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Damselfish

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Everything posted by Damselfish

  1. I don't have a correct address! I was merely commenting that it was poor to send a letter with incorrect email and web address, made me wonder if the company was even legit! I will see what comes through the post and then start a new thread if need be. Thanks
  2. Hi, Has there been any further update on this? I have been paying Lloyds for the last year or more but they informed me today that my debt had been passed to Westcot. Interestingly, the web address that they gave is not Westcot Credit Services, and the website actually says they are not! I have had CCA from Lloyds in the past. I am waiting for inevitable letter from Westcot so should I do a CCA request to them, or assume that they'll have the one Lloyds sent me? Not sure why Lloyds passed it over as I've been paying every month! Thanks
  3. Hi, I requested a statement of account from Lloyds a few months ago and they sent me one stating that I owed £2xxx, but that the account was fine etc etc. This was different to what I was expecting, but still they sent me the statement. I wrote to them asking for a settlement figure based on this statement. I never got a response. A few months later I heard from a DCA requesting payment of £6xxx! Slightly different. I wrote to them attaching the statement of account, and I never heard from them again! I have now had another unrequested statement of account from Lloyds stating I owe £6xxx! Now, there have been no additions to the account, only some subtractions. What is my position? I want to write to them and point out that they need to correct the account to the £2xxx as per their last statement as no additional money has been added to the account (cards were cut up years ago!). But, can I do this? Can Lloyds keep changing the amount I owe to suit them? Thanks
  4. Thank you. Does anyone have any experience about the changing amounts? Does the latest statement stand? Why would they have reduced the amount by £4000? Thanks
  5. Also, here is a link to the CCA that Lloyds sent me, the original, is it enforceable please? http://s1035.photobucket.com/home/Damselfish_2010 Thanks DF
  6. Any advice gratefully received! I am unsure as to whether to contact DCA, LLoyds or anyone now. Thanks DF
  7. Hi, Thanks m2ae. I have now had another letter from Lloyds. They obviously realised their error on the reconstituted agreement, when they found an old executed one. They have now sent me a new reconstituted agreement with the address on it that I had when an agreement was taken out. They ahve also sent me the agreement. It was taken out in 1996 and I believe may not be enforceable because it does not have all the correct components. However, interestingly Lloyds also sent a statement of account in which they inform me that the balance I owe is £4000 less than the last letter, and the letter from the DCA! They also say in the statement that I ahve no arrears, and give me a payment and due date. Does this mean that they have looked at the agreement and realised some of the costs attributed to the account were illegal? Does it mean its an error? Its a signed statement of account, so presumably a legal document and hard for them to go back on? Has anyone else experienced this? I still haven't replied to the DCA but am tempted to ring Lloyds to check my balance?! What do you think? Thanks
  8. Thank you very much. As I understand it the DCA cannot instigate legal proceedings, it has to be Lloyds, is that right? I guess the DCA will hand it back to Lloyds when they get no response from me. I don't want a doorstep call though, so should I send a shorter letter just saying 'account in dispute', send CCA and don't come to the door etc etc? Thanks,
  9. Please can somebody advise as to whether the above is the right way to go? Thanks in anticipation! Damsel Fish
  10. Hi, Before I send this - how does it look to you? Thank you for your letter of 24th September 2010, the contents of which have been noted. I have requested from Lloyds and from previous DCAs a true copy of the original Consumer Credit Agreement for the above alleged account. No such document has been provided. Lloyds have informed me that they cannot find such a document, and previous DCAs have returned the account to Lloyds. In light of the lack of an executed CCA it is against OFT rules to threaten legal action, which I note you do in your letter of the 24th September 2010. I will therefore be reporting you to the OFT. On my last request, Lloyds sent me a reconstituted CCA, however, as they have also admitted that they cannot find an executed agreement, this does pose the question of where this CCA has been reconstituted from. In addition, the rules for reconstituted CCAs clearly state that they should contain the same information that would have been present on an original CCA, e.g. address at the time of setting up an alleged agreement. The ‘reconstituted’ CCA that Lloyds have provided does not do this. It merely contains my current address! The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore, 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 carried out before you/your client enters into a default situation. This limit expired on 7th June 2010. As you are no doubt aware section 78(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 you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it and failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. 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. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. Please also be advised that I will only communicate with you in writing. I have noted your attempts to contact me by telephone and these have been duly logged by time and date. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Thanks!
  11. Thank you, that is very helpful. Lloyds haven't threatened legal action, only the DCA. I will write to DCA, requesting CCA again, and informing them that I will call police if they send a doorstop person (they have threatened this too). Thanks.
  12. Thank you. What would be the grounds for reporting them? The fact that their representative has threatened court action? lloyds themselves have only said that the provision of the reconstituted CCA is sufficient to make the agreement enforceable. I would contest that as the court ruling on this issue also said that the details should contain things like the address as it would have been at the time an agreement was taken out, not my current address. Sorry, I am still wondering what I should do with regard to this current DCA? As I see it my options are: - Nothing - Letter requesting CCA - Letter detailing what has already happened and that the reconstituted CCA is not compliant - Complaint to DCA that the account is already in dispute and therefore should never have been passed, etc Any of these possibly with reporting them to the authorities. Thanks
  13. Hi, I only mean it is a moot point in that Lloyds have already said they can't find the CCA. Obviously because of that admission I have a stronger case. I was considering writing to this latest DCA along the following lines: - 2 DCAs have already handed this back to Lloyds for non-compliance - Lloyds have admitted they cannot find CCA - Lloyds have sent a reconstitued CCA, which they feel satisfies the CCA request, but because it contains no date (as an original would have done) and the address given is my current address, not the address that would have been present should a CCA have been executed, it is not valid and therefore Lloyds are still in default. - In addition Lloyds have admitted they cannot find CCA, so how can it be reconstituted? - A reconstituted CCA does not prove execution - Trespassers will be prosecuted! What do you all think? Thanks Damsel Fish
  14. Ok, so got the letter as expected today from Credit Security Ltd. They say that they have been instructed Lloyds to recover the debt. They demand immediate payment otherwise debt collectors and County Court Judgements! So, what should I do? Should I write as I outlined above to them, and Lloyds? Should I also include the section on not giving an appointment to debt collectors and trespassing if they come onto the property? Thanks! Damsel Fish
  15. A little update! I haven't heard anything from Lloyds but had a missed call tonight from who I have deduced to be Credit Services Ltd. They left a message saying it was VITAL I called them. I won't be doing that. I assume I will have a letter from them in due course. What should I say in my response? A general request for CCA is a bit moot now as I have already done this and Lloyds have said they won't play that anymore! Should I reiterate what has happened? Inform them of the other two DCAs responses on the CCA front, i.e. there wasn't one and therefore no further action, and that Lloyds had subsequently provided a reconstituted CCA, with my current address, when any agreement would never have had that address!!! Therefore not a reconstituted CCA at all, and they told me that they couldn't find the original! I assume though that they will be pretty nasty in their letter. Should I send the same letter to Lloyds too, or is me telling them that the reconstituted CCA they have sent me does not contain the right address, a bit like handing over my best weapon in my defence, should this ever go to court? How should I word the bit about the incorrect address? I don't want to imply that there was an agreement, but I do want them to know that what they have sent me is not enforceable! Also, as they have sent a reconstituted CCA, is that now legally binding? Or, can they send me another one, which supersedes it with different details, perhaps the correct address details, on it? Thanks!
  16. They must be aware of this and are simply trying to scare me into an agreement or paying them more money. I guess they may send it back out to DCAs again, and I have two letters from different ones of these saying there is no CCA as well! Tbh I think I did sign something years ago, back in 1996 probably. I wasn't complaining about repaying them until they started trying to get everything at once and sent it out to DCAs, all of a sudden! Now, because of their behaviour, I do not see why I should play their game anymore! I guess they may find the original but it is also possible that if they do it won't be valid anyway, because it is so old and may not have all the prescribed terms. It is also possible that the reconstituted one they sent me mysteriously does contain all the correct terms!
  17. Ah ok, I do, finally, get it now! Although, because they have the wrong address this would mean it wasn't reconstituted according to the judges ruling I think?!
  18. Thank you. I will draft a letter to Lloyds tomorrow, yawn too(!), and perhaps you could have a look at it? I'd rather not go to court! I know thats probably a problem as to win the fight I may have to face the enemy, but if it can be avoided by Lloyds recognising they have no case it would be great! Thanks
  19. Ha ha! That has made me smile! Thank you for all your help. I am tempted to write to Lloyds and point out that what they have sent me is not a reconstituted cca! But maybe that is asking for trouble?! I will look at CPRs on MoJ website. Thanks again.
  20. Thank you, I am getting the picture! I'm still a little uncertain as to what my next move should be with Lloyds though. Thanks!
  21. Thank you! It is becoming clearer! I am very appreciative for all your help. So, should I wait for Lloyds to come after me, and become the defendent and thus the onus would be on them to prove the CCA was executed. There seems to be a danger there in that they might find something. Or, do I write to them and lay this all out for them to get them off my back? What is a CPR request and how would I do that? Thanks very much.
  22. Thank you very much. That is very helpful. Is this affected by the changes of the recent court case ruling, where reconstituted ccas were decreed as acceptable instead of a true copy, even if the bank no longer had a true copy? The ruling did state though that it should be reconstituted so should contain such info as would have been at the time of signing, i.e. the address of the time etc. Thanks
  23. Thank you. Should I respond to Lloyds latest letter? Should I let them know that there reconstituted cca is clearly not reconstituted as it doesn't contain the details as they would have been when an original cca would have been signed? Should I also point out the other points or should I just wait now and see what they do next? I did raise with them the DCA comments but they just ignored that! Sorry, I am feeling a little like a fish out of water, as the goal posts seem to have recently changed with the judges ruling and I am not that clear about the different sections of the CCA and how to use them in my defence. Thanks
  24. Hi, I was wondering whether you could help? Lloyds have been chasing me for an alleged debt and they sent it to AI and then DM. I got both the DCAs off my back by asking for CCA and they said there wasn't one, so no further action would be taken. Lloyds then took it back and demanded payment. I did another CCA request from them and they have sent me a reconstituted CCA. They say they can't find the original but I should rest assured they would not have opened an account without sight of one! Now I know reconstituted CCAs have now been judged as acceptable, but, the one Lloyds sent to me does not have the correct address, as it should have the one that would have been on the original CCA, yes? Well, they have sent me one with my current address. Does this mean it is unenforceable or what?? How should I respond to Lloyds? I was originally repaying the alleged debt but I got angry when they transferred it to AIC and started demanding payment in full, all of a sudden! I am now very angry with them! Thanks
  25. Hi, I was wondering whether anybody had any advice on how to respond to Lloyds? Thanks
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