Lloyds TSB was Accucard

[zazen.warrior]

I have CCA'd Lloyds TSB rgarding an alleged debt on what was formerly an Accucard Mastercard, nothing received in response, however this morning I recieved a very amateurish looking letter from 'Sechiari, Clark & Mitchell' solicitors advising they 'may' take court action in 7 days if I do not make full payment.

I feel the need for a polite yet firm reply, can anyone help me with a letter?

[diskmandave]

This usually does the trick....

Dear Sir/Madam,

Your Ref : xxxxx

Your Client : XXXX

I refer to your letter of xx/xx/2008, which was received today.

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

Yours faithfully,

Obviously, edit to suit and send by 1st class signed for, or guaranteed delivery if cost not an issue (£4.30 as opposed to £1.04).

Best wishes, Dave.

If my post was helpful don't forget to click the scales!

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	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[zazen.warrior]

Thanks Dave, it will be in the post recorded delivery on Monday.

[zazen.warrior]

Having still failed to provide my Agreement, I received today a statement from Lloyds TSB advising my account has now been passed to 'MHA Collections'.

Needless to say I will be declining their invitation to call.

Who are MHA; is there anything about them I should know???

Any help much appreciated.

Zazen

[diskmandave]

LTSB will try and run you around in circles if you let them. The next step is to write to them using their formal complaints procedure...
Lloyds TSB - Complaints procedure

Here's my own LTSB to have a read through...
http://www.consumeractiongroup.co.uk...ment-game.html

Regards, Dave.

[zazen.warrior]

Thanks again Dave, I'm guessing they perhaps haven't got the agreement or they would have surely produced it pdq.

It says I should write to the address on my statement however there isn't one on this statement only an address for cheque payments on the reverse, I'm more inclined to send my complaint to the collections centre in Andover, is this okay?

[zazen.warrior]

1 February 2008

Lloyds TSB
Collection Centre
Charlton Place
Charlton Road
Andover
Hampshire
S10 1RE

FORMAL COMPLAINT

Dear Sir / Madam,

Re:- Account Number *****************

I have written to you requesting a copy of the above credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

To date you have failed to comply with this request in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

The documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be provided before you enter into a default situation.

This limit has expired.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

Therefore I was somewhat perplexed today to receive a statement from Lloyds TSB with interest added; also advising you intend to refer the alleged debt to MHA Collections for recovery.


You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Sincerely,

A Debtor

[zazen.warrior]

I have now had a letter from MHA Collections (a trading name of Lloyds apparently so the alleged debt not gone anywhere) despite the letter above

Lots of 'may' and 'might', I have returned an 'in dispute; subject of a formal complaint and how bemused I am by it all letter'.

I must say Lloyds take the prize for confetti threats so far!

[zazen.warrior]

Have now received a response from Lloyds. It's taken them nearly three weeks to reply and a further 28 days to wait apparently.

[zazen.warrior]

I don't think they have it - I may be proved wrong!

[zazen.warrior]

Still nothing from Lloyds in response to my CCA request, or to my complaint - other than the holding letters above - should I do something proactive now or just leave it?

[citizenB]

I have just received a letter as your post #9. Having received nothing from Lloyds TSB since first requesting CCA in January and having seen off SCuM and MHA, I was actually surprised. Still we will see what happens next

http://www.consumeractiongroup.co.uk...tchell-no.html

[Patma]

Hi, I'm contemplating CCAing Lloyds /TSB for an account that started off life as an accucard, so I'd be very interested to hear if you have any news about your case. I notice it's been a while since you updated this thread, so hoping that means no news is good news. Patma

[zazen.warrior]

Well... I received this not long ago.

[zazen.warrior]

I sent this in response:

October 2008


Your Client :

Account No :



Dear Sirs


I refer to your letter of the content of which is noted.


THIS IS MY FINAL RESPONSE


remain in default of my formal request pursuant to s.77/78 of the Consumer Credit Act 1974, which was made on

I have, in actual fact, received several letters from which confirm there is NO AGREEMENT in relation to this alleged account and it is therefore UNENFORCEABLE at law.

Your letter is very clearly, for that reason, an unlawful demand for payment and is, in my view, contrary to s.5(2), s.6(a)(b)(c) and s.7 of the Consumer Protection from Unfair Trading Regulations 2008 as well as being in breach of the OFT guidance on Debt Collection.


For the avoidance of any doubt:

NO payment will be forthcoming in respect of this alleged debt.

I am of the view that your recent harassment of me via the telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and also the Protection from Harassment Act 1997; if it continues you will be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Continuance of these unsupported threats WILL results in serious legal ramifications for you and any of your employees who choose to ignore this FINAL response. I am in the process of taking legal action against over their unlawful pursuit of this disputed debt which action will now fall to as holders of the account and all expenses, charges and compensation will now accrue to .

Further, unless you can provide evidence of my explicit consent to the processing of my data by I now require you to confirm that you have deleted all my personal data from your systems. Failure to comply will result in a formal complaint to the Information Commissioner.

In the circumstances, I am unable to enter into any correspondence with you. Further discussion concerning this alleged debt must be conducted through the due process of the County Court system.

If you do not understand any part of this letter you should seek professional help

Kind Regards

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[zazen.warrior]

And today I received this; I did not, of course, ask for an 'application form'

[zazen.warrior]

I think this is a dead duck from their point of view, as they clearly do not have a CCA, and I very rarely hear anything about it from anyone

[42man]

Done Zazen...

[zazen.warrior]

Originally Posted by 42man

Done Zazen...

TY!

[42man]

How about this one ?

Dear Sirs,

I write in response to your letter dated XXXXX

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, and the absence of any documents disproving my points itself speaks volumes

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand/court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

I trust this outlines my position clearly enough for you

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales