Link and old Lloyds Credit Card

[N.P]

Hi Pete,

 

Welcome to the silly Lloyds TSB games.

 

It could be they don`t have anything at all, hence the offer of a reduction of £8K.

 

Only you can decide, but they still haven`t responded to your CCA request yet. So why would you give in now?

 

I`m being approached by Debt Managers now about Lloyds. First it was MHA, then SC&M, then BLS, then SC&M and now Debt Managers.

 

I can play this game forever ever!

 

Keep all the letters you`ve been sent and if this goes further it will show how silly they have been instead of sorting out your concerns.

 

Right, off to bed now. Catch you later.

 

 

 

N.P

[N.P]

HI Pete,

 

Just tell the idiots it`s none of their business what you do with your number, it`s to stop bell ends like them ringing you. Tell the empty heads that line is for your use, not their`s and if they want to contact you they can write and you will reply ONLY if it warrants a reply. Period, full stop, in fact why am I even speaking to you, I don`t have to explain myself to you, just give me my wages, till girl, NOW!

 

They get paid to ask you numb questions, you don`t get paid to answer them, so don`t.

 

I think you get the message, Pete.

 

Anyway, I hope your doing well, we haven`y heard from you in a while. Have you checked out this thread, started by pt2537? It`s mighty interesting - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

 

You might just be able to use the info.

 

Cioa for now.

 

 

 

N.P

[N.P]

Another stupid answer, somehow I don`t think you`d be interested if they won, I get the feeling you meant you want the numbers yourself

 

And if you did win, you wouldn`t be banking there again, would you?

Edited December 19, 2021 by dx100uk
unnecessary previous post quote removed

[N.P]

Hi Pete,

 

I wouldn`t bother sending anything to these gimps.

 

Let them waste their lives away looking for something your not interested in and see what they come up with next.

 

I`ve had a few Final Response letters, it just means if they send you anything else, it will be the same as what`s on this letter.

 

There`s nothing to say at the moment, Pete, just wait and see

 

Ciao for now!

 

 

 

N.P

[N.P]

Hi Pete,

 

Still playing silly buggers with these muppets eh?

 

You can use this if you wish, I like this one.

 

 

 

 

DO NOT IGNORE THIS LETTER!

 

 

 

ACCOUNT NUMBER: xxxx-xxxx-xxxx-xxxx

 

Dear Morons,

 

RE: REQUEST FOR COPY OF CREDIT AGREEMENT

 

Further to your recent Default Notice dated 9th January and your letter dated 17th December 2007, the contents of which are noted, although, quite frankly I am astounded by its contents.

 

May I draw your attention to the first paragraph of your letter wherein you state "it would appear this account is currently a low priority to you". On the contrary it would appear that my request under Consumer Law is in fact a low priority to you, since you have taken the decision to totally ignore my letter dated 21st September 2007.

 

You should note that I have no intention whatsoever of contacting you by telephone to discuss this matter. I will only communicate with you in writing. You will not receive from me any "explanation" as you put it, regarding the activity on my account since I am still awaiting a response to my letter dated 21st September 2007 or your "explanation" as to why you are unable to respond fully to its contents.

 

I must advise you that any legal action you commence will be most vigorously defended, and I will show the court all correspondence in my possession of your blatant disregard for my rights as a consumer under the Consumer Credit Act 1974.

 

I note that to date you have still not complied with my request for a copy of the credit agreement for this alleged debt which you are pursuing me for.

 

The Consumer Credit Act 1974 demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 21st September 2007.

 

My request remains outstanding and I still require you to send me a true copy of the original credit agreement. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

For the avoidance of any doubt I have included section 78(1) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

(7) This section does not apply to a non-commercial agreement, and subsections [(4) to (5)] do not apply to a small agreement.

 

 

For an agreement to be properly executed it must contain certain terms and be signed by both debtor and creditor. The required terms are laid out in regulations (SI 1983/1553) and is covered by sections 60 and 61 Consumer Credit Act 1974

 

To clarify s61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

 

(b) the document embodies all the terms of the agreement, other than implied terms, and

 

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

Therefore based upon the Consumer Credit Act 1974 this debt, as it stands, is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced.

 

In addition, 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 that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974 and a true copy of the original Application Form. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist.

 

No other correspondence will be accepted.

 

I trust this out lines the situation.

 

Regards

 

 

PRINT YOUR NAME - DO NOT SIGN!

 

 

 

 

You`ll need to edit it for your own needs a little, but most of what you need is in there. I sent it to them as it is. You`ll need to put in that you requested the AGREEMENT and not the APPLICATION FORM.

 

You could also start the letter with `Dear Richard Cranium`, although I quite like `Morons`.

 

I`m sure you`ll come up with something suitable.

 

Hope this helps.

 

 

 

N.P

[N.P]

Why bother at all giving them anything?

 

You don`t owe BLS anything, do you?

 

Tell them until they show up with a proper and valid CCA, you have nothing more to say to them, since all they are doing is sending you automated nonsense.

[N.P]

You said it Pete, the way they treat us and mess us about. They`ve been messing you about for quite a while now, and rather than look into your request properly, they just set their empty heads onto you. So why offer them anything at all if they can`t even be bothered to show up with your Agreement?

 

Stop paying them and drag it out for 6 years, LOL.

[N.P]

Hi Pete,

 

Right, just so I don`t have to read everything -

 

Am I correct is saying, this is regarding your Credit Card, to which you have requested your agreement from Lloyds?

 

They have failed to supply one, and as such sending the account to BLS, and now ****?

 

I`ve had letter`s from these clowns regarding my Current Account Overdraft and also my Credit Card. To me, this letter doesn`t look like a genuine **** letter.

 

These imbeciles know they shouldn`t be chasing a disputed account, and certainly shouldn`t be accepting payment by Credit Card as this simply makes the fact you are in debt worse, by using a Card which adds monthly interest.

 

Can you just confirm, as I have something you can edit/use.

 

Catch you soon matey

 

 

 

N.P

[N.P]

It is beleive that a Judge would deem the letter to have been `received` 2 days after posting. As you have proof of posting, you have no problems.

 

I, myself would argue against that. IE, you can`t actually prove the content of the letter. I have also received replies to letters, which still shows up on the RM website that they haven`t been signed for yet. So, how can you take it for granted that your letter was delivered simply because you posted it, when their tracking system is all to pot?

 

There is no need to send another, almost every letter I send shows up with this sort of nonsense on the RM site. Simply, their service is crap, and they just try to justify it by giving us this BS.

Edited June 15, 2009 by N.P
Dodgy spelling

[N.P]

Well then, that`s worth fighting for isn`t it?