Lloyds Credit card dispute/ Telephone recordings too

Fry00

Hi all,

Firstly thanks for any advice and support in advance. I have lurked for a while and have only just registered today but I am aware that you are a friendly and helpful bunch

So this all started a few years back I got myself into problems being a bit irresponsible and took out a pile of credit cards and went a bit mad with them. At the beginning of this year it came I time for me to stop hiding all the debt collection letters from myself and deal with it. With the assistance of my elder sister who conveniently is also a lawyer.

I managed to agree repayment plans and even settle a couple of the smaller debts with the assistance of my sister along with setting up a payment plan to her. Basicly I pay her monthly and she doles out the money to the creditors. I am eternally grateful to her for her help and I can tell you that as soon as you involve family in it there is no way you will miss a payment! anyway I am rambling....

So at the end of this there was one debt left. We called the company and they had passed it back to Lloyds credit card department. So we called lloyds and eventually got through to the correct department and we began enquires about my debt with them and made it clear that we were calling to settle the outstanding amount in the short window of time that we had the funds available. They located my closed accounts but denied that I owed them any money. They checked and checked again putting me on hold several times talking to supervisors, double and triple checking at my request because I was sure there was outstanding debt. They said categorically that I didn't owe any money I made it clear that my lawyer was present. We made notes about the phone call afterwards and I took screen shots of my phone for the details of the call should I need to request a recording.

So a few months down the line wescot credit services write to me telling me I owe lloyds bank £600 ish in credit card debt. I dispute it and refer them back to lloyds denying any responsibility for the debt. They came back again telling me I do owe it. Several backwards and forwards letters from my sister to them. We provided them with details of the call and again referred them back to Lloyds to get a transcript of the call. They refused to do so. So I then looked into it and wrote them a letter with a cheque for £10 requesting the details and a transcript of this call that would prove I have no debt with them.

Well a letter today has arrived from Lloyds saying:

"Unfortunately we are unable to provide the call recordings you have requested as they are unobtainable on our systems due to retention periods"

Firstly I will be pursuing them for the return of my £10 as my letter gave the dates and times and surely if these were outside of their timeframe for the retention they would have known that immediately.

Secondly....... Help does anyone have any advice on my next move?

Sorry that was a bit epic.

Thanks in advance

Will

tallyhoh

No expert but it sounds like you didn't owe Lloyds any money at that time because they had sold the debt on to Westcot.

When was the last time you paid any money to this debt & who to?

Fry00

I'm not sure I have paid any money off this debt at all since they closed the account. I will check my records. They haven't sold the debt. I know that much but they have instructed wescot to act for them which as far as I know means that lloyds would still have seen this debt on their systems.

tallyhoh

Is Westcot acting for Lloyds or have they purchased the debt from them?

Fry00

tallyhoh wrote: »

Is Westcot acting for Lloyds or have they purchased the debt from them?

Acting for lloyds. Definitely

happy_bunny_2

Well, maybe send a formal written complaint to Wescot about the calls etc.

Once the fob you off officially, refer to FOS and let them sort it.

And if taken out pre April 2007, send them a CCA request. If they don't have the signed original then court action for them is out of the question. As long as for a credit card and not an overdraft.

Fry00

Do you have a link where I can read up on CCAs? Im a little ignorant. Thanks for the great advice so far!

happy_bunny_2

This us a letter to send along with a cheque or portal order for £1:
http://forums.moneysavingexpert.com/showpost.php?p=11636295&postcount=5

Send signed for. 14 days to respond.

If they can't supply anything, or it's not a copy of the one you signed, then chances are they don't have it. Its a very complicated topic, but if its unenforceable, they can't get a CCJ if defended.

Best post back once they respond.