duty to pass on your request to, and obtain the documents from, the bank.

As I say, I think I am stuffed with the credit card, CCA & PPI from previous correspondence a few years ago - I have no idea about the Loan or Overdraft though but I'll try again with the advice and drafted letters you have kindly provided!! .

Thanks for your help FlamingParrot - you are truly a decent person on this planet and offering your advice.

My pleasure :yo:

Do bear in mind the CCA request applies to loans and credit cards but not to overdrafts.

[sleslie86]

Re: HELP PLEASE! Clarification on Defaults on Credit File needed please!!

Only you can establish whether it was mis-sold or not, for example, if you were told you had to take out PPI to be accepted, if you already had in place suitable insurance, say, from your employer, or if your circumstances were such that the insurance wouldn't have paid out if you had made a claim (for example, if you were self-employed and it didn't cover self-employment). Take a look at the PPI threads here: http://www.legalbeagles.info/forums/...ASE-READ-FIRST

Actually, I do remember thinking that if I didn't tick the PPI box then I wouldn't be approved for the loan or credit card - it was one of them, it might have been both but to be honest, it was such a long time ago, I can't really remember. As for suitable insurance, one of the benefits in kind that I paid monthly via my employer was life insurance - so I'm guessing that would be suitable insurance? i.e. in the event of my death, they would have been paid back? If I can prove I had that insurance, would they pay back?

I've been through all my old paperwork, and found they sent me a photocopy of my credit card agreement. The PPI box is crossed, but it's electronically crossed, followed by 2 of my signatures, however this was for my 1st credit card with them it was a Lloyds TSB Gold Card. The PPI was 79p per month for every £100 that is outstanding.

When I was struggling back in Dec07/Jan08, they let me reconsolidate my personal loan (only £1k) and my Lloyds TSB Gold Card which was maxed at about £2.5k - the reconsolidation loan was for £4k or £4.5k - I can't remember, need to check.

As for the Airmiles DUO credit cards they gave me after that, all they could produce was a "IBC Credit Card Application Report - Internet Banking Application" - however, I never applied online - I think that what they sent me was what they used internally, from their intranet system. It says "CCA Signed - YES" & "CCA Signed Date: 10th Jan 2008", but I didn't actually receive anything that was signed? The same was for PPI, "PPI Required: Yes".

They made me want to contact somewhere else for my loan credit agreement - which I never did stupidly.

Hmmm... I might just start a fresh with your letter templates - the only thing I am worried about is that Lloyds wont respond to me because they said in a letter in 2012 that that was their final letter and response and any other correspondence wouldn't be responded to i.e. in regards to my complaints, PPI & CCA's.

I'll just do it - start off fresh, besides I am not complaining this time, just asking for information.

[sleslie86]

Re: HELP PLEASE! Clarification on Defaults on Credit File needed please!!

Right, so I have sent 2 x letters (1st class recorded) today. One went to Lloyds Bank, this was the SAR letter + £10.00 cheque. The other one went to Lowell Financial, I put two CCA letters in the same envelope - 1 relating to the loan and the other relating to the credit card. I enclosed 2 x £1.00 postal order for each account. All letters dated the 20th January 2014.

What happens if I don't hear from Lowell after 12 working days with the required information? I hear the debt becomes unenforceable? However I arranged to pay them £100 per month, and have been doing so since July 2013.

As for the SAR to Lloyds Bank, I know it will be no longer than 40 days before I hear back from them with all my statements, so when it arrives, I can go through that with a fine tooth comb and look at all the PPI I had been charged when the accounts were open. I will start a new thread in the PPI forum for additional help with this.

Thank you so much FlamingParrot... a real help you are.

[FlamingParrot]

Re: HELP PLEASE! Clarification on Defaults on Credit File needed please!!

Right, so I have sent 2 x letters (1st class recorded) today. One went to Lloyds Bank, this was the SAR letter + £10.00 cheque. The other one went to Lowell Financial, I put two CCA letters in the same envelope - 1 relating to the loan and the other relating to the credit card. I enclosed 2 x £1.00 postal order for each account. All letters dated the 20th January 2014.

WELL DONE!:clap2:

What happens if I don't hear from Lowell after 12 working days with the required information? I hear the debt becomes unenforceable? However I arranged to pay them £100 per month, and have been doing so since July 2013.

As you said, the debt becomes unenforceable. It's your call whether you want to carry on with your payments or not, bearing in mind the SBd clock won't start as long as payments are made.

It's highly unlikely they will reply within the timescale, as they'll have to go back to the lender to get the documents. Let's see what they say and we'll take it from there. :thumb:

As for the SAR to Lloyds Bank, I know it will be no longer than 40 days before I hear back from them with all my statements, so when it arrives, I can go through that with a fine tooth comb and look at all the PPI I had been charged when the accounts were open. I will start a new thread in the PPI forum for additional help with this.

Thank you so much FlamingParrot... a real help you are.

It's my pleasure. :yo:

And yes, you got it right, look out for the PPI on your statements. In the meantime, here's something to keep you occupied: http://www.legalbeagles.info/forums/...I-Calculations :nerd:

[FlamingParrot]

Re: HELP PLEASE! Clarification on Defaults on Credit File needed please!!

Actually, I do remember thinking that if I didn't tick the PPI box then I wouldn't be approved for the loan or credit card - it was one of them, it might have been both but to be honest, it was such a long time ago, I can't really remember. As for suitable insurance, one of the benefits in kind that I paid monthly via my employer was life insurance - so I'm guessing that would be suitable insurance? i.e. in the event of my death, they would have been paid back? If I can prove I had that insurance, would they pay back?

If you were told that you had to tick the PPI box to be approved, then yes, that was mis-sold, however, I don't think life insurance would count as a suitable alternative, because PPI is not intended to pay off your debt in the event of your death, most PPI policies are intended to cover your minimum payments (for credit cards) or contractual payments (for loans), for 12 months.

I've been through all my old paperwork, and found they sent me a photocopy of my credit card agreement. The PPI box is crossed, but it's electronically crossed, followed by 2 of my signatures, however this was for my 1st credit card with them it was a Lloyds TSB Gold Card. The PPI was 79p per month for every £100 that is outstanding.

When I was struggling back in Dec07/Jan08, they let me reconsolidate my personal loan (only £1k) and my Lloyds TSB Gold Card which was maxed at about £2.5k - the reconsolidation loan was for £4k or £4.5k - I can't remember, need to check.

Are you saying you consolidated BOTH the loan and credit card into one loan? Or is this a different account from the ones you sent a CCA request for? Did you pay off the loan and credit card and stopped using the card? I know that's the *intention* of consolidation loan but there's no obligation to actually do it, I had one of them back in 2006 and only paid off around £1k out of the £5k loan and kept piling on the credit card.

A loan from Dec07/Jan08 is likely to be enforceable due to the repeal of s.127 of the CCA in April 2007.

As for the Airmiles DUO credit cards they gave me after that, all they could produce was a "IBC Credit Card Application Report - Internet Banking Application" - however, I never applied online - I think that what they sent me was what they used internally, from their intranet system. It says "CCA Signed - YES" & "CCA Signed Date: 10th Jan 2008", but I didn't actually receive anything that was signed? The same was for PPI, "PPI Required: Yes".

They made me want to contact somewhere else for my loan credit agreement - which I never did stupidly.

As above, it if was really applied for in Jan 2008, then it's likely to be enforceable, however, you could still go for the PPI. :thumb:

Hmmm... I might just start a fresh with your letter templates - the only thing I am worried about is that Lloyds wont respond to me because they said in a letter in 2012 that that was their final letter and response and any other correspondence wouldn't be responded to i.e. in regards to my complaints, PPI & CCA's.

I'll just do it - start off fresh, besides I am not complaining this time, just asking for information.

A final response with regards to a specific complaint has nothing to do with a CCA request. You are entitled to request another one as long as you haven't done so for the last 30 days, so you are within your rights to request a fresh one. However, for other matters, having a final response from the bank opens the door for you to go to the FOS. :thumb:

[sleslie86]

Re: HELP PLEASE! Clarification on Defaults on Credit File needed please!!

Are you saying you consolidated BOTH the loan and credit card into one loan? Or is this a different account from the ones you sent a CCA request for? Did you pay off the loan and credit card and stopped using the card? I know that's the *intention* of consolidation loan but there's no obligation to actually do it

I consolidated both my £1k loan (which the balance would been less at the time of the reconsolidated loan in Dec07) and my maxed out £2.5k limit credit card which the balance was around £2.6k. I did this in a LTSB branch. The reconsolidation loan was for £4k which paid off my outstanding balance on the £1k loan and the balance of my credit card. The £1k loan was settled and The LTSB Gold Card account was paid off as well. This is the strange bit, I can't really remember how or why, whether I asked about or whether they sold me the Airmiles DUO cards - I mean... I'd literally just finished off sorting out the other debts with the £4k loan and I really do not remember sitting down going through a new credit card application afterwards. Why would they give me more credit when I'd been struggling already, and took out a £4k loan out to pay off the debt I already had with them :noidea: ???

Interestingly, for a week or two, my internet banking showed I had 2 credit cards accounts on my account!!! 1 x LTSB Gold Card with an available balance of £2,500 and 1 x LTSB Airmiles DUO with an available balance of £2,500 (I hadn't received the DUO cards at this point, but it was showing on my account). But then... I received a new LTSB Gold Card in January 2008?!?! (I'd cut up the original one when I reached it's limit!). I received the DUO cards a week or so later, then the LTSB Gold Card disappeared off my account. I think they replaced one with the other. I am really confused, I can't help but think there has been some malpractice on LTSB's behalf here... anyone agree or I am being delusional?

To be honest FlamingParrot, I know I will probably be banged to rights on my personal "reconsolidation" loan and Airmiles DUO credit card... which now makes me wonder if it was worth sending 2 x CCA letters to Lowell Financial?? :noidea: - I hope it doesn't stir up a hornet's nest :Cry: As you say, both are likely to be enforceable as they were done after April 2007. I am not delaying any process either as I am already paying £100 to Lowell each month. On another note, I suppose it's good to have a fresh set of paperwork on file for records :nod: - I think I have to go down the PPI route now and hopefully, if successful, it can take a chunk off the debt I am paying back now :okay:

The SAR letter I sent to Lloyds Bank should be really beneficial as from that I will be able to work out how much PPI was charged on all the loans and credit cards I had with Lloyds TSB and although it was a while ago, I do feel I was made to sign the box to be approved - I was pretty green & naive back then! On this basis alone, do I have a claim on PPI... how likely am I to be refunded/compensated?

I know I've got a while to wait yet for all the paperwork to come through and I know I will probably have to start a new thread on the PPI forum to receive additional help. Thank you very much for understanding and being extremely helpful and I look forward to your reply should you wish to comment on my questions.

[sleslie86]

Re: HELP PLEASE! Clarification on Defaults on Credit File needed please!!

Bump

[FlamingParrot]

Re: HELP PLEASE! Clarification on Defaults on Credit File needed please!!

I consolidated both my £1k loan (which the balance would been less at the time of the reconsolidated loan in Dec07) and my maxed out £2.5k limit credit card which the balance was around £2.6k. I did this in a LTSB branch. The reconsolidation loan was for £4k which paid off my outstanding balance on the £1k loan and the balance of my credit card. The £1k loan was settled and The LTSB Gold Card account was paid off as well. This is the strange bit, I can't really remember how or why, whether I asked about or whether they sold me the Airmiles DUO cards - I mean... I'd literally just finished off sorting out the other debts with the £4k loan and I really do not remember sitting down going through a new credit card application afterwards. Why would they give me more credit when I'd been struggling already, and took out a £4k loan out to pay off the debt I already had with them :noidea: ???

Interestingly, for a week or two, my internet banking showed I had 2 credit cards accounts on my account!!! 1 x LTSB Gold Card with an available balance of £2,500 and 1 x LTSB Airmiles DUO with an available balance of £2,500 (I hadn't received the DUO cards at this point, but it was showing on my account). But then... I received a new LTSB Gold Card in January 2008?!?! (I'd cut up the original one when I reached it's limit!). I received the DUO cards a week or so later, then the LTSB Gold Card disappeared off my account. I think they replaced one with the other. I am really confused, I can't help but think there has been some malpractice on LTSB's behalf here... anyone agree or I am being delusional?

To be honest FlamingParrot, I know I will probably be banged to rights on my personal "reconsolidation" loan and Airmiles DUO credit card... which now makes me wonder if it was worth sending 2 x CCA letters to Lowell Financial?? :noidea: - I hope it doesn't stir up a hornet's nest :Cry:

Given all what you've said above, sounds like you did the right thing, at least you'll now where you stand with those products and what exactly you are paying off. :thumb:

As you say, both are likely to be enforceable as they were done after April 2007. I am not delaying any process either as I am already paying £100 to Lowell each month. On another note, I suppose it's good to have a fresh set of paperwork on file for records :nod: - I think I have to go down the PPI route now and hopefully, if successful, it can take a chunk off the debt I am paying back now :okay:

If you can shave off some of the debt, it will help you, especially if you are paying it off as opposed to arguing unenforceability, where you normally wouldn't reclaim PPI.

The SAR letter I sent to Lloyds Bank should be really beneficial as from that I will be able to work out how much PPI was charged on all the loans and credit cards I had with Lloyds TSB and although it was a while ago, I do feel I was made to sign the box to be approved - I was pretty green & naive back then! On this basis alone, do I have a claim on PPI... how likely am I to be refunded/compensated?

If you were pressurised into taking out PPI in order to get approved, then you'll probably succeed. :thumb:

I know I've got a while to wait yet for all the paperwork to come through and I know I will probably have to start a new thread on the PPI forum to receive additional help. Thank you very much for understanding and being extremely helpful and I look forward to your reply should you wish to comment on my questions.

Yes, definitely, do start a fresh thread in the PPI area. :typing:

[sleslie86]

Lowell - Review of Payment Plan?

Hi Guys (and FlamingParrot ),

Today I have received 3 x of the same letter in the post from Lowell Portfolio. As described above, I am paying back £100 per month to clear 3 defaulted accounts.

Basically they want me to call them so they can review my personal financial circumstances to see if I can pay more. The thing is, I have sent Lowell CCA letters for 2 of these accounts and sent a SAR to Lloyds Bank so I can work out PPI charges and submit mis-sold PPI claims. Assuming the claim is successful, I or they will appropriate the refund and deduct it of the debt amounts.

Whilst this is going on, how should I respond to these letters?

Many thanks!!