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Advice needed re Lloyds Default

I all I have a LLoyds Credit card owing approx £4500. I am currently on a DMP with CCCS and have been for a few months. Lloyds have so far stopped interest but today i have received my statement stating that they are going to default in 28 days and restart interest.

I haved CCA Lloyds in August and they sent terms and conditions so I sent the standard reply letter on here saying they had failed to provide me with a true CCA and to respond with in 7 days. I have heard nothing from them.

Am I right in saying they can not default me without a CCA. This account was an old easyjet card ran by accucard and taken out approx 2001/2002.

Thanks for any advice.
February 2013 NSD - 4

Comments

  • 10past6
    10past6 Posts: 4,962 Forumite
    When you requested your CCA, this placed your account into "Dispute"

    They CANNOT take any further action until the dispute is solved.

    If they contact you, just keep reminding them "Your account is in dispute"
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Did you send the 12+2 day letter? This should have a part about you removing their authority to pass your details on to a 3rd party as it would be in breach of the Data Protection Act.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • stapeley
    stapeley Posts: 2,315 Forumite
    You can not stop the default as you are not paying the correct amount and are in arrears . If they do not provide a true signed copy of the CC AGREEMENT , the debt does not go away . It just means it is unenforceable . If you choose to stop paying thats up to you but a default will stay on your credit file for six years .
  • Thanks for the replys.

    I sent the 12+2 days letter and on the 12th day lloyds sent a copy of my terms and conditions. I found a letter on here to send saying they had not sent the CCA and giving them 7 days to respond.

    Stapeley I have every intention paying this debt back but of course I want to stop them adding any further interest as it is not going to help me if they do. I was under the impression that even if they do default I can get this removed as they are not able to add anything to my credit file without a CCA.

    The problem I have is that Lloyds seem to be ignoring my letters.
    February 2013 NSD - 4
  • 10past6
    10past6 Posts: 4,962 Forumite
    The problem I have is that Lloyds seem to be ignoring my letters.

    Send a letter marking it “Formal Complaint”

    Give them 10 working days to respond, if they don't reply with a satisfactory answer, inform them you reserve the right to seek adjudication via the regulatory authorities.

    Send it by recorded delivery.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
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