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Helmetfire

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  1. I have looked back through my old bank statements and I definitely paid them. Surely if they had any problem with my account they (Premier man) would have contacted me, they have my proper address and email? Should I send a letter to Lowells telling them that is what I plan to do? I thought that the statute barred limit was six years? Thank you for your advice.
  2. In January this year I received a letter from a company called Sigma Red informing me that they had passed my account with premier man to Lowells. Which was interesting because it was the first time I was aware of having an account with premier man! So I sent the standard letter to Lowells saying prove you have the right person or bog off. On 9th July I received a letter from Lowells with a photocopy of an unsigned credit agreement with this company, the name including the middle initial is the same as mine but the address is somewhere in South London that I have never lived at. The supposed debt is for £268.34. So, either there has been a cock up and there is someone out there with exactly the same name and initial as me (highly unlikely) and they think I'm going to pay their debt for them, or somebody has stolen my identity and some kind of fraud has taken place. I am not sure what the best way to proceed is. Should I just tell them to bog off again or will they just think I am avoiding paying and take proceedings further. Your advice would be much appreciated. I should add finally that the account was apparently opened on 9/7/2011 which happens to be around the same time that I did actually buy some trousers for my partner from the said Premier Man, they were paid for in full at the time, and they were so horrible I vowed never to buy anything else from them!
  3. Thank you all for your speedy replies...I am not acting legally on behalf of my FIL but trying to take the weight off MIL by composing something for her to send to Westcot, and obtaining the best possible adivice from people who know what they are talking about (namely all of you). So the concensus is that an offer of £1 per month would be preferable to asking for the debt to be written off?
  4. Hello good people, I am hoping that you can give me some of your sage advice. My Father in law (FIL) has an 11k debt that he has been making a voluntary small monthly payment towards (£35). FIL has dementia and has recently deteriorated to the point where he has been taken into hospital for his, and everyone else's protection. He is currently being found a place in a care home. His only income is his pension which will be going towards paying for his care. My Mother in Law also only lives on her pension and so does not have the money to continue to pay this amount to Westcot. (I don't know how they afforded it up to now anyway?). I have told her that she should write to Westcot explaining the situation and telling them that FIL can no longer afford to make the payments and that they should write off the debt. I can't see them taking this to court can you? FIL is not even of sound mind any more so I don't see that he can really be held responsible for this debt anymore? btw. There is not likely to be anything left in a will should he die as they don't have anything. I would appreciate your collective wisdom in this matter.
  5. Thanks....I should point out that this account it about 15 years old and I was paying what small amount I could afford for about 8 years! It was only when I was no longer able to afford to pay that I discovered CAG and went down the CCA route....They have had more money from me towards this account than they would ever have got by selling it on so I don't feel morally obliged to them at all, I realise that I am legally obliged to repay the debt...but they are legally obliged to proved me with the CCA and they have not done so. I am not a "won't pay" I am a "can't pay". eta: The account has long since fallen off of my credit reference, and I think I am right in saying that they can't default me again unless they provide the necessary documentation:?: Not that I'm bothered I don't want any credit anyway:roll:
  6. I posted this on 10th January: Lloyds TSB/Westcot. Your advice would be greatly appreciated I would greatly appreciate your help with this matter....Here goes....I made a CCA request to Lloyds TSB regarding an old credit card account that I had been paying small amounts towards. I could no longer afford to pay even the small amount and then I found CAG and got wise. Lloyds were unable to provide the credit agreement, in fact they stated that they should not have to keep such records as the account was over twelve years old! Lloyds continued to try to collect despite this and in the intervening period they have passed it to four different collection agencies and I have made complaints to the Financial Ombudsman and the Information commissioners office (for failure to comply with SAR) and I have not paid them a penny since. I saw off the last DCA in November 2009 and then just before Christmas I got a Final Notice letter from none other than Westcot. I of course sent them the standard "Account in Dispute" letter thinking that this would do the trick as it had done with all the others. They replied that they would contact their client and get back to me....which they did and stated that their client had no record of the account being in dispute! Now somebody is telling porkies because I have several hundred pages of correspondence with Lloyds and their various DCA's and I still do not have a Credit Agreement....I am kind of stumped as to what to do next as it sounds like Westcot are just going to ignore anything I say regarding the dispute. I am not sure whether they are just trying to wind me up or if this is a precursor to them starting to get nasty. Should I write back giving evidence of the dispute (letters etc.)? Or should I do something else...If so what? I really am starting to get worried about this now as my partner is off work following an op and we are really struggling at the moment so any advice would be hugely appreciated. Thanks ....Thank you for your replies....I sent formal complaint letters to both Lloyds and Westcot reminding them of their obligations and pointing them towards the OFT guidelines on Debt collection:-) Today I got a reply from Lloyds stating they have had a high volume of requests for CCA's and would be responding to my request shortly....funny that, they told me in 2008 that they no longer have it!. Then they tell me that some chap called Ray Watson from the OFT has apparently issued a press release stating "Consumers have a right to information on debts they owe, but it is important that they realise that these sections of the Act cannot be used to write of legitimately owed debts"....which is also funny because that's what I thought they were being used to do thanks to the banks apparent laxity of supplying CCA's when requested:madgrin: The letter then goes on to tell me "your agreement may be temporarily unenforceable. However this means that the Bank would be unable to enforce a court judgement to oblige you to repay your debt. It does not affect your legal obligation to make payments as required by your agreement."....surely if they do not have an agreement, and as they state it cannot be enforced then I do not have any legal obligation to repay it? They seem to think that this information is an acceptable response to my formal complaint (which was that they were continuing to pass the account to outside DCA's despite it still being in default of my CCA request)......so does anyone have any ideas as to what to do next? I assume that they are proposing to continue to allow Westcot to harrass me as they seem to think that they don't have to follow the OFT's quidelines....even though they seem to think that I should pay attention to what a certain Ray Watson has to say:roll:
  7. I would greatly appreciate your help with this matter....Here goes....I made a CCA request to Lloyds TSB regarding an old credit card account that I had been paying small amounts towards. I could no longer afford to pay even the small amount and then I found CAG and got wise. Lloyds were unable to provide the credit agreement, in fact they stated that they should not have to keep such records as the account was over twelve years old! Lloyds continued to try to collect despite this and in the intervening period they have passed it to four different collection agencies and I have made complaints to the Financial Ombudsman and the Information commissioners office (for failure to comply with SAR) and I have not paid them a penny since. I saw off the last DCA in November 2009 and then just before Christmas I got a Final Notice letter from none other than Westcot. I of course sent them the standard "Account in Dispute" letter thinking that this would do the trick as it had done with all the others. They replied that they would contact their client and get back to me....which they did and stated that their client had no record of the account being in dispute! Now somebody is telling porkies because I have several hundred pages of correspondence with Lloyds and their various DCA's and I still do not have a Credit Agreement....I am kind of stumped as to what to do next as it sounds like Westcot are just going to ignore anything I say regarding the dispute. I am not sure whether they are just trying to wind me up or if this is a precursor to them starting to get nasty. Should I write back giving evidence of the dispute (letters etc.)? Or should I do something else...If so what? I really am starting to get worried about this now as my partner is off work following an op and we are really struggling at the moment so any advice would be hugely appreciated. Thanks
  8. I have done as you suggested and ignored them but they have sent another letter threatening legal action....are they full of hot air? Should I continue to ignore? I really can't deal with any hassle with these people at the moment and I want to do the right thing.
  9. Hello everyone, I have not been here for a while as all my creditors seem to have got the message....however, this morning a letter came for my partner from Clarity (never heard of them before) giving "Notification of Instruction" for a debt of nearly £4K and the client is my beloved Cabot! My partner does not owe this amount to anyone, if he ever had any dealings with Cabot it was before he declared himself bankrupt over 10 years ago. Can anyone point me towards a suitable letter template to basically tell them to p**s off? Thanks
  10. I have dealt with Iqor before so it's not a problem of knowing who they are, I just don't get what Lloyds are up to this time:confused:
  11. I has been a while since I posted on here as thanks to all of you I have managed to see off all but one of my nemesis'. Lloyds TSB are a tough nut to crack to say the least, just by way of background I CCA'd them back in April 2008 and they have failed to come up with anything...told me the standard stuff...I should have the CCA already....they don't need it to pursue the debt etc. etc. They passed it round to several outside DCA's who I sent the standard "bemused" letter to and they passed it back to LLoyds pretty smartish. I complained to the FOS, waste of time that was. I decided to SAR Lloyds to see just what they had and at this point they decided they weren't sure I was who I claimed to be and refused to send my documents to my address and told me I had to collect them from a branch of my choice....I complained to ICO, who were about as useless as FOS...and collected the documents from the local branch...they stated that I would have to sign for them, but never told the branch staff who couldn't seem to care less who I was:rolleyes: Needless to say the documents did not include a credit agreement, in fact ,most of it was gibberish to me. Lloyds went quiet on me for a while and then a couple of weeks back I got a letter from Iqor threatening doorstep collection etc. ....so off went the bemused letter again but this time something different happened, this morning I got a letter from LLoyds thanking me for taking the time to contact them about my complaint:confused: (what complaint) that they had chosen Iqor as a third party to deal with my account and that they did not uphold my complaint but would be happy to give me the FOS details etc. So why are Lloyds replying to Iqors letters? Surely unless Iqor(or any other outside DCA) are sold or assigned the debt they cannot do anything other than send me more threat-o-grams? Only Lloyds can do the obvious next move (other than giving up) taking it to court? Or am I wrong? Not sure whether to just ignore their letter or what....should I just wait and see or should I write back stating that I have not made a complaint to them and reiterating the current situation i.e. No CCA no dosh? Your input most welcome:D
  12. I have, it was a complete waste of time as the FOS will not get into any sort of legal argument and Lloyds don't seem to want to take it to court. I CCA'ed them last March and my latest battle with them is to try to get them to comply with my SAR....I was contemplating a complaint to the information commissioner but I think it would be a waste of time....still, they haven't sent any new lowlife DCA's after me for a while:) Lloyds are a tough nut to crack...I have seen off four others though:-D
  13. So is the consensus that I should tell them to stop messing around and send it to me or go and collect it? p.s I have already sent them the ICO info.
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