CCA Request none compliance but money still taken

never-in-doubt

UNDERGROUND wrote: »

OP: Your credit card is almost certainly variable rate, Lloyds can therefore change the rate at will. However they should have given you a reasonable notice period (typically 30 days) and this would be in the Ts & Cs and is contained within the banking code. IMHO the best course of action would have been a formal compliant. I'm not really sure where you should go from here, but I will say that you'll probably get a full response over on the Consumer Action Group forums, there are some very knowledgeable individuals who will almost certainly be able to give you a full answer.

http://www.consumeractiongroup.co.uk/forum/

Sorry to hijack the thread a bit, but would like to add.....

Before anybody considers withholding payment due to a CCA request in progress (whatever the motive for doing so) it is worth considering that there can be numerous short and long term consequences, for example:

• your credit files can be trashed (missed payment markers, defaults)
• default charges applied to the account
• Offset clauses invoked on other accounts
• Harassment by debt collection agencies

Just to make clear, I am fully aware that companies are legally obliged to comply with the CCA request and that collection activity should stop during that period, however this is very often not the case and it can be a struggle to put things right again.

I'm not making any judgment or seeking to enter into any moral debate, I just think people should be aware and consider things carefully before contemplating withholding payments.

UNDERGROUND

Hi Underground,

Can I just elaborate on a couple of your points mate..... see red below...

UNDERGROUND wrote: »

Before anybody considers withholding payment due to a CCA request in progress (whatever the motive for doing so) it is worth considering that there can be numerous short and long term consequences, for example:

• your credit files can be trashed (missed payment markers, defaults) Only for 6yrs which would be the case if the person didnt pay due to affordability so no real affect - same 6yr ruling applies;
• default charges applied to the account - Nope, if you claim unenforceability they cannot claim default charges cos the account is dead. It is classed as arrangement so affects your Credit report but no default charges will be payable cos technically, you dont have the account and legally they cannot issue a default notice. But they do, as we know!
• Offset clauses invoked on other accounts - Never. cannot be done LEGALLY, , yea some banks do this knowing that you;d have to take legal action which most people won't so worth them doing it to recoup cash but it is actually illegal in the case of unenforceability claims
• Harassment by debt collection agencies - nope, cos the debt doesn't really exist and as such no-one can chase you.

Cheers - have a read of this, more specific thread in CAG - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

never-in-doubt

aj2703 wrote: »

Agreed with totally , although this is a High Street Bank and you would "presume" they would act accordingly. I would expect the sort of problems the OP has had from a DCA.

OP This might be of help to you too.. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

LOL, steal my thread ya buggar!

never-in-doubt

UNDERGROUND wrote: »

I'm gunna bookmark this link and post it every time an enforceability post / query comes up!

Cheers!

UNDERGROUND

Long wait matey - thread is closed as it is a guide thats all. Are you a memver of CAG? If so i'll post you private links with actual letters and agreements to compare from most the main banks......

I'm a serial Cagger as you can tell from my plugs :beer:

System

never-in-doubt

You seem to have completely misunderstood my post. I am not saying that the actions I have listed should (legally or otherwise) happen, but unfortunately they do. And the OPs post is proof of that.

I am simply saying to people to be aware, be informed and be prepared for a struggle should these things (which can and do) happen.

And the bit about the debt not existing is utter rubbish. The debt absolutely exists it just cannot be enforced.

I trust I've clarified my comments sufficiently.

UNDERGROUND

never-in-doubt

UNDERGROUND wrote: »

never-in-doubt

You seem to have completely misunderstood my post. I am not saying that the actions I have listed should (legally or otherwise) happen, but unfortunately they do. And the OPs post is proof of that.

I am simply saying to people to be aware, be informed and be prepared for a struggle should these things (which can and do) happen.

And the bit about the debt not existing is utter rubbish. The debt absolutely exists it just cannot be enforced.

I trust I've clarified my comments sufficiently.

UNDERGROUND

hey

dont get me wrong, I was simply answering the specific points - I did say that the debt doesn't really exist - really being the operative word and I guess your response says it all:

UNDERGROUND wrote: »

And the bit about the debt not existing is utter rubbish. The debt absolutely exists it just cannot be enforced.

Note the bold text from your quote

If it cannot be enforced, then it doesn't really exist because it cannot be pursued because it cannot be enforced in the first place LOL

sorry what a nightmare trying to explain it! You know what I mean!!!!!!

I know what you're saying though, the debt if you like does stay on your file but no DCA's can get involved cos the debt cannot be sold so it sits in limbo for 6yrs. HOWEVER one of my little buddies from CAG has only decided to push the level of morale - he's taking a big DCA to court to argue that if the debt is technically unenforceable then the CRA's shouldn't be allowed to publish the account data, cos the account doesn't exist!

Phew - hope that makes sense

aj2703

never-in-doubt wrote: »

HOWEVER one of my little buddies from CAG has only decided to push the level of morale - he's taking a big DCA to court to argue that if the debt is technically unenforceable then the CRA's shouldn't be allowed to publish the account data, cos the account doesn't exist!

Phew - hope that makes sense

Never, is he updating a thread over there about his court action...?. If so post a link please:D .

---lee---

I think NID is refering to UK26 here. Be warned, there is a fair bit of reading there but it's worth it.

Suzi9998

In resonse to a couple of people's questions. All post has been sent by special delivery and I have photographic evidence that it has been received.

Lloyds have acknowledged that I have requested the agreement but say they have a high volume of requests so apologise for the delay in responding.

Lloyds customer service are refusing to acknowlege that they are acting illegally and say that I am disputing the account not them and that they will continue to take payments from me regardless of the dispute.

This seems wrong to me as what is the point of the CCA!

Very frustrated! Has anyone any thoughts on what I can do?

Suzi9998

aj2703 wrote: »

I wasn't aware you had to submit the request on any basis .

OP. Did you send the request template letters from this site..?. If so did you send it recorded delivery..?. http://forums.moneysavingexpert.com/showthread.html?t=963087

Template Letters here

Yes templates were used from this website and all letters were sent special delivery, I have photographic evidence of signatures for delivery of all letters!

never-in-doubt

---lee--- wrote: »

I think NID is refering to UK26 here. Be warned, there is a fair bit of reading there but it's worth it.

Noooo - that's Dave (UK26) and he's also suing Lowells (DCA) - i'm specifically talking about someone else who is actually trying to change the laws! Threads are private at mo so will let you know more when I know more as I cannot link or post extracts at the moment, not publicly or by PM - sorry but can't risk them losing their case..... :beer: