Thread: Sechiari, Clark & Mitchell - Lloyds TSB - CCA Request

Hey guys, I another request for help.

Another credit card I'm working on (I have a thread in the Natwest forum) is from Lloyds TSB.

Brief summary of account:
Lloyds TSB Credit Card opened approx 2004.
Financial difficulties. Arranged payment plan of £30 pm.
TSB raises demand to £78 pm.
Defaulted September 2008.
Account passed to M.H.A Collections (apparently a trading name of TSB). October 08.
Letter from Sechiari, Clark & Mitchell - Solicitors - 19th December 08 - advising immediate payment or arranging repayment plan with TSB. Failure will result in legal action.

CCA Request sent to Lloyds TSB on 9th January 2009:

Account/Reference Number XXXXXXXXXXXX
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Letter sent to TSB because the solicitors told me to contact TSB directly.

One of the things I wanted to remark on was TSB telling me that they no longer allow interest-free repayments on default accounts. Neither will they freeze (or even stop) any interest, despite me having sent them a letter requesting this (which they have not even acknowledged)
They also rose the repayments from an affordable £30 (with frozen Interest) to £78 (with account accruing Interest at usual rate) which caused me financial hardship, resulting in the default and this mess.

Despite repeated (and VERY misleading) telephone conversations TSB are still on me over this. I was wondering whether letting it get to court - and having a summary judgement - would be the better idea? At least they'd freeze the crippling interest charges which are almost as much as they want me to pay in demands!


I will continue to update this thread as I get more news.

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Update:

The 12+2 Days have now passed. They have not acknowledged receipt of my original request. I have proof of delivery via the Post Office website tracker.


I have received my regular statement from Lloyds TSB in the meantime. It is interesting to note that they have;

Cancelled my Account with themselves (finally, after repeated asking by myself)
Stopped all interest being credited to the closed account (as before)
Started requesting the "Original" monthly payment of £78 (as if nothing has happened in the meantime)

In the statement was a brief letter stating that I had "Missed" two £78 payments, and if I would just like to make those we'd be back on track for the monthly fee of £78. No mention is made of the CCA request, nor any previous missed payments.

I have noticed however that TSB haven't contacted me by telephone. They're usually overeager when it comes to harassing phone calls, but I haven't received any at all.

I will be sending them an Account in Dispute letter, along with an original copy of the CCA request.

More news as I get it.

Update:

I was contacted today by Allied International Credit (UK) Ltd. It seems that Sechiari, Clark & Mitchell has passed it on to this new company.

It was a compliment slip with the typed text:

Our client has informed us that under their terms and conditions as formal Demand has been made, payment of the full outstanding balance must be made immediately.

Should you need to discuss your account, please urgently call: *******

My own reply - sent via recorded delivery is:

Dear Sir/Madam

Re: Outstanding Balance: Your ref: xxxxxx

Thank you for your letter dated 2 February 2009 demanding payment. However it falls to me to inform you that the Account in question is in Legal Dispute as of 27 January 2009.

By Law a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

* 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.

I reserve the right to report your actions to any such regulatory authorities as I see fit, particularly as your Client has clearly breached the Consumer Credit Act.

As you are no doubt aware section 77(6) states:
If the creditor fails to comply with Subsection (1)
(a) He is not entitled , while the default continues, to enforce the agreement.
Therefore this account has become unenforceable at law.

As a consequence any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully

More updates as they happen.