Link and old Lloyds Credit Card

[odds]

yep looks fine to me blunt and straight to the point.

 

You could always send a cca as well just to be safe.

 

Actually I do have a couple of £1 postal Orders here, I might just do that. Should I send it seperately do you think ? That way I get a signature for them both letters.

 

Pete.

[N.P]

Hi odds,

 

Put the two letters and Postal Order in the same envelope and send them Recorded.

 

Let the idiots sort it out themselves, no point in wasting two stamps on them.

 

Just make sure you print your name on both letters, don`t sign them.

 

Regards

 

 

N.P

[odds]

Hi N.P

 

Sorry, another question. Do I make the PO to MHA Collections or Lloyds Bank PLC ?

 

Thanks.

 

Pete.

[N.P]

Hi Pete,

 

Make it to MHA, they are the ones hassling you.

 

Print out your letter, and also your CCA request and bundle them both into the same envelope together with your PO, and send it Recorded or Special Delivery.

 

At least when it gets signed for you know they have them both.

 

They`ll probably just ignore them, and pay the £1 off the Card, LOL. That`s what the knob jockeys did with me.

 

 

N.P

[odds]

CCA sent to MHA 10 days ago but Post Office web site not showing proof of delivery yet. So when do I start counting from, have they even got it ?

 

Pete.

[N.P]

Hi Pete,

 

Did you send it Recorded Delivery or Special Delivery?

 

I find just about every time you send something Recorded Delivery it never gets signed for. What usually happens it that all of the RC post is delivered in a big sack together and a sheet is signed for. You could ask for a copy of that sheet to see if your item was on, but I`m not sure what the sheet is called. Perhaps someone can help out here?

 

I think they deliver things this way because these Banks get so much RC post these days, that for the Postman to get a signature for each one would be impossible.

 

As long as you have proof of postage it will be deemed as received.

 

I usually take mine into the Bank and ask someone to sign for my envelope. Then I KNOW they have it.

 

Regards

 

 

N.P

[odds]

The letter (post #74) I sent in the same envelope as my CCA request seems to have found its way to Lloyds Complaints Dept. :idea:

This morning I got a letter from them saying "We are sorry that you have ........ ". I wasn't complaining in the letter, merely pointing out some facts !!

Anyway as that has been replied to, they must also have my CCA request. The letter I got this morning was dated 21st May, so presumably they got my CCA request before then, so when should I count from ? Or wont they bother responding anyway.

 

Pete.

[Dorabell]

Hi pete im still waiting for mine the 12days were up on the 16thmay still harrassing me by telephone for payments, allthou i have sent them 2 letters to stop phoneing me but they dont take any notice so we will have to sit tight and wait together good luck

[N.P]

The letter (post #74) they must also have my CCA request. The letter I got this morning was dated 21st May, so presumably they got my CCA request before then, so when should I count from ? Or wont they bother responding anyway.

 

Pete.

 

 

Hi Pete,

 

As long as you have proof of posting, just count from 2 days after you sent it off.

 

Two days to allow for delivery and a further 10 working days to default. Follow that with another 30 days for a criminal offence, not that that will make any difference to them, they`ll still lash you with interest and charges.

 

 

 

N.P

[The GodMother]

On the RM website u can ask cs to look in to the missing letter sent by RD i will look into this more and get back to u regarding it.

[odds]

Quick update:

Had a reply to my letter that they seemed to think was an official complaint.

Apparently they have only recieved 2 of my previous letters, not true, because 2 letters were put in the same envelope, one regarding my loan the other my CC. They replied to the loan one, what they did with the other is not my problem really.

They claim to have replied to both letters they said they got, funnily enough if they did they are the only 2 letters I didn't recieve from them

They stated that one of thier letters wanted an up to date expenditure sheet. I had already sent that in one of the letters they said they had recieved from me, strange really.

They have removed my telephone number from thier system, alledgedly.

No mention of the CCA request which was in the same envelope though.

So do I write back and point out the facts and tell them they are a lying bunch of buggers or just forget it ?

Just to point out though the date they said they recieved onr of my letters was 3 days AFTER it was signed for !! Just how big is this office block ? I could get a parcel accross the other side of the world quicker than thier internal mail system

 

Pete.

[The GodMother]

Internal mail systems work slowly as u may have noticed.

 

It can take up to a day to be picked up then sit for another day in the post room so that it is sorted then spend another daybeing walked round a office block till it gets to the rite department.

 

If u have proof they recieved it then leave them to the lies.

[odds]

Hi GM

It's the fact they say they replied to my letters that is bugging me, and the dates on the letters I have do not match the dates they say. In fact one was dated the day BEFORE they claim to have received mine :? I have kept everything, and all they have sent is template letters. Nothing to say we have considered your circumstances etc etc.

Funnily enough though, 8 months after going into my local branch seeking advice/help they are now going to pass the account to another dept. This means that interest will not be added now. Whoopee bloody doo, they have maxed it out now anyway with all the interest charges.

As Mr Angry would say "It makes my blood boil" !!!!

 

Pete.

[N.P]

Hi Pete,

 

How you doing mate?

 

Well, seems your now seeing how nice and helpful Lloyds TSB really are. The Bank that used to say yes, until the Government tried to bankrupt everyone

 

 

N.P

[odds]

Hi N.P

Keeping quite well at the moment thanks, I see you are having a little trouble with them aswell. Anyway my CCA request was sent on the 13th of May, so I reckon that the time is up today. That means absolutely nowt though to them does it.

 

Pete.

[N.P]

Hi N.P

Keeping quite well at the moment thanks, I see you are having a little trouble with them aswell. Anyway my CCA request was sent on the 13th of May, so I reckon that the time is up today. That means absolutely nowt though to them does it.

 

Pete.

 

 

Err, no, it means absolutely FA. They blanked my CCA request for about 3 months then sent it together with a `sorry we didn`t reply sooner` letter, or course the arse wipes still kept lashing interest on.

 

Might have to take a trip down to Brighton with a couple of Uzi`s or a Heli-Gunship off eBay, and spray them around a bit

 

 

 

N.P

[odds]

Today I got a letter from BLS Collections, the usual "we can save you up to 50% if you phone us" regarding my CC account. The letter was dated 06/06/08, not bad eh, I got it 07/06/08, Lloyds usually take a week to get delivered

Anyway, my question is. This letter is dated AFTER the 12+2 days of the CCA request I sent to MHA Collections. Is it after this time scale that they should stop processing my data or is it after the further 30 days ?

If so, do I write to BLS, MHA and point this out or just file it under 'W' and ignore it ?

 

Pete.

[N.P]

Hi Pete,

 

How are you mate?

 

Sooo, BLS are after you know eh? Well, I can`t think or find anything off hand what you could use as a reply.

 

But, saying that, the first threatening letter I received after non complience of my CCA request was from their Solicitors, SC&M.

 

I responded with this letter, have a good read and you should be able to edit it for your needs quite easily. Let me know if it helps mate -

 

 

 

DO NOT IGNORE THIS LETTER!

 

 

 

ACCOUNT NUMBER: N.P`s card number.

 

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

 

 

Me

 

 

 

Catch you later.

 

Regards

 

 

N.P

[N.P]

By the way, it`s after 12 days they Default, and after the 30 days they commit the Criminal Offence, do they care? Do they f**k!

 

I`d have thought they should stop all activity as soon as they default, or until they have supplied you with the relevent paperwork.

 

 

N.P

[odds]

Quick update.

After the letter I got from BLS on Saturday, today I got another from them dtaed the same as the first one. It stales that Lloyds have instructed them to recover the debt, and goes on to say that they may be forced to contact me by phone or advise Lloyds that a visit may be necessary .

Now then, as mentioned above, MHA said they had been instructed by Lloyds so I sent them a letter AND a CCA request. The letter was passed to Lloyds who treated it as a complaint (no mention of CCA request) as yet I have had no response from MHA yet BLS now say Lloyds have instructed them. It's all getting rather confusing

N.P thanks for the letter suggestion mate, I hadn't even decided whether to send a reply and then I get this threatogram from BLS. So if I did send one who the hell do I now warn off ?

 

Thanks

 

Pete.

[N.P]

Hi Pete,

 

That happened to me.

 

Send your reply to BLS.

 

Paul says they are often keen to litigate, so get a reply out to them ASAP.

 

 

N.P

[odds]

My god that was quick

So do I refer them back to MHA or tell them that Lloyds had obviously instructed them by mistake, so take a hike. By the way they can litigate all they want cos I don't have any assets to speak of and I will soon be in a position to increase my token payment by 100%, making it £2 per month. Now I bet they don't get offers like that every day.

 

Pete.

[N.P]

Hi Pete,

 

It looks like MHA passed it back to Lloyds, who seem to have now passed it to BLS, so you should deal with them clowns.

 

Right, I`m off to pop into bed with the toddler, she keeps chewing me to get in with her. I guess I`ll have to or she`ll never go off.

 

Catch you later.

 

 

N.P

[Goldlady]

Well fellow LTSB people, mine has been through all their DCAs (each of which I have completely ignored) and has now gone full circle back to LTSB. They are now threatening legal action, or rather they say that their 'agents' have suggested that they do. As they admitted they don't have my CCA because it is more than 6 years old they really don't have much to go on.

[rakker]

im having the same problem in 2006 i couln,nt afford to keep up the payments on my accounts with Lloys i wrote to them telling them this and made offers on all four accounts which they excepted but then last year it went to BLS debt collected and they have harrased me no end kept sending letters saying i had,nt kept to the agreement which i had also making phone calls to my friends house were i stayed wrot to them and told them not to,now Lloyds sent me paying in books what i use to pay up until febuary i was paying by cheque and then the lady who use to give me the cheques closed her bank again so from march its been getting paid into Lloyds bank,but ive had letters from BLS threating bailffs so i wrote and told them the house had nothing to do with me and i did,nt have anythink belonging to me,even sent them recorded delivery so they would get the letters but on weds got two more letters one stateing there were taking me to court and i would have to pay 150 court costs as they said i had no intension of paying when im paying it into the Lloyds bank,what do i do im not in good health and its worrying me have sent them budget sheet and letter