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thelooney

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  1. I sent my defence off to the court yesterday and also a letter to Hillesden (DLC). In this DLC letter I have basically requested a copy of my CCA. We'll see what happens although I have to admit to being a little anxious regarding timing.
  2. Well Hello I've received a court summons from Hillesden Securities (a Northampton one) and I'm after some advice on how to proceed. A little background first. I'd been paying Direct Legal and Collections (DLC) £20 a month since 2004. Last December I renegotiated with them a reduced payment of £5 per month. All in writing, all approved. Harrassing phone calls began in February when they claimed that I'd missed a payment. I provided proof from the bank that the money had indeed been payed, via standing order, but they refused to believe me. They accepted that I had proof of the money going to their account but told me that I needed to provide proof that their bank had accepted it. As I pointed out I do not have access to their account so how could I. This dragged on for a few weeks. Then they accepted that I had paid. Few weeks later they tried it on again. I pointed out their previous mistake, they had no record of this, here we go again. More harrasment until eventually, again, they conceded that they did have the money. Couple of weeks later one of their managers called to apologise for all this and told me that I needed to increase my payments. I pointed out that in December I had a written agreement for £5 per month and he told me in no uncertain terms that "you're dealing with me now and I didn't agree to that". He became very nasty on the phone demanding to speak to the person that had actually made the payments, my partner, so I passed the phone over. My partner was then threatened that if I did not increase my payments he, the manager, would get his solicitors involved. Fine said my partner and hung up. That was over 2 months ago. During which time I've still kept up my repayments. Out of the blue yesterday comes this court summons. I wouldn't care but only last week I was going to write to them enclosing a pound and asking for a CCA. Unfortunately I became weighed down in too many other problems. So, can anyone help me and explain what I should do next? Any help would be greatly appreciated.
  3. Hello Redfaze Yes I did do it all correctly, paid the statutory fee etc. The 40 days expired on April 23rd hence my further letters. I have just penned a letter to Penny. We'll see what happens.
  4. Hello Redfaze My last reply was to Nevos. On the subject of writing to Lloyds I hope you can see my reticence in doing so. I have written countless letters over the last 12 months, all sent recorded delivery and received by them, and they always do the same. Either they choose to ignore them or they apply fuzzy logic, replying in such a manner as to make no sense at all. The reason I'm going down the route of threatening court action is because they fail to respond. I've followed guidance from this site that indicated that this is the best way to procede. My frustration comes about because I've done everything properly. The correct letters sent, at the correct intervals, as the templates suggest. The reality is though that these organisations can, if they want, just ignore you. No amount of threatening action by me will change a thing. I don't doubt that many members of this forum board have been fortunate. Unfortunately I seem to be in the minority. For what it's worth I will try writing to this Penny Berryman. Thanks anyway. Don't mean to sound harsh it's just that I've now reached snapping point.
  5. Yep, to no avail. The last time I called them, about a month ago, they had no knowledge of any dispute, but they promised to call back. In a way Im glad they haven't because speaking to them only confuses the issue. They have to start all over again with, "right so what's the problem?". Back in April when I collected the bundle of documents they had for me I had to point out again about my address being wrong. Even though I had a letter from the data access team in my hand, clearly showing my correct address, the branch insisted that it did not appear on any Lloyds system. It's impossible. As each day rolls by it's only going to get worse.
  6. HELP HELP HELP PLEASE!!!! Unfortunately since my last post I've hit a brick wall. I desperately need some advice as to what to do next. Like I've said I've threatened Lloyds with court action but it's been a hollow threat as I don't know what to do. The court forms mention damages but make no mention of forcing compliance. Since this last post I've written back to Lloyds, to a different department who wrote to me about a particular complaint that I had never made, asking what's going on and why am I receiving someone else's post. No reply. Only yesterday I received a credit card statement that bore this other persons name. I now have personal information about somebody else. Have they been receiving my mail? I'm really at my wits end here as I just don't know what to do. As every day passes this tangled mess with Lloyds just gets more and more ridiculous. Any help would be deliriously appreciated.
  7. Well hello there Help needed. Starting out on the long road of claiming money back from Lloyds. Have reached the point where they have not sent all information from my SAR. My most recent letter ended "The time for compliance with my request expired on Monday April 23rd. If you do not comply fully with my Subject Access Request within the next 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court." All I have received from them since this letter of May 1st are 2 letters, sent to my home address, but bearing another customers name and account details! I'd like to think that they haven't sent my personal stuff out to somebody else but this is Lloyds. Anyway, what do I do next? I appreciate that the next move should be to take them to court to get them to comply but this is where I'm stuck. Looking at the small claims procedure I can't see anything about forcing compliance. Help.
  8. One quick query, should I be making a CCA request at the same time as my SAR? Have spent the last hour Dave reading through your thread. Fascinating. There's plenty of other things I should be getting on with at the moment but since I've started to trawl through this site I can't stop. It's like reading a great thriller, you don't want to put it down until you know who did it. Cheers thelooney
  9. Thanks I had a feeling that there may be an avenue regarding the property being undersold which is what I am now looking into. Hopefully my parents will have kept copies of everything from that period and I should be in a position to present a strong case. As for Robinson Way, I'll be sending them an SAR. I'll let you all know how I get on. Initially when I discovered this great site I had intended to use it to sort out my own woes, but with this problem of my parents I feel that I may be busy for quite some time . . . thelooney
  10. Hello There Thought I'd introduce myself with a huge puzzling problem. Difficult to know where to start, and I'm a bit of a waffler, so have patience. I've been asked by my mother to have a look at my father's financial affairs. He's a pensioner in very ill health and my mother's worried that if things are not looked at now then it could be too late. What I've discovered is astonishingly awful, and I'm sure not legal. Back in the late 80's he suffered a major heart attack, the upshot being that he had to sell off his business. A few years later, with the help of a solicitor, he discovered that he had been missold a particular mortgage protection policy meaning that interest had compounded, making his outstanding debt far higher than he had feared. The total owing on this mortgage, held with the Northern Rock, was now £22000. Coupled with this he also had a separate second mortgage, for £7000, with First National. At the time he explained to both companies his financial and personal health problems. To honour his commitments with both companies he came to an arrangement that his disability living allowance would be split 2 ways at the end of every month. This would give both companies approximately 50% of the required monthly sum. In 1995 he put the house up for sale, valued at the time for £49000. The state intervened due to his poor health and he and my mother were given a specially adapted bungalow. For the next year their house remained on the market but did not sell. They changed agents. A further 6 months down the line and the house had still not sold. They went there one morning to retrieve any post and were shocked to discover a possession order taped to the window. In this the Northern Rock gave them a period of weeks to clear the house of any effects they wished to keep. They contacted them in disgust, pointing out the regular payments they had been making, but the Northern Rock were unsympathetic. My father then made, in my opinion, a foolish decision. He said to my mother let it go. He had had enough of fighting and just wanted to get on with his life. Money no longer mattered to him. He believed that when the house was eventually sold the Northern Rock would keep their share and pass the excess onto him whereupon he could discharge the First National debt. Jump forward another few months and my parents had a chance encounter with an old neighbour who told them about "the new people living in your house". My father immediately contacted the Northern Rock who told him that they had indeed sold the house, for only £26000. They had kept £22000 for themselves and forwarded on to First National the other £4000. They warned my father that First National would be contacting them soon for the shortfall. My father was livid but was told by the Northern Rock that there was nothing he could do. As far as they were concerned the matter was closed. Sure enough First National did contact him. With a demand for just over £10000. He demanded to know how come the figure was so high and was told because of interest charges. At first they demanded full settlement of the debt but then agreed a monthly sum of £20. Things were fine for a few months but then the harassment started. First National would regularly call demanding more money. Then they started threatening legal action. My father told them to get on with it. A few months passed and a new Debt Collection Agency took on the account. Same thing, more harassment, more threats. Then about 7 years ago he received a letter from Robinson Way instructing him that they now had the debt. They wanted immediate settlement of over £10000. He offered £5 a week, they accepted. I have only just found out that this company is still harassing him. Even though he pays via standing order £5 per month as agreed they are regularly in contact. My mother informs me that every 6 months a cycle starts where they receive call after call threatening them with bailiffs, court appearances, prison even. She tells me that recently when my father explained to them that he is 68 and in very poor health they said they weren't interested. They were going to take him to court. Only last Thursday they sent another letter demanding an increase in payments. I have explained to my parents that in my opinion the whole sorry saga is wrong. I have told them that I believe Robinson Way are acting illegally. Parents being parents they think I am misguided. For all they don't agree with everything that has happened they are certain that these financial organisations must be acting within the law. How can they not be? Please tell me I haven't read this situation all wrong. Surely this can't be right? I'm currently trying to gather together as much evidence as possible. Letters, bank statements, etc. In the meantime any guidance would be greatly appreciated. thelooney P.S. Do I win a lollipop for longest first thread?
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