Unenforceability & Template Letters III

samhuzz

never-in-doubt wrote: »

Hah - you make me laugh! Really.....

Ok, well make one last call to them and get the account numbers, do not say why - just say "for my records"..... then when you have those, send the CCA Requests off.

Thanks I'll do that tomorrow, bet they won't be open today. Now just need to find a way to get out of paying back tax credits overpayments and I'll be sorted lol.

Thanks again, Sam

samhuzz

Hi NIDs and everyone again

Just managed to get my credit report online from Experian using my partner's card! :jHowever, it doesn't mention Lloyds TSB debt/BLS or my CCJ(s). Is it because they only asked me for my current and last address? If this is the case, how come Lloyds haven't added the debt to my new address on there? Cap 1 and HFC have. Hope this makes sense!

never-in-doubt

samhuzz wrote: »

Hi NIDs and everyone again

Just managed to get my credit report online from Experian using my partner's card! :jHowever, it doesn't mention Lloyds TSB debt/BLS or my CCJ(s). Is it because they only asked me for my current and last address? If this is the case, how come Lloyds haven't added the debt to my new address on there? Cap 1 and HFC have. Hope this makes sense!

Cos some Lloyds products report to Equifax, as I say its best to get a paper copy in front of you

CCJ's don't always end up on your credit file as they come under what is known as Public Data i.e. the lender can search registry trust and find this - they all use it so u cannot hide from a CCJ.

Rainbow_Liberty

Mrs Niddy not accepting PM's :-(

never-in-doubt

Rainbow_Liberty wrote: »

Mrs Niddy not accepting PM's :-(

Wrong thread LOL - should be fine now though

Snapp3r

This was an interesting read as I am trying to remove two incorrect credit account entries shown on my credit report that I never signed up to.

However my problem is a little deeper as the accounts are shown as 'settled' and If I read the CCA 1974 s. 77 & 78 correctly these two clauses only apply to accounts still active.

In which case does anyone know if there is any alternative statute in place to enforce a creditor to supply a true and certified copy of my credit agreement for settled accounts?

Thanks in advance.

Chris.

macka09_2

Am I correct in thinking that I can send for a CCA if my Lloyds debt was taken out before 2007, regardless of whether I have a CCJ?

Rainbow_Liberty

macka09 wrote: »

Am I correct in thinking that I can send for a CCA if my Lloyds debt was taken out before 2007, regardless of whether I have a CCJ?

Niddy will put you straight but I think that if you have a CCJ regarding the debt with Lloyds then you are too late for the CCA route as they have already taken you to court to prove you still owe the money.

If however, your CCJ is not from Lloyds but another debt then I think you can CCA them.

Like I said, Niddy will guide you properly

never-in-doubt

Snapp3r wrote: »

This was an interesting read as I am trying to remove two incorrect credit account entries shown on my credit report that I never signed up to.

Then contact the CRA's directly and utilise their formal complaints process, advise and confirm you never opened or applied for the accounts and demand removal. If they refer you back to the lender, then at least you'll be on the right track - if the lender and/or CRA then fob you off you complain to the ICO.

Snapp3r wrote: »

However my problem is a little deeper as the accounts are shown as 'settled' and If I read the CCA 1974 s. 77 & 78 correctly these two clauses only apply to accounts still active.

You're correct, s.78 only applies where a balance remains outstanding. However a settled account is not a bad thing, if they are showing [0]'s then it will do you no harm, either way. You cannot though, utilise s.78.

Snapp3r wrote: »

In which case does anyone know if there is any alternative statute in place to enforce a creditor to supply a true and certified copy of my credit agreement for settled accounts?

Yea, a Subject Access Request - however you have stated the accounts are not yours ergo it will not be your credit agreement, right? Unless i'm missing something here, it doesn't add up why you're so concerned unless they are your accounts or data is incorrect/missed payments whatever?

SAR Template here (remember to pay a tenner)! - SAR Request - Advanced Version

never-in-doubt

macka09 wrote: »

Am I correct in thinking that I can send for a CCA if my Lloyds debt was taken out before 2007, regardless of whether I have a CCJ?

If you got a CCJ then forget s.78 cos the CCJ has already been issued, i.e. the judge has already enforced the agreement in favour of the lender so you cannot now claim it is unenforceable.

So no, you cannot argue for unenforceability - not with a CCJ.