Thread: Sechiari, Clark & Mitchell/ No CCA from Lloyds **WON**

On the XX January 2008 I sent a CCA request + the £1.00 fee to Lloyds TSB Visa. They issued a Default notice on XX January 2008, although there was a few days left of the 12+2 days, I sent out the follow up letter 30 + 2 days. I have proof of receipt for both these letters. Still no CCA, however this letter arrived from Sechiari, Clark & Mitchell arrived this morning.




I have sent them this letter (which I believe was created by pt2537 ) APOLOGIES TO CURLY BEN WHOSE LETTER THIS IS

Dear Sirs

I refer to your letter of 20th February 2008 which was received today.

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement requests (Consumer Credit Act, 1974); dated XX January and XX January 2008 for both of which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client has until 6th March 2008 to comply with a legal request.

Should your client 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 Lloyds TSB under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

************************

Although it is a bit late to ask.. have I done the right thing

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I have been arguing with ltsb and various DCAs and SC&M for about six months on non-production of CCA. LTSB wrote saying that as the alleged debt was more than 6 years old they had no obligation to keep the agreement.

Prepare for a lengthy chain of useless correspondence. I have even asked them to take it to court if they are so sure that the debt is enforceable.

I have actually got very bored with writing back - total waste of time.

I do like that letter of Paul's - don't think I've used it - YET.

They are so determined - bless them Eventually they will learn I hope.

Someone should draw a graph on the relationship between how much they hassle you and how much you are scared by the threatograms. I am so immune to them now I just open them and file them away. If I feel like using some valuable ink I might occasionally reply.

Folks,

I hate to say it but I truly believe the only way you will sort this sort of thing out is taking them to court - what they are doing amounts to harassment and they know it

If they have no valid CCA to send a copy of they cannot enforce the debt and the Wilson case makes clear that alternative methods (DCA's, etc) are not allowed

I appreciate to some the court option is intimidating (not to mention costly) but from my experience it is the only way you get results

This obviously should not be the case and we should be able to rely on Trading Standards, OFT, etc to take our cases up

Again (in my experience) this seems to be rarely worth the time and effort

Ah well, having sent Curlyben's letter off to SC&M on XX February and it was signed for on the XX I wasnt expecting a reply and I wasnt disappointed.. I didnt.

However, in today's post was the monthly statement with a little message which I nearly missed..

"your account is seriously overdue and in view of this we have instructed a debt collection Agent, MHA Collections. If you are unable to make the payment on this statement you msut phone them immediately."

Well obviously the payment wont be made because Lloyds havent complied with the CCA request sent at the beginning of January.

So I guess we just wait until MHA contact us.. yes !!!.

citizenb have a read of this thread....as ncf355 says you taking them to court may be the only way of getting rid of this...and also bear in mind it is against the OFT guidelines to pass a debt on whilst it is in dispute...

http://www.consumeractiongroup.co.uk...formation.html

I'm glad The Library was of use.
I'll keep an eye on what they want to do next.

Well today OH received the letter from the dreaded MHA Collections.

Their letter dated XX March 2008 reads as follows:

Dear Sir,

Account XXXX XXXX XXXX XXXX

We have been instructed by Lloyds TSB Bank plc, to recover the arrears of £xxx.00 as you have failed to respond to their requests for payment.

If you do not IMMEDIATELY forward a payment of £XX.00 to the above address or alternatively, make a payment at your nearest Lloyds TSB Branch TODAY, Sechiarie Clark & Mitchell (Solicitors) may commence legal proceedings against you.

If you withhold payment and a judgement is obrained against you, this will be recorded in a Public Register. Most Banks, Building Societies and Finance Companies consult this when considering applications for credit facilities, therefore, you may experience severe difficulties when obtaining any form of credit in the future.

If you are unable to make this payment, you muct telephone us TODAY with your proposals.

We urge you to give thiis matter your immediate attention.

Yours sincerely

MHA Collections.


************************* *******88

Hmmm, now I is really scared.. SCuM had already been warned off with at Curlyben letter so why would they use them again.. perhaps they have eaten their shredded wheat since their last letter to me.

Also, am I seriously expected to have received the letter the same day they sent it out so I could make the payment (not) on the TODAY they mention or perhaps they didnt mean that TODAY.. but the TODAY I received the letter.. Confused.. Well I wasnt until I got the darn letter

Okey dokey. This is the last letter any one representing Lloyds gets from me.

I shall politely remind them that their own letter wouldnt look too good in court, and as I have already advised SCuM (I will enclose the letter I sent) that I will be happy to see them, Lloyds and MHA explain themselves to a Judge. .. bring it on.