CCA Request

[chris260483]

Re: CCA Request

Call from Lloyds, they reject my offer so im going to set up paying them back £2.00 per month for the next 618 years! Is that not crazy of them?

[Nibbler]

Re: CCA Request

Well I can never remember being presented with terms and conditions at the time to be honest,

Not really good enough, as to challenge the veracity of what has been supplied you would need to be able to make some honest assertion that "I did not sign that, but did instead sign x,y,z". As Wegmuller did in HFO vs Wegmuller.

[Celestine]

Re: CCA Request

If this went to court, I would say, yes they have supplied enough.

[chris260483]

Re: CCA Request

and if this went to court would what they have supplied be enough to enforce the debt?

[chris260483]

Re: CCA Request

ha,

so looking at the documents i have put up have they supplied both T&C's and agreement/application?

Re: CCA Request

Of course! Why would you pay in full when you can get them to accept a lower offer? :noidea:

They would be fools not to accept this and I wouldn't offer any more. Let's be realistic: even with the best diet and a very healthy lifestyle, you're not likely to live that long, are you? :grin:

You are cruel Miss Parrot. It's only 618 years and 8 months away. I plan on being around long after that! :tung: :beagle:

[Celestine]

Re: CCA Request

They have to supply a copy of the T&Cs AND agreement/application that were present when you signed for the card application. If they haven't got a copy of the application itself, they can supply a recon. The T&Cs would be generic, because you hadn't yet been approved, therefore if they supplied a credit limit at THAT stage it would indicate the account had already been assessed and approved. The lack of a credit limit to me suggests the T&Cs are those that accompanied the application itself.

[chris260483]

Re: CCA Request

so on a cca request all they have to supply is a copy of the T&C?

Doesnt have to have credit limit etc?

[Celestine]

Re: CCA Request

No. I'm afraid not. The documents they sent you pertaining to the 2001 credit card probably do comply. (Compliance is not an exact B&W science and can only ever be fully resolved in a court of law. However, when negotiating, its always nice to have something 'big and shiny' in terms of non compliance to sabre rattle with. You do not have this :tinysmile_cry_t

The fact that they sent you an extra document pertaining to an old loan is irrelevant as it has been sent in addition to the CCA request in error. It's your data, so they haven't breached the DPA. I certainly wouldn't read too much into this issue.

[chris260483]

Re: CCA Request

can i just check.....

on the CCA request they sent me t&c's for the credit card (reconstructed) from 2001 and a statement from a loan i had which had nothing to do with the Credit card, i have informed them that they have sent me the wrong info (loan statement).

Does this mean they have failed to comply because of their mistake?

[chris260483]

Re: CCA Request

the debt is still with Lloyds, they are using credit security to chase etc but all offers etc they pass onto lloyds, They are asking for 12k of the debt at the moment (their offer) but i am not able to go anywhere near that.

[FlamingParrot]

Re: CCA Request

From what Ive read, maybe Ive misunderstood? This debt is still with Lloyds and hasn't been sold to a DCA?

You're right, the debt is still with Lloyds as below:

the debt has not been sold on as they are acting on behalf of Lloyds so am unsure what Lloyds will accept, i have sent them a letter offering 4200 out of 14830 or i pay them £2 per month for 7425 months as this is all i can afford. In may i offered them 2970 but this was rejected.

[Celestine]

Re: CCA Request

From what Ive read, maybe Ive misunderstood? This debt is still with Lloyds and hasn't been sold to a DCA?

But even original creditors will accept lower settlements. From memory, people have got as low as 30-40%.

Good luck :beagle:

[chris260483]

Re: CCA Request

Ill await their response and then offer them the same amount quoting that this is all i can get etc and see what they say, hopefully they will accept this but im not gonna hold my breath.

Cheers

[FlamingParrot]

Re: CCA Request

The default comes off in 2 years so would u say its better for me to make a f&f offer to get rid of the debt instead of paying in full (i know either wont affect my CR as the default has been done but at least the debt will be gone)

Of course! Why would you pay in full when you can get them to accept a lower offer? :noidea:

the debt has not been sold on as they are acting on behalf of Lloyds so am unsure what Lloyds will accept, i have sent them a letter offering 4200 out of 14830 or i pay them £2 per month for 7425 months as this is all i can afford. In may i offered them 2970 but this was rejected.

They would be fools not to accept this and I wouldn't offer any more. Let's be realistic: even with the best diet and a very healthy lifestyle, you're not likely to live that long, are you? :grin:

Ideally, the offer letter should state something along the lines of "A relative has offered to make these funds available to settle this debt but the funds will only be available for an limited amount of time, if you reject this offer now there won't be another one", otherwise it has the potential to turn into an auction! :argue: