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Mum and TSB


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What i can not understand why it took so long to get this to us was it so they could add charges we dont know how to take the name off that letter do you think it matters

lisa

 

Lisa,

 

I've just pm'd you.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Someone with access to the Lloyds systems could ID from the information there.

 

Perhaps you should delete and try again later???

 

 

Lisa, if you click 'edit' on the bottom of the posts with info on, you could delete them and ask your son to re-do them later.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Lisa, if you click 'edit' on the bottom of the posts with info on, you could delete them and ask your son to re-do them later.

 

Yes, I was assuming you'd (the OP) know how to do that.

 

Sorry. :oops:

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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DO NOT IGNORE THIS LETTER

05/05/2008

 

 

Dear Sirs,

 

Account no: **********

 

Re: my request under the Consumer Credit Act 1974

 

 

 

This account is in Dispute.

 

In [ date] I wrote to [whoever] requesting that they supply me with a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

Should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection.

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

 

What I Require

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

 

I respectfully request a response to this letter in 7 days

 

 

Yours Sincerely

 

-----

Adapted from : http://www.consumeractiongroup.co.uk/forum/legal-issues/72876-mercers-barclaycard-2.html#post1353057

 

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Hi all

Can you believe tsb have started phoning mum again tonight sunday I might send them account in dispute letter

lisa

 

Lisa, if they have not provided the credit agreement and won't accept your mom's repayment offer i would report them to Trading Standards. I can assure you that will stop them in their tracks.

 

Here's link for Consumer Direct who will point you in the right direction:

 

Consumer Direct

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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scan0010.jpg

Hi just remebered mum got a cca and hopeful thinks it is enforceable is there any thing i can do now. Should I send them An offer of £1 a month like some of her other creditors are getting they probably wont accept cos mum owes over a Thousand pound

Please help LIsa

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Lisa, your mom needs to get an income / expenditure sheet done and to just make a payment regardless of whether they accept it or not.

 

I use internet banking and just make payments directly to the account, even if they've refused my offer. Once they accept the payment they are as good as accepting your offer.

 

Are there any charges that can be reclaimed?

 

I will post you you some links tonight for templates for budget sheets, but got to go to work now :D

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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oh the good old token payments argument.

 

Judge:- if the £1.a month was not enough then why were u accepting it by crediting it to the account.

 

LLoydstsbs reply:- we were hoping that she would always pay the rest of the money each month.

 

Judge:- get out of my court.

 

:)

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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thank you will send them a token payment offer letter and see what happens

lisa

 

Make sure you make the payment too either via online banking or over the counter direct into the account. Do this regularly regardless of what they write.

 

If you feel your mom needs more help you could contact any of the agencies in this link:

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/130781-where-get-debt-help.html#post1374472

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 1 month later...

oh not heard of them.

 

can u post it up.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi Lisa,

 

I`m not sure as to the wording but maybe a letter informing them that the account is in dispute with Lloyds TSB who are accepting your token payments until the dispute is fully resolved and that you will deal only with Lloyds TSB.

 

Perhaps someone may already have a suitable letter for this.

 

As to them telling you not to underestimate the serious of this situation, tell them they underestimate the power of the force ;)

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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hi n.p

will wait until after weekend and see if anyone comes up with something have tsb not passed yours on to these people cos at one stage i think we where more or less at the same place with these morons have you ever heard of 1st credit

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Dear 1 crud.

 

Ref number:- XXXXXXXXXXXXXx

Re letter dated XXXXXXX

 

I am writing regarding your letter.

 

I am rather suprised that this account has been passed on to you as the account is now is serious dispute with LTSB since.

 

As this account is in serious dispute i have agreed to make token payments of £1. a month to LTSB until they settle this dispute.

 

As u should be aware because this account is in dispute u are not entitled to collect on this account under the oft guidelines on debt recovery so i respectfully request that u pass this account back to LTSB with immediate effect.

 

I require IN WRITING within 7 days of the date on this letter that u confirm to me you have done that.

 

Yours

Pigsic

 

OFT guidance link is in my signature. U may want to look at it and quote the exact part.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi Lisa,

 

At present mine is with BLS.

 

I sent pt`s letter to Lloyds and also a copy to BLS, then it went quiet.

 

It was basically to call their bluff and invite them to take me to Court if they think it`s enforceable. They probably will because they`re morons anyway, so even though it`s all quiet for the time being, I`m expecting something soon.

 

I can`t say I`ve heard of 1st Credit, then then again, how many DCA`s are there? There`s probably hundreds of Companies we`ve never heard of.

 

Regards

 

 

N.P

Edited by N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Lisa, can i just check - is this the account that Lloyds provided a credit agreement for?

 

If it is, I would just continue to make payments to Lloyds as 1st credit are only acting on behalf of Lloyds.

 

Are there charges on this card that can be reclaimed?

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi hopeful1

 

They provided the credit agreement which is in post 310 and yes there are charges know on the credit card cos have not paid since oct but for the past couple of month mum paid the £1 should i still send the letters from gm

lisa

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u can do but it will need changing to date of complaint letter or summing.

 

Sorry got so long i forgot it has a cca but cant remember if it is correct.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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