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Everything posted by the_freedom_trail

  1. Tell them this in writing. Remember these are commercial enterprises, they should not be suing people unless there is a reasonable prospect of recovering any money and costs that they are awarded. As your partner has no assets I think that HBOS would be disinclined to take court action against him as what would be the point. If anything, I would say that your husband actually has the power here. They must of already trashed his credit so in real terms they have probably already done their worst. Tell him to make the offer that he can afford and that if they don't like it they can take further action. Like any scenario, show the bully you are not scared and they will back off. Best of luck and best regards, TFT
  2. Hi Jeff, This is the address you need to send the letter to: Customer Care Lloyds TSB 125 Colmore Row Birmingham B3 3SF Remember to keep us updated so that we can continue to assist you. Best Regards, TFT
  3. Hi Sim42, It sounds like this may be your first accident? Do not worry, all is not lost in this matter. First of all, you say it was a junction - is the junction covered by any CCTV at all. Secondly, evidence of the layout of the junction and the impact areas on the vehicles should show what happened. The Police are able to reconstruct accident's all the time by using similar methods. Thirdly, the ambulance driver will be well briefed to not admit any liability. This shouldn't be overly difficult as the one who was not technically driving in accordance with the roads was the ambulance driver. I would get on to google earth to first see if you can get an aerial view of the accident site. Secondly, get down to the site and take as many photo's as possible. Once you have this info draw up a detailed plan showing exactly what took place. The damage on your vehicle will support things like the claimed speed you were doing at the time. Whatever you do, don't admit liability in this matter. Regards, TFT
  4. It ends in two weeks and there is £3305 left to pay on it!!! I am amazed that they haven't come for the car sooner! Is this a standard HP agreement do you know or a passport agreement? I will be honest, you can probably get away with storing the car and their repo guys never finding it; however, be careful you don't get yourself caught up in something nasty here. Remember that the vehicle in question belongs to the finance company till the very last penny is paid on the agreement - you don't want to have the Police involved in this matter which is a risk. If you are going to store it make sure that it isn't near your address as the DVLA will have those details as you are the RK and the finance company will be able to get access to that info. Regards, TFT
  5. Hi Jeff, This is the link you need for the CCA request template Creditors and DCAs - Letter Templates & Budget Planner When you get on the page you need to scroll down to find letter N which is the one you need to use. I would really stick with leaving the letter unsigned. Also, don't forget your £1 postal order to cover their cost. They have 12 + 2 days to provide you with a signed original executed copy of the credit agreement. After this time they are in default and cannot take any legal action to recover the debt till they produce the credit agreement. I will have a look for the Lloyds customer contact centre address. Best Regards, TFT
  6. Well, to keep the car someone is going to have to cough up for the arrears and that will rely on your friend being straight with you and communicating with you - I don't know how likely that is given that he is not currently talking to you? I am affraid to say that the only thing that will prevent the finance company going for a repo order is the arrears being paid - I doubt the fact that your friend is due this windfall in weeks will cut much ice with them, if any. Unfortunately, they hear every excuse in the book. I really think that you need to consider carefully your position here - are you aware that if the arrears were cleared and that you carried on paying down the loan he would still become the legal owner of the vehicle in question. I am half tempted to advise you to stop paying the agreement, let the car go to auction and then go and buy it outright. It is really very difficult to know how to proceed with this, the finance company legally can't speak to you about the agreement without the consent of your friend. You cannot make a judgement about whether to continue paying the loan because your friend wont discuss the amount of arrears with you and can you really trust your friend after how he has acted in this matter? The other option of course is to sue him for the value of the arrears; however, given the complexities of the situation I don't know how a judge would view this matter and more importantly, you wouldn't be able to recover the money in time to prevent repo, there is no guarantee of when your friend will recieve his money and you are currently unable to find out how much the arrears even are. If you are using this car everyday then it is a matter of time before the repo men catch up with you. They use ANPR technology and all sorts. Reflecting on this, the week link in this matter is your friend, are you not able to pay him a visit at all to make him see sense. Otherwise, it will result in you losing what you have already paid and the car and his credit being destroyed when it doesn't have to be that way. Best Regards, TFT
  7. A Student Your Address 1 Your Address 2 Your Address 3 Post code Date Halifax Bank Po Bo 548 Leeds LS1 1WU Dear Sir or Madam Account Number: 00000000 Sort Code: 000000 I am writing with regards to the above account. I understand that you have now formally withdrawn my student overdraft facility and that the account now has a balance of -£0000 (insert amount) in an unauthorised overdraft. As I am sure you will appreciate, my preferred resolution to this matter would be to have the overdraft facility reinstated. However, if you are not prepared to do this then, due to my current circumstances, I would like to be considered for your financial hardship scheme as I am unable to repay the balance of this account in full. Whilst you are considering my application for hardship I ask that you freeze the application of any charges and interest on the above account. I look forward to your full response within 14 days. Yours faithfully A Student This is the sort of thing you need to send - obviously, tweak it as you would like. Personally, I don't see why they would refuse you as this is their best shot of getting their money back. I expect they will send back an income and expenditure form for you to complete which will allow to calculate an affordable offer. Best Regards, TFT
  8. Ok Jeff, First of all, you are in a situation of default on your Lloyds loan which means that they will try and pull the money from somewhere else. For example they have a right to offset negative balances with money in other accounts within the Lloyds Banking Group that have credit balances. Basically, make sure that you haven't got any other Halifax or Lloyds accounts with money in. The next step I would take is to send a CCA request to Lloyds to provide the original executed credit agreement for the loan. If they don't provide it then they cannot legally enforce the loan until it does turn up (if ever). If they do provide it, we can start looking at it and picking through any problems which might make it unenforceable. At the same time you will need to request a statement of account. To find the template for the letter follow this link (it is letter N you need to use and you will need to send a £1 postal order). http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html Remember, don't sign the letter and use a postal order. You need to make sure that you don't provide your signature to Lloyds in case it magically appears on a previously unsigned agreement. When you have got the info back from Lloyds we should know where you stand in terms of how much you can reclaim in PPI and default charges and interest. As you have been paying on the loan for such a long time I am assuming the balance is pretty low now? If so, you might find that the PPI and the charges are greater than the balance of the loan which means a few quid in your pocket. At present the options are pretty much this: - Lloyds cannot find the CCA so therefore the debt does not disapear but cannot be legally enforced. Could allow you to make a full and final settlement offer. - Lloyds can find the CCA but there are problems with it - same outcome as above possible but not as easy or clear cut. - Lloyds can find the CCA and it is sound - you need to write to them explaining your financial hardship, asking them to freeze interest and making an offer of repayment. In each of the above cases, you can reclaim your PPI and default charges and interest. I must really point out that if a debt becomes legally unenforceable it does not mean that the debt disapears. Because it still exists Lloyds can still report negative and damaging information to the credit agencies. Best Regards, TFT
  9. TVLA could better enforce the law but I wont tell them how lol As for football, I'm a 24 year old male and I cannot stand it. Absolutely love cars but just cannot do football. I've tried to be interested in it but it just doesn't happen for me lol! TFT
  10. In that case, my advice would be to write to them asap, explain that you have suffered unexpected costs this month and that as a result you are not able to make this months payment till next month. Emphasise that it is your full intention to make good the account by your payment date next month and that no amount of telephone calls will change that. You could also state in the letter that you wish only to communicate via letter and that they must not contact you again by phone. You may also wish to throw in that any further phone harassment will result in you having to make a complaint to the FOS which will cost Crap 1 a £500 referral fee. Have you actually spoken to anyone at Crap 1 about this matter? Regards, TFT
  11. Ok, this is how it works out - the finance company are the legal owners of the vehicle, you are the registered keeper and the finance is in your friend's name. Basically, you are in a very bad position because if he defaults (which he has) you essentially lose the use of the vehicle if they go for a repo order. Legally there is very little you can do to stop this. May I ask, what is the financial status of your friend? Is he a man of straw e.g. no assets, little income, etc? The reason I ask is that if the finance company repo the car they will sell it at auction and then your friend will remain liable for the difference between the value of the finance and the value of the vehicle. This is a long shot but the only thing you could hope to do is attempt to negotiate with the finance company. You could say to them that in light of your friends default on the agreement you would be happy to formally take on the agreement (that's if you are). However, that might mean that you inherit the liability for the arrears also :-? I would present to the finance company that the solution you propose in taking on the agreement is the one that would ultimately cause them the least amount of loss on the agreement. If you need a vehicle then this might be your best option. It depends on how much you want the car and whether you want to formally commit to an agreement with the finance company? What is the amount of the arrears? Best Regards, TFT
  12. Hi Moxy, I am a fellow Capital One victim. Have you now made the payment on the account or is it still owing? Regards, TFT
  13. Hi Jeff, I understand your frustrations with Lloyds call centre staff, I am affraid that when I phone up my insurers or bank I just hang up till I get an operative I can understand lol. I am affraid to say that Lloyds will not automatically freeze your interest because your account has been passed to collections. You say you have missed a few payments - are you aware of whether or not you have received a default notice on the account? This is quite important. Also, Lloyds will no doubt be adding default charges to your account aswell. How you resolve this matter will depend on your financial circumstances. If you are in financial hardship then I would advise you to make a written offer of repayment - this would be your opportunity to get any charges removed and interest frozen. If you are not in financial hardship I would say pay the loan down as quickly as possible. Whatever you do, never speak to Lloyds on the phone, only communicate with them via writing. You also mention that you fed up of their extortionate interest rates and broken promises, have Lloyds acted in any unlawful maner which may impact the agreement you have? To help you further it would be good to know the following info: Is the loan secured/un-secured Approx loan value Date loan was taken out Whether you have the original loan agreement Was there any PPI (payment protection insurance) on the loan Best Regards, TFT
  14. It would depend on what a less than perfect credit score is - if you are IVA, Bankrupt or have defaults then you are probably looking at their basic cash card account; however, if you just have a couple of late payment markers then you will probably be offered a bells and whistles account. Regards, TFT
  15. Hi there, Firstly, there is no obligation on the bank to provide a safety measure that will prevent you withdrawing more than your available balance. My advice would have been to make good the account as soon as possible in order to prevent charges building and possible damage to your credit record. However, it appears that the matter has gone past that point now. As you will be aware the bank charges test case verdict put pay to disputing the fairness of bank charges based on their value or the fact that they are penalties. That said, you can still challenge the fairness of the circumstances in which the charges were applied aswell as the fairness of the relationship between you and the bank that allowed them to levy the charges from your account in the first instance. You would now have to use Reg 5 of the UTCCR 1999 and Section 140a of the Consumer Credit Act 1974. Mike Daily is a solicitor who is representing a bank charges victim who I believe will be the first to test this new argument in the scotish courts in a hearing set for June this year. Follow this link for further information. Sheriff gives go-ahead for bank charge cases - Herald Scotland So in theory come the middle of the year you may fnid that there is a reasonable prospect that you too can recover/have removed your charges under the use of this different legislation. If you dont want to wait and go the court route you could go down the route of making a complaint to the FOS (Financial Ombudsman Service). Now, a bank will have to pay a £500 referral fee if you make a complaint to the FOS so they may be inclined to resolve the matter before hand. The FOS will be more interested in the circumstances surrounding the charges being applied to your account rather than wanting to see a templated legal argument. Personally, I think you would stand a good chance given that your problem was caused my such a minor error; however, it would depend on your previous account conduct - you wont fair well if you haven't been a good customer I'm affraid. May I ask, how much in charges have you managed to rack up so far? Best Regards, TFT
  16. Hi Craigten, I am happy to help, I have experience of reclaiming vehicle finance charges and bank charges. Would you like to have a copy of the letter I sent to Peugeot Finance? Best Regards, TFT
  17. Hi Jeff, In basic terms it would appear that your debt has been passed to LLoyds inhouse debt collectors. Is there any possible reason that this might have happened, for example have you defaulted on any payments due or anything like that? Regards, TFT
  18. Yes, you must always write. I can't tell you how important it is to not speak to them on the phone. By writing there is a paper trail and they are far less likely to lie to you. TFT
  19. Hi Alan, I'm a recent graduate so I have a pretty good understanding of the student finance situation. The first thing that I will say to you is don't panic. Tomorrow your account will go into the red by £2900. You, me and Halifax know that you are going to be unable to repay it - they are being pathetic! Seondly, get down the cash point and have the last £100 out to keep you going. Normally, getting in to further debt would be the last thing that I would advise anybody to do but at the end of the day you might aswell be in for £3000 as you are £2900. After you have done that, you need to get any payments in to the account switched/stopped asap, e.g. money from Mum and Dad, SLC, etc. Pay special attention to your student loan as they are a bit slow at the SLC (as you might have experienced ). I am assuming that you have another current account to switch to - if not set one up asap. You need to be quick! Make sure that it is not another account with a member of the Lloyds Banking Group becuase they might take money from one account to pay your Halifax o/d (this is know as the right of offset). I wont lie to you, it is possible that your credit records will take a thump because of this so get the new bank account open before that. With regards to o/d's they are repayable on demand so there is little you can do to fight the withdrawal of that credit line from the bank. That said I think they are b&*^ards for what they have done to you. Next up, write to the bank and tell them that you are in financial hardship (not hard to demonstrate at all for most students). After this, they should send you their income and expenditure form to complete that will allow you to make an offer to repay the account. At the end of the day they will probably hit your account with £5 a day charges and then eventually default you but there is precious little point in taking court action against you. Don't worry too much about the thought of your credit being damaged, you are unlikely to need it for anything like a mortgage for atleast six years. I do apologise because I don't know the circumstances surrounding your other account but if you need any more help feel free to ask! All the best, TFT
  20. Hi guys, I am about to embark on my own battle against Lloyds Share Dealing. About 3 and a half years ago I opened a share dealing account just so that I could do a very small bit of trading whilst on my placement year from uni. Anyhow, Lloyds decided to introduce an £8 a quarter management fee for the account so about two years ago I decided to write to them and close it. Anyhow, last October I found out that the account was never closed and that Lloyds Share Dealing had been leaching £8 a quarter from my account. They then had the audacity to try and charge me £20 when I cancelled their direct debit on my account; however, I managed to get that retracted. Now I have the time, I want to go after them for the £8 they have been taking out of my account every quarter (approx £60 in total) for a share dealing account I wasn't using and didn't want. My ultimate route is to go to the FOS and provide all information (even a copy of the original letter I wrote to close the account). Just looking for some feedback from caggers really as to what they think about this situation? Regards, TFT
  21. Police wont be interested in assisting these scumbags - absolutely get on to the bank asap and dispute this matter. Clampers will never take you to court. DISPUTE DISPUTE DISPUTE!!!!!! TFT
  22. To be clear, is this agreement now in your name or is it still in your friends name? This matters! TFT
  23. Halifax paid £8000 in error and they wonder why they very nearly collapsed as a bank?! How can any bank pay nearly £8000 in error? IMO the OP has had the last laugh here even though they have technically lost Cannot wait for outcome of Govan case TFT
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