Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Lloyds TSB v mav777


mav777
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1938 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

I'm new to the forum and really need some, any help would be appreciated, i'll try to keep things as anonymous as possible as you never know, but also to give you as much info as I can.

 

I have debts with Lloyds TSB, the last 3-5 years have been a living hell, both with our new born needing operations, a separation in our marriage and other things too.

I am currently unemployed and have around £12k of debts split between loan, CC and overdraft, approx £4,000 each.

 

I have been fighting this with Lloyds for the last 6-9 months approx, I have been with them for years and always paid CC overdraft and paid off other loans too. I did complain about them adding interest and hassasment and they agreed to freeze but they've added on again?.

 

My Mum has been able to source £7k for me from an inheritance and has offered me this as long as it wipes off my debts and allows me to move on with my life.

 

I offered this to Lloyds as a F & F but was refused,

they have since sent me a default letter which I don't mind as I already had a default prior to me having a f & f accepted a while back,

I have also offered them a £80 monthly payment as my sister would help me providing they freeze interest and allow me to clear the debts slowly, this has also been refused.

 

They have issued me with a few letters stating they "may" start proceedings but to be honest I really want done with it if I can as the stress is making me ill and is causing even more friction between my wife and I and I was hoping to get back together and also see more of my boy.

 

I have no income whatsoever and I am currently living with my parents and see my boy few a couple of hours everyday, My wife and boy are currently living at my house which has a mortgage, my wife pays for that, although when Lloyds asked me for an income and expenditure I just put living with my parents which was true.

 

Mainly the questions I wanted to ask was,

should I go to a debt management agency at this stage?

 

what is a dmp, sar, dca and do I need one?

 

the overdraft is years old I believe I did it online

 

the loan is around 3 or 4 years old

the cc was done years back,

they have said that they would allow £100 pcm plus interest on solely my overdraft but this would be to much and would never wipe off the debt.

 

I write letters to them and explain my situation but it is like no one actually reads them, If they at least said we would accept £8K or even £9K as a f & f then I could at least attempt to try and get the money from else where.

 

Anyone have any ideas how to fight these as its making ill.

 

Thanks in advance for all your time

 

P.S had moorcroft letters as well but they stopped pretty quickly.

Link to post
Share on other sites

firstly you need to do some readign up

the more you read the stronger we become.

 

DON'T go with anyone for a DMP unless its payplan or cccs NEVER pay to do it!

 

dmp is debt management plan

dca is debt collection agency

sar is subject access request.

 

if you are so short on cash i'd offer £5PCM on each, CERTAINLY not anything more

these are NOT priority debt, they can go wistle if they dont like it.

 

what about reclaiming unlawful charges [over limit/late etc etc]

and mis-sold PPI?

 

bet there's £100's to get back from them.

lloyds are not slow with their charges!

 

and i would certainly not offer anm F&F without them removing ALL neg markers from your CRA file - if not, its a waste of money!

 

dx

look in the blogs for sequenci's one - everything is there to help.....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks for all your help dx100uk,

 

Can't understand how some people manage to pay small amounts each month,

I've tried to read as much as possible but never really know where to start as each persons debts seems different.

 

As for my last debt it was settled in f & f although not much of a saving at all, I used my grandfathers inheritance,

 

I took out a £15K tesco loan, to payback £20K over 5 years,

i paid it for around a year at £330 a month so approx £4K paid (11K left minus interest),

 

I stopped paying it as I couldnt afford to, they then threatened to change the debt as secured through courts on my property and take me to court, which I really didnt want,

 

I had £8K off my grandfather and sold my car

 

I offered 7K to begin with but they said no way after over a year back and forth in the end the best they would accept with haggling was £10,300,

they said I owed £16,300 approx and that this was a saving of over 30% the max they could offer

but really I just managed to save the interest of 2 years that I'd had the loan,

they wouldnt even remove the default on my credit file and told me that they would have to mark the file as not paid in full

even though I used the appropriate templates and this is not because I wasn't haggling hard.

 

So i'm at a loss with this one as Lloyds TSB seem twice as tough as tesco, and really harass,

I'm afraid they are going to take me to court and add a CCJ along with putting the debt on my property

and I can't see how this will help me especially when trying to recover from depression and eventually trying to get a new job.

 

As for claiming charges back I thought that the banks had won that battle, and I didnt take out any insurance so I cant claim that back.

Link to post
Share on other sites

yes well this is it you see, they use every trick in the book to create a smokescreen of legitimacy over their threats and demands.

 

it's YOUR money, your financial situation, NOT theirs to control....YOU control it.

 

these debts are NOT PRIORITY and take a very low back seat.

 

 

they can threaten all they like about going to court and doing this and that

but at the end of the day, you pay them WHAT yOU CAN afford.

 

NO JUDGE will ever make you pay more

 

they'll be laughed out the door!

 

as for the charges/reclaiming...go get 'em!!!

 

only BANK ACCOUNT charges were sort of buffed away.

 

EVERYTHING ELSE CC.loans etc etc are all fair game & you can claim the int they charged on the charges too.

 

have a look a seqenci's blog

 

you mistake was paying it off sadly, those markers you have on your CRA file are as good a deterent as a CCJ.

 

total was of time paying any debt off if they will not mark it SETTLED & remove ALL negative markers.

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks a lot dx100uk,

 

Your making me feel a lot stronger about my debts, although at this point i'm still a little confused as to what they can or cant do and don't know if i would have the guts to go to court.

 

May I ask you some questions as I can see you know what your talking about, hopefully you can help

 

1. Can they change the debt to secured on my property, and do you think they would and if i lost that in court would I have to pay the fees?.

 

2. As regards to my credit file being bad I really dont care as I dont want anymore credit if I can at all help it, what would your next move be?,

was going to write to their last letter which asked for £1,000 or so otherwise court proceedings "may" happen,

 

I was going to explain there are 2 options either accept my f & f offer which is what I can to the max afford, or accept my pcm offer, if these are not acceptable then proceed with court if you must, do you think this would be the correct way to approach them at this point?.

 

3. Should I ask for my credit agreement even though i didnt take out any PPI?, would this help.

 

4. If it did goto court would I have to attend and if so would they ask initially how I got the loan and employment details etc etc or is it a case of the here and now?.

 

5. They actually sent someone to my property at the time I was visiting my son to actually give me a phone and say LLoyds TSB want to speak to you, that was around 3 months back as you can imagine I let loose on the phone, I really do not want to be embarrassed like that again, can they keep on doing this?.

 

6. Should I now be approaching a dma for help?.

 

7.Finally with regards to charges do you mean regular overdraft monthly interest?, or actual late charges?.

 

Thanks again for all your time, much appreciated :hand:

 

Sorry forgot to say at the moment I'm not paying them anything should I be paying what i can afford?

Edited by dx100uk
merge
Link to post
Share on other sites

Thanks a lot dx100uk,

 

Your making me feel a lot stronger about my debts, although at this point i'm still a little confused as to what they can or cant do and don't know if i would have the guts to go to court.

 

May I ask you some questions as I can see you know what your talking about, hopefully you can help

 

1. Can they change the debt to secured on my property, and do you think they would and if i lost that in court would I have to pay the fees?.

 

not if you pay 'something regularly' - that's what a DMP is - the only way it will get secured is IF it goes to court - IF they get a CCJ - then IF they get a later Charging Order - ALL VERY VERY rare IF you regularly pay SOMETHING.

as for 'court fees' - IF they get a CCJ or IF they THEN get a CO - then court fees WOULD apply.

 

 

2. As regards to my credit file being bad I really dont care as I dont want anymore credit if I can at all help it, what would your next move be?,

 

CCA everyone [barring the O/D - which will not have a CCA UNLESS you did sign something. and as above

I was going to write to their last letter which asked for £1,000 or so otherwise court proceedings "may" happen,

 

threat-o-gram - ignore

 

I was going to explain there are basically 2 options either accept my f & f offer which is what I can to the max afford, or accept my pcm offer,

 

if these are not acceptable then proceed with court if you must, do you think this would be the correct way to approach them at this point?.

 

NO CCA

 

3. Should I ask for my credit agreement even though i didnt take out any PPI?, would this help.

 

YES

 

 

4. If it did goto court would I have to attend and if so would they ask initially how I got the loan and employment details etc etc or is it a case of the here and now?.

 

you should ALWAYS attend court - all the history would be relevent

5. They actually sent someone to my property at the time I was visiting my son to actually give me a phone and say LLoyds TSB want to speak to you, that was around 3 months back as you can imagine I let loose on the phone, I really do not want to be embarrassed like that again, can they keep on doing this?.

 

yes but not to harrassment levels - however NEVER EVER talk about your debts over the phone - written comms only - it is your right - you are under NO legal obl to converse by phone

 

6. Should I now be approaching a dma for help?.

 

NO NEVER EVER use a DMA - do it yourself with help gathered from here.

7.Finally with regards to charges do you mean regular overdraft monthly interest?, or actual late charges?.

 

you cannot reclaim O/D charges as that is a bank A/C, however, that is notto say a charges reclaim cannot be used as a 'weapon' by you IF it ever went to court.

 

Thanks again for all your time, much appreciated :hand:

 

have you read sequenci's blog yet??????

 

Sorry forgot to say at the moment I'm not paying them anything should I be paying what i can afford?

 

what debts have you to whom?

and when was your last financial transaction on each

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi guys,

 

Just read sequenci's blog, very interesting and learnt a lot, especially the DRO which I didnt know about, shame that I have a mortgage, as that would have suited me especially since being on medication for severe depression.

 

Had I read this prior to settling my Tesco loan then I would most def had got them to write paid in full on credit file,

I think they caught me at a low point and I had the money and thought one problem solved,

they were adamant that they wouldn't do it and that it was against the law even when I threatened that I would withdraw the £10,300 offer which was a great offer,

 

they just kept threatening me that they would go for a CCJ then apply for secured on my home and gave me a time limit,

possibly now I should have called their bluff but was scared at the time,

and I thought any saving is something,

as I couldnt afford to pay it or the £16K (with interest over 5 years) outstanding.

 

My debts are all from Lloyds approx £12K,

approx 4K on each

Loan,

CC,

overdraft,

 

I honestly can't remember the exact date that I made a payment to all but I would have it a guess at approx last April/May 2010.

 

Just today received a letter stating that they would accept a F & F on one of the debts which translates to approx a 20% reduction of the total although they have added on around £800 of interest and charges which lowers the saving to around 5% if you take away the charges and interest as they had promised to do by letter from the complaints depot.

 

Thanks guys

Edited by dx100uk
spacing
Link to post
Share on other sites

Hello again.

 

The first thing I would like you to know is that you are in very safe hands with us on the forum. We have a very close-knit community with lots of folks in similar positions to yourself, there is plenty of help, advice and support on hand. I'm sorry to learn that you're not very well, I hope we can at least get these debt concerns sorted - so to help ease the pressure a little.

 

Just so you're aware, there are lots of guidelines that creditors should be following when it comes to debt and mental health, you can download some guidelines from this link (it's the top download on the page)

 

http://www.malg.org.uk/dmhdocslist.html

 

The guidelines are always great to quote from when you deal with your creditors (always in writing of course!)

 

Have you opened a 'safe' bank account yet? If not that should be high up on your to-do list!

Link to post
Share on other sites

  • 3 weeks later...

Hi guys,

 

Sequenci I sent you a pm a while back but there was no reply so I take it you don't answer PM's, thats cool I will use the standard forum.

Haven't contacted you guys for a while as I haven't received a lot from them and I was taking a break from it all,

 

letter they sent was a F&F settlement offer of £3,600 to clear a £4,800 loan debt,

I think they added extra interest and charges on the loan of around £300 to £600 which they said they wouldn't at one point.

technically a saving of a around £800.

 

I wrote back quite frank and said that I could only afford £2,150.

I know that this offer in itself is slightly high but its got to the point I want it settled and feel I should be fair.

 

They wrote back saying this was not acceptable and that it would be passed to their collections depot,

and it was their understanding that the collections depot will give me a further chance to pay the debt monthly,

even though I have no income and explained this to them at least 5 times.

 

They also included another income and exp form which I didn't return as there is no change and I have explained this to them in writing and only around 2 months returned another I/E form to them, so I believe they have 2 or 3 in total.

 

next thing I check my online account,

no sign anymore of my overdraft of approx £4,000 being on there and no sign of my CC of around £4,200 being on there?, but my loan still exists?.

 

Also my flexible saving account which I never used had transactions from my overdraft account upto 2006 and had a balance of £0?, so really weird.

 

I thought great they may have forgotten about it LOL but...........

 

Next I receive a letter from BLS,

which after doing a bit of research on are still Lloyds,

they are stating that they are recovering my overdraft of £3,262,

which is incorrect as I believe I owe around £4,200 although they may have taken off interest and charges as they said they would when I wrote a letter of complaint.

 

They are also saying in the letter i must contact by phone, or they will either ring me or send someone to visit.

 

At this stage should I challenge all 3 debts with a credit agreement?, also if I did my overdraft online and never signed anything is this still a binding contract?.

 

Should I contact BS (LOL) collections and offer a low settlement or monthly payment?,

at this point I am not paying any money on any debts should I be paying £1 on each.

 

Thanks guys for all your help in advance.

 

Oh yeah forgot to add thanks for the tip sequenci about a safe account,

I did try to open a few online but none would allow me,

ATM i'm using my sisters account if i do get a cheque or anything at all monetary,

(although everything is extremely tight ATM).

 

And I did read up about mental health docs too which are quite interesting,

saying that I have been trying on and off depression medication the last year,

have tried to stay off them the last few weeks but may go back on them if I feel i start to spiral down again.

 

Thanks again to you and dx100uk for all your help

Mav

Edited by dx100uk
merge
Link to post
Share on other sites

if they have removed your o/d it wont show

[i take it you mean their online banking website here?]

 

btw: have you checked your cra?

that might be worth while too

 

the only one you cannot cca is the o/d

the rest you can

but however, that doesn't make the debt go away even if it returns un-en

 

it might be better to sar them

don't forget you can reclaim all unlawful charges on loans and cc's and look at mis-sold ppi too!

 

i would not at this stage contact the dca .

 

lets get a plan together

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi guys,

 

Thanks for the reply dx100uk

 

The overdraft doesnt show on the online banking for some reason,

neither does the CC,

however the loan is still there and that is the one that they are negotiating ATM and made me an offer to settle.

 

To be fair I dont think I have been charged a lot of charges at all as I always paid my bills on time for the last 10 years or so,

my credit rating was excellent prior to the last year and a half and I didnt have Insurance on anything.

 

I haven't checked my Credit record for a while so I will do that and get back to you,

the more I think about it the more I regret paying my tesco loan back of £10,700,

really makes me mad should have let them take me to court or at least paid around 7K,

but I need to put that in the past now and learn from my mistakes.

 

I will reply to the letter sent by BLS with regards to my overdraft,

by requesting a SAR,

explaining that if they make a visit to the property I will not be there as I don't live there as I have told them numerous times should they knock and my estranged wife be there she will phone the Police for trespassing as we still speak and I don't want her to have any hassle through my debts.

I would have liked to eventually get back with her but these debts have added huge pressure on our relationship.

 

I will also put my position once again that I have no income and also suffering from depression and still not recovered from my split with my wife. Although I dont really know how to word the letter in the best way to maximise the effect for them to tread carefully and to treat me fairly.

 

Do you think I should make an offer of say 40% to settle with a time limit?,

saying the money will only be lent for so long a kind of take it or leave it offer?

something like £1,600?

to settle a £3,400 OD

 

Any ideas would be much appreciated.

 

At present I have received the same standard letters with regards to my CC and Loan,

they are default letters which say they may go to court,

and one prior to these said that they would go to court but they never did,

so I've learned to call their bluff, shame I hadn't learned that earlier with tesco's.

 

I'm going to wait for letters from them with regards to the loan and CC as I believe it is at the stage where they will make me an offer to settle.

 

Thanks

Edited by dx100uk
merge/tidy
Link to post
Share on other sites

Sequenci I sent you a pm a while back but there was no reply so I take it you don't answer PM's, thats cool I will use the standard forum.

 

Sorry about that, I do try and get back to everyone. I'm not on CAG as much as I would like to be at the moment as I'm in the middle of busiest part of the year at work. Sorry again!

Link to post
Share on other sites

  • 2 weeks later...

Hi guys,

 

Just a quick update, wrote to BLS regarding overdraft of £3250, explained that as they suggest in their letter I am unable to pay the debt in full, I have offered a F&F of £1,500 which I have explained may have a time limit. As the money is being loaned from family.

 

I have now received a letter for my CC,

the company is now wescot,

by the looks of it overdraft and CC have been sold on,

and loan still remains with Lloyds.

 

The letter is the same as most DCA letters pay or further action will be taken.

 

I would like to see my CRA

- do you know if (creditreportplus.co.uk)

- are reputable for me to put my info in,

it says free and 60 second report.

 

I have yet to SAR or CCA any of the debts,

should I SAR to Lloyds or wescot or BLS?.

 

I'm now waiting for BLS response,

apparently wescot are nasty buggers from what i have read so I will be cautious with these,

I am always writting letters and have never spoken over the phone.

 

Any advise guys?

Edited by dx100uk
spacing
Link to post
Share on other sites

and sar the oc only too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks dx will do, wescot keep phoning, read a bit about them and really hate them and haven't even spoken to them.

 

Wanted to ask a question and im pretty sure you guys would know

 

my mum was in debt with one of her accounts,

she has three accounts all together,

her seperate account and two joint accounts with my dad,

all accounts are with barclays.

 

When on the internet my dad asked her to transfer £4K from one joint account into another,

instead of clicking on the joint account she transferred it into her account which she was in debt and had been constantly charged heavily hence she just left it, once she had realized the error she quickly transferred the money from her account into the other joint account.

 

The transfer showed but then the money was taken to offset her account,

we have rang barclay card and complained to customer relations,

CR are saying they are willing to put the money back providing my mother can show proof that it is my dads money.

 

Problem is my mother constantly owes money to my dad as she always has a shortfall at the end of the month and she managed to rack around a £10K debt with dad.

 

The 4K which was in the joint account was the remainder of my mums inheritance of £20K,

around £17K of that was debts,

i.e 10K dad,

4K my sister and 3 she owed my uncle.

 

the remainder of the money has been spent by the two of them for bills etc,

but what was left was £4K so technically my mum still owes dad 6K.

 

question 1:

 

Can the bank do this?,

I appreciate they can offset if it was solely my mums account,

but if it was done in error and both parties are stating that it is my dads money,

 

also it showed that it technically got transferred twice as it showed in the joint account so doesnt that mean they actually took it out of a joint account and is this allowed,

 

ironically the account they took it out of has been opened for nearly 20 years and was an old woolwich account hence the t&c's may not have offsetting in them, where as when it was in the new joint account they didnt touch the money??.

 

My mother has been really stressed with this and its making her ill,

she did want to settle her debt with barclays but they were so unreasonable with charges that she didnt get anywhere with them,

plus the fact her father was dying of cancer meant that the account was last thing on her mind,

 

we have rung FOS and Consumer direct,

but both haven't really given full answers,

my granddad did write a letter stating that part of the 20K was belonging to my dad,

do you think this would suffice as evidence?.

 

Thanks kindly for any help

 

all the best

Mav

Edited by dx100uk
spacing
Link to post
Share on other sites

  • 2 weeks later...

Hi guys,

 

Haven't been very well last few weeks so haven't managed much with regards to SAR etc,

two days ago my wife whom i'm split with gave me a letter,

its from Wescott,

saying that they have made inquires and i do live at the address.

 

I am at the moment living with my parents,

but I have my name on the electoral register where my son and wife live,

they have threatened court action and or door collection agency and wrote it as a final notice they have given me 10 days to reply.

 

I have written this is it any good?.

 

Dear Sir or Madam,

 

Thank you for your letter dated the 21st of February 2011, this letter was handed to me on the 24th.

 

1. Your enquiries into myself living at *************** are wrong, I visit my son most days as I have always said and my name might be on the electoral register but since the split from my wife I do not reside there in future please send all correspondence to the above address where I am living temporarily.

 

2. I have never ignored your letters I have always contacted Lloyds or any debt collecting agency about my debts, I do this via letter, I have kept copies of everything I send.

 

3. I keep records of letters received and have also asked my estranged wife to keep an account of all the phone calls received which have harassed her, myself when I’m there and my 4 year old boy for approximately a year and a half.

 

4. As you are well aware I am unable to pay £4,360.15, I am not working and not in receipt of benefits at present my sisters and parents are totally supporting me.

 

5. Your attempt to threaten in your letter stating “FINAL NOTICE” legal action or door step visit are in breach of dealing with people with mental health guidelines, I am currently severely depressed and this has been well documented in past correspondence.

 

6. I have shown a repeated willingness to deal with my debts by offering a monthly payment of £10 which is all I can afford and also a fair final settlement of over 40% of the debt both have been declined and not even attempted to negotiate which in today’s climate of financial hardship you would think companies would be more understanding, I have been a member of LloydsTsb for over 16 years and have always paid my debts up until a series of unfortunate incidences.

 

7. I can explain this and document it to a judge along with threatening letters and harassment, should you feel the need to send someone to the address you have on file and I am there at the time, they will not be allowed on the premises and Police will be called for trespassing immediately. I am expressing a preference that all correspondence should be sent in writing this is due to my severe depression, any harassment either via letter or in person my family will hold your company responsible and liable for any subsequent actions I may take to myself due to the pressures and stresses your company are forcing on me.

 

8. Finally as you can imagine I do not enjoy being in this position and unfortunately the last 5 years have been extremely difficult I don’t in anyway expect a debt credit agency to be sympathetic but I would expect a business like approach to resolving this issue, my F&F offers were fair and I believed that I could finally move on from my debts, I had to almost beg family members to help they agreed and the offers were simply rejected.

 

What do you think guys, im trying to be as honest as possible, or should I simply ignore?.

 

Any help much appreciated

Mav

 

Any ideas guys?.

Edited by dx100uk
merge
Link to post
Share on other sites

Hi Mav

 

No expert - trying to resolve a similar situation for son in law - seems honest to me - would send. I am sure if it went to court a judge would be sympathetic to your case. By the way have you downloaded the new guide just published by Martin Lewis about debt and mental health. Have looked at it briefly and should be useful.

 

Sorry I cannot be more definite in m advice.

 

Intend

Link to post
Share on other sites

Thanks for a reply Intend,

 

Yes thats what i will do monday, at least it shows i am co-operating so if it does have to goto court i can show that to the judge along with everything else.

 

Thanks again

Mav

Link to post
Share on other sites

  • 7 years later...

Hi all,

 

Any help would be greatly appreciated.

 

Back in 2007 I took out a £5,000 loan at the same period I also had a £4,000 overdraft and £2,000 credit card.

I owed approx, £9,500

 

Due to unfortunate circumstances I lost my job and was going through other issues too.

I defaulted on all accounts and Lloyds sold the debts on to Caboot.

 

I explained at the time my history of mental health I. E anxiety and depression and explained that I had no money whatsoever to pay for the debts.

Due to my increasing anxiety at the time my sister was willing to pay a token fee on the debts and setup a standing order on her account and name.

Caboot seemed to agree and that was that but nothing was ever signed or put in writing it was done over the phone.

 

In the meantime I came on Cag for help and as always I had a great deal of support.

I was told that I should let them threaten and rant and basically do nothing,

I was also told to ask for my credit agreement in a letter,

but do not sign.

 

I did all of the above,

following this Caboot replied saying on the £4k+ loan they could not find the agreement and could not take the matter to court but that the debt was still remaining and I had a duty to pay it or words to that affect.

Hopefully i still have the letter.

That was around 8 years ago.

 

In the meantime I've had ups and downs,

my sister has consistently paid the debts and I've not updated them of a change of address or anything like that.

There are no ccjs on my accounts or anything like that either.

 

My sister did explain to me that initially she was paying around £12 a month for each debt for the first few years then as the years went by she slowly decreased this until she was only paying £1.

 

Then out of the blue I receive a phonecall on my mobile with a message to phone Caboot,

where they had my number from God only knows.

 

As you can imagine after being left quiet for 8 years this was a shock and out of the blue.

 

they said that they were phoning as the standing orders were firstly going to Lloyd's then they were forwarding them on to them and if I could change the details etc.

 

I was a little bit abrasive as I was in shock and said I didn't have any debts and that I had a letter back saying no credit agreement could be found,

I also said that I hadn't been paying the debts for which she replied who is then and I said don't know hastily and she said that was fraud,

she also said as they are being paid the statuary time limit was still ok even though they are debts from 2007,

I then explained I think my sister is paying them for me.

I told her I suffer from anxiety etc and she said she would pass me into the sensitive department team,

I give her a careof address due to this.

 

She then looked on the system and found the letter they had sent back in 2010 regarding the CCA and asked if I wanted this to be looked into regarding the other debt which in said yes please.

 

This was around 2 weeks ago and they have given me 30 days to get back to them.

 

I'm working myself up terrible,

I had recently been working with my family as they started a small family restaurant and in turn this has helped me get back onto the property ladder,

unfortunately after a massive falling out the restaurant has since closed ,

so in this moment in time I'm once again in limbo with my own kids and wife around me and debts.

 

These companies almost seem to sense blood its weird, 3 years ago I was in a much healthier position in all ways.

I dont know what I should really do next, I'm really sorry for being so long winded but I'm panicking for sure.

 

I don't mind paying the £3 a month,

I may be able to get £1,000 from my family if they agrees on a F&F settlement,

obviously in an ideal world I would like them to just close the accounts and leave me be in this difficult time.

 

Any help and suggestions greatly appreciated.

 

Thank you very much

Mav

Edited by dx100uk
spacing
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...