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Lloyds TSB.......Oh dear!


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Signed for my CCA first week in October and cashed the cheque.

I sent them a reminder letter in November - still no CCA

 

Now over 2 months after they received the original request I have received a letter from their solicitors "Sechiari, Clark & Mitchell" threatening court proceedings unless I pay up in 7 days.

 

does anyone have a good letter to send to these nice people?

 

Regards

 

US

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Dear Sirs,

 

I respond to what purports to be a letter before legal action dated xx/xx/2007 which was received on xx/xx/2007, and the same dated xx/xx/07 which was received on xx/xx/07.

To date you have still not responded to my letter dated xx/xx/07 which was received and signed for by your office on xx/xx/07 requesting full information and disclosure under the Pre Action Protocols of the Civil Procedure Rules. You will also be aware that under the

Overriding Objectives you are under obligation to act reasonably at all times. This failure to repsond is seen as your client acting as a Vexatious litigant and will be reported to the

Court as such.

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

Your client has ignored my lawful request under the Consumer Credit Act 1974. I formally advise you that since your client has failed to comply with the terms of the Consumer Credit Act then as from xx/xx/2007 your client is in default on this alleged

agreement. This default means that the alleged agreement from this date is totally unenforceable. Your client may not apply any charges, cannot issue defaults, cannot sell nor assign the alleged debt nor cannot invoke any clause within the alleged agreement. Further, if your client thought that consent has been provided to share my data with any third party, then

that is not proven.

 

In any event as principled party under the Data Protection Act I formally withdraw that permission. Any attempt to share my data will be unlawful and will be dealt with in court. In addition you are instructed to remove all reference to my personal data from all records held by any third parties. Finally, I will be seeking full restitution of all payments made with interest, since it is my belief that this alleged agreement was unenforceable from commencement. Your client had a duty of care to comply exactly to the Act and has failed to do so. This default may be discharged only by production of a true copy of the alleged agreement

and in full accordance of form and content and compliance with the Act. You, therefore are unable to procede to court and I strongly suggest that you advise your client to comply.

 

Yours Faithfully,

 

 

 

 

 

something like that prehaps

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Lovely Jubbly

 

Thanks very much.............................again! :o

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Just remember to adjust as necessary. Dopnt sign and send by recorded delivery at least.

 

An idea may be that you enclose the original letter you sent LTSB and a copy of the delivery recipt.

 

Chrissi

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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Lloyds have started the automated telephone calls again today :mad:

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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oh well. What u need to do is obtain a whistle and when u know it is them blow it down the phone. They should get the message.

 

Chrisi

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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Thats the thing -

 

I already sent them the telephone harassment letter, which worked a treat for about a month!

 

I might go to town on these, trading standards are useless Im thinkiing of writing to my local MP. Especially with all the stuff in the news recently!;)

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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I am trying to compose a letter to send to consumer direct, but I feel like an illiterate fool!

 

Can one of you more experienced types look at my letter and amend it?

 

Pretty please :)

 

Consumer Direct

xxxxxx

xxxx

xxx

xxx

 

Re – Lloyds TSB Credit card number xxxxxxxxxxxxx

 

Dear Sir/Madam,

 

I am writing to complain about the actions of Lloyds TSB bank. I am faced with harassment via telephone and mail whilst they are in breach of the Consumer Credit Act.

 

On xx/xxxx/2007 I requested a true copy of my credit agreement as is my rights under the Consumer Credit Act. I sent my request via recorded delivery which has been confirmed by Royal Mail. I also enclosed a cheque for £1 which is the maximum fee chargeable under the act. Lloyds cashed my cheque.

 

On xx/xxxx/2007 I sent them a reminder, as I had received no contact from them.

 

I sent a further reminder on xx/xxxx/2007.

 

Lloyds TSB are now in default and are therefore committing a summary offence under the Consumer Credit Act. However I am being harassed by telephone from their collections department as I am withholding payment until they comply with my request.

 

On xx/xxxx/2007 I received a letter from Sechiari, Clark & Mitchell solicitors demanding payment or be taken to court.

 

I would therefore respectfully request that you investigate the matter on my behalf and help to establish why my original request has been ignored on three occasions.

 

Yours faithfully

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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your letter reads fine to me, but a couple of things:

Consumer Direct will not investigate - they will (or should) refer the matter to your local Trading Standards dept for them to take enforcement action. You might therefore wish to contact you trading standards directly, otherwise you can send you letter by email to consumer direct rather than posting

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Thanks gyzmo,

 

Flaming eck im getting text messages from them now!

 

Under Siege is truly under siege from Lloyds TSB

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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  • 1 month later...

Lloyds TSB are really funny.

I have received so many letters from solicitors & debt collectors I have lost count.

Every one of them threatening to commence legal proceedings :-)

Oh please take me to court, I dare you.

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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  • 3 weeks later...

Still no CCA or explination why.

 

This morning, I have received a letter before action from Fredrickson International ltd.

Shall I ignore or send a terse letter?

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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BTW - I have previously communicated to Fredrickson that I am awaiting my CCA and they told me that they would look into it.

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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  • 3 weeks later...

Still no CCA from Fredrickson, not even a response to my request.

 

Now on to another solicitor (yawn) - Bryan Carter & Co

 

I have got seven days to pay or else!

 

Despite writing back to all these so called solicitors and informing them that " I welcome litigation" They never seem to go ahead with their threats. I wonder why?

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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I too waited yonks for my CCA request but they did eventually supply something, so don't build up your hopes too much as they may do the same. The good news though was that what they supplied is unenforceable (I think).

 

Fred Bassett's rule of thumb: the quicker they reply the more likely it is that what they reply with will be enforceable. That's my experience anyway.

 

Regards.

 

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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I'm pretty sure that they don't have a cca, as this is my oldest account which was originally another card (accucard) that changed to Lloyds.

Although I do agree that they could just be incompetent and not got round to sending it me yet.

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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