Lowell/Lloyds help

Chewbert

Hi all and may I just say what a wonderful site. I'm looking forward to exploring and finding some money saving tips!

I've been receiving letters in the last few months for a credit card debt with Lloyds that stands at just under £2000. Previous letters have said pay up or we may commence legal action/CCJ etc.

The next one received was a letter offering a discount to resolve the matter:
Pay 50% of the balance to settle the account.
Pay £40 per month until the balance is cleared
Call us to set up a monthly payment plan.

If you don't agree a payment plan, we will have no alternative but to commence with legal action against you. This will result in you receiving a summons from the court as we will apply for a CCJ. If we are successful in obtaining a CCJ it will remain on your credit file for six years.

The card was taken out in 2004 and there's no charges to reclaim.

I sent off a CCA request at the end of January, they replied saying they'd contact Lloyds for the original agreement.
This morning, I've received a stuffed envelope through the post which reads, 'Please find enclosed a copy of your original credit agreement with Lloyds in response to your request to us'
Please also find enclosed copy statements for your perusal and attention.
We look forward to your proposals for repayment within the next 14 days.

Here is what i've been sent. It's 2 pages, the first says 'Your Credit Card application and agreement'
The second, on a seperate piece of paper is headed ' Lloyds TSB credit card conditions - the Bank's copy'
These conditions are effective from 1st October 2002.

I've tried to upload a picture of it but won't let me due to insufficient posts? If someone knows how i can upload please let me know.
It basically has my name, address at the time, mothers maiden name, signature (dated)

Is this acceptable and what is my next course of action?

Thank you to anyone in advance.

matttye

When did you last pay towards the debt or acknowledge it in writing?

Chewbert

They've sent loads of statements and screenshots and from those, it looks like the last payment was 10th Dec 2009.My credit file says the default was 10/7/2010.
No acknowledgement in writing, just a request for a CCA

sourcrates

Hi,
For a debt as old as yours they would need to provide a copy of the "ORIGINAL AGREEMENT", not an application form, not a statement, not a piece of loo roll with the word "agreement" written on it, unless its an exact copy of the document you signed then it does not comply with your CCA request, sounds like they know that with the age of the debt they don't have the correct paperwork and have tried to fob you off with an "application form".
Looks like you may have an unenforceable agreement here as a lot of the terms and conditions applicable to the account would have been missed off as well.

Chewbert

Thank you. Is there a way of posting this up for people to have a look at? How many posts do you have to make to post a link?

matttye

Chewbert wrote: »

Thank you. Is there a way of posting this up for people to have a look at? How many posts do you have to make to post a link?

Change the www. To xxx. At the start and then we can change it back to look at the link.

I think the not posting links rule is to stop spammers and you're clearly not a spammer, so I don't think circumventing the filter will be a problem in your case.

sourcrates

Chewbert wrote: »

Thank you. Is there a way of posting this up for people to have a look at? How many posts do you have to make to post a link?

Im not sure on that one, but you can check it yourself, it should show the following prescribed terms :


amount of credit, credit limit, interest rate applicable, name, address, signature, there are various other terms too, is it an application form, or an agreement bearing your signature ?

girlsmum

there is something here about uploading pics
https://forums.moneysavingexpert.com/discussion/1690399

look at the bit in red at the bottom, its a old post so not sure if it has changed

Chewbert

Hope this works....http changed to xxxx

xxxx://i796.photobucket.com/albums/yy246/themaestro8/Mobile%20Uploads/cbe6670d-c644-47e0-a9b7-c7ef121beb35.jpg

matttye

*link removed as some of op's details still present in image*

matttye

Looks like a legit, original credit agreement to me.