Lloyds-TSB CC debt problem

Fribourg

My friend Daz just came to visit me and asked me if I could do this thread for him, his BT line has been cut off due to payments problems and no internet at the moment because of that.

He had a CC with Lloyds-TSB taken out in 2001, he stopped paying them on 2007, the debt was then £2000 something, then from 2008 he was harassed by Red Debt Collectors, (I believe part of lowell group) many calls a day, that at the end he started to pay them £40 a month, and so far he managesd to pay back nearly 800 quid, but remains about 1200, now he is in trouble, very short of money, was made redundant, he doesn't want to talk to them, las time he did talk on the phone to them, he got loads of verbal abuse.

In the other hand he thinks, after listen to me talking, that that debt could be unenforceable, but he didn't know about this tings at the time.

If it is the case, no idea on how to proceed, would stop paying them, and then asking for a CCA+Proof of default being any god thing to do??

What you people think is the best way to go??

Tixy

If he is planning to look into the possibility of it being unenforceable I wouldn't just stop paying until he does that.

Certainly he shouldn't ring them.

What I would suggest is that he first writes to them to say he has been made redundant and to offer a token payment each month (£1 or £5) whatever he can afford. possible template though will need to be amended - http://forums.moneysavingexpert.com/showpost.html?p=21937969&postcount=52

How has he been paying the £40 per month? its usually best to pay by standing order.

Then once he is making token payments he could then follow the usual route using the flow charts etc

spursfan14

He should not talk to them on the phone unless he is recording the calls. I would suggest he puts all correspondence in writing, sent recorded delivery with a copy for his own records. The address for Lowell is-

PO Box 172
Leeds
LS11 9WS

Wish him all the best!

Fribourg

@Tixy Yeap he was paying them by standing order from a different bank account he has

Ok, Daz is telling me that he was already without a job at the time they asked him that it was 40 a month, no less than that they would accept, before the 40 quid a month, he was paying TSB the 1 quid token payment at the time, but seems that TSB passed the debt to them. and then, is as I stated on the opening thread.

So seems he wants to go the unenforceability way, so he is thinking reduce the payment to 1 pound from next month, the due date is around the 11th Aug, and he will send the CCA request+proof of default.

Now, should he still pay them the 40 ar just a quid?? What do you think? and start the process following the chart and see where it goes

Tixy

Just a quid - if he is unemployed then thats almost certainly all he can afford - they won't like it but it is fair. Doing it be letter makes it harder for them to threaten and bully him.

If they have a number for him and call him then he should refuse to answer any security questions/confirm who he is. Or just put the phone down.
If they start ringing him frequently then there is a telephone harrasment letter he can send out.