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Lloyds Credit Card- now Moorcroft taking over?

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yes i did mean numbers for me. the bank never seems to get my joke.


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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Finally got a reply from the Bank that admits 'criminal behaviour' in the States and yet claim to be voted the UK's Most Trusted Bank :)

 

Ok here are the most relevant points, the others may require a Subject Access Request regarding letters they say they sent and some they say they never got. Here you are :

 

ComplaintReplyreCCA-1.jpg

 

And on the reverse

 

ComplaintReplyreCCA-2.jpg

 

 

Just a couple of questions :

As they have put Final Response on this is there any point in replying to it and pointing out:

 

1. that if I wanted an application form I would call in to my local branch and pick one up for free.

 

2. If they had already sent me a copy in May then why can they not find it now.

 

They really must think that customers are stupid and naive.

 

How come my letter has now ended up at some address that I have never heard of before, my last reply from an official complaint certainly didn't come from there.

 

Next step anyone ?

 

Pete.

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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


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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always send your letters recorded delivery that way they cant say they never recieved them.

 

 

tbc...

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Just got another letter this morning dated the day AFTER the above letter ....... I'm sorry you have had cause to complain, blah, blah, blah ...... I have arranged for an immediate investigation ................ of course you have.

 

Maybe if they had less bloody departments they might be a bit more organised, and that's a big might. :)

 

Pete.

  • Haha 1

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Don't know if I've said this before on your thread, but LTSB wrote and told me they had destroyed my application form six years after the account was opened as there was no need for them to keep it longer than that:D


BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Just got another letter this morning dated the day AFTER the above letter ....... I'm sorry you have had cause to complain, blah, blah, blah ...... I have arranged for an immediate investigation ................ of course you have.

 

Maybe if they had less bloody departments they might be a bit more organised, and that's a big might. :)

 

Pete.

 

Well that would be he brainy idea and if they had the said brains then we would not need to be pointing out there mistakes etc.


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 all,

Well the fiasco continues I'm afraid. I received the following letter just after going into hospital and have only just had the chance to post it up. So here goes:

ReplytoComplaintedited-1.jpg

 

Now you may think that at least they replied although they are still under the illusion that I requested a copy of my 'Application Form'.

Now the point is, that after going to all this trouble to locate a further copy of my application form for me, thus showing how much they value thier customers, wouldn't you think that before posting the letter out that they would double check the contents of the envelope ?

I guess you know what's coming next don't you ................. The letter had absolutely NOTHING enclosed.

I give up, if they can't even pack envelopes correctly what hope is there for the future of the banking industry. I really need a good letter now to send to Mr Bloody Carmichael to get his act in order, to respond to my CCA Request not for an Application form and at least try and get some honest answers from them, though that might be pushing it a bit.

That's all for now.

Cheers

Pete.

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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


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

Thanks for the letter, edited and sent. I just noticed another 'untruth' in the reply to my Official Complaint.

He stated that they wrote to me in January 08 ( another letter that went awol) stating they couldn't accept my token payment as my account was over £xx.xxx in arrears. Fact is the account wasn't in arrears by this amount, it only reached that amount 6 months later after they added interest and then they they decided to accept my token payment :confused:

But as a gesture of goodwill they have now repaid the interest ........... very nice of them.

So I can honestly say that they basically don't have a clue what is happening between one dept. and another and are now backtracking and lying there way out of it.

Let's see what Bulls**t they come back with next.

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Hi all,

It's been a while since I heard anything, that is till today.

I still have not had a reply from the gentlman that can't pack envelopes, but I have had a letter from BLS. I won't scan it up, it's only about 5 lines so here is the text.

 

Dear Mr *****

Your monthly payment plan has now expired

I have NEVER had a payment plan with BLS. I pay £1 token payment and after about 10 months they accepted it, hardly a plan.

 

In the circumstances, your monthly repayment has been increased to £2.00 starting next month.

So what circumstances are these then ? Do they mean the fact that Lloyds stii haven't replied to my CCA request ?

 

Please ensure that you increase your payments to avoid arrears accumlating on your account.

That has to be the most stupid statement I've ever read.

____________________________________________

 

That's it basically followed by, if you can't pay please contact us blah blah.

 

Now a couple of quick questions:

 

Do I write back and put them in the picture, with a copy of my last letter to Lloyds and explain as a goodwill gesture I will carry on with my token £1 payment ?

 

Do I ignore and carry on with my £1 payment ?

 

Could I CCA them, even though Lloyds haven't sent me one yet ?

 

Any other ideas on which route to go, advice greatly received.

 

Cheers

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Send the guesture of good will letter and advise them that the duesture is made under specific circumstances and if LTSB fail to adhere to all the cirs then the guesture is withdrawn.

 

That way they will be fully aware of the terms behind your letter.


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 GM,

Finished sulking now after the footy :( Thanks for the reply, that's the way I was thinking of going cos they are just annoying me now. Getting passed off to one dept/person then another, claiming they have sent letters that never arrive. Funny how all the demands arrive though.

At the end of the day if they don't want to play by the rules then I have decided I won't and if it comes to it ALL mail will be returned as NO LONGER LIVES HERE !!

I have nothing to lose now....... they have, so it is in their interests to just answer my bloody letters at least.

Sorry rant over now.

Letter will be sent this week followed by £1 payment :)

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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.


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

Cheers for the reply mate. BLS are just collecting on behalf of TSB, as we know they are one and the same, just different desks.

Letter sent informing them they will be getting £1 as goodwill gesture untill TSB reply to my CCA request. Plus I reserve the right right to cease payments at any time as I see fit if no CCA is forthcoming.

I just get so fed up with the arrogance of these clowns at TSB ignoring letters and then expecting you to dance to their tune. Like I have said before, they have so many bloody departments nobody knows what the other is doing. In fact it's just like dealing with government departments. Hang on, as a major shareholder it is just another government department isn't it ? :)

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I reserve the right right to cease payments at any time as I see fit if no CCA is forthcoming. I just get so fed up with the arrogance of these clowns at TSB ignoring letters and then expecting you to dance to their tune.

 

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 properley, 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.


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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Greetings once again,

OK, letter sent Fri 29th May. Basically putting them in the picture about CCA request, trying to increase my payments, etc. So today decided to check the RM Web site. All it shows is that my letter was accepted at my local post office on that date, never seen that before. Anyway besides it being seven days and the RM can't be bothered providing me proof of delivery I have today got a hint that they have received it.

Simply because of this:

 

Responsetopaymentplan.jpg

 

Coincidence ? I think not !!

Absolutely pathetic response, they get a letter they don't want to respond to so just send a threatogram on different letterheaded paper.

Well they can whistle untill I get a response from BLS. That is unless someone can come up with a decent response to SC&M funny how that spells [problem] don't you think :)

Bearing in mind I still have no proof that my letter to BLS has actually been delivered thanks to bloody RM :x

 

Can solicitors accept payments via Debit/Credit Cards on behalf of clients.

Edited by odds

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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 :D

 

 

 

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 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?

 

Yes

 

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

In a round about way, after about 10 months of token payments Lloyds passed it to BLS who then accepted my £1 payment. Then they have now decided that this is a agreed payment plan with them and tried to double the payments. I have never agreed to pay BLS anything, only Lloyds. And it was passed to BLS after defaulting on the CCA request.

Lloyds claim they they sent it to me May 2008 within the deadline, I never got it.

They arranged to send it again, which is when I got the letter saying "Enclosed is a copy of your Application Form" ............ with nothing enclosed.

 

 

 

 

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.

 

I think that is an interesting point about paying by credit card actually. If you buy something on a buy now pay later scheme, a lot of companies will not accept Credit Card payments, cos you are paying for credit by credit. I know cos I did it a few years ago, and it was confirmed by my bank (Lloyds) at the time.

 

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

 

I was thinking I don't actually need to reply to [problem], but I need confirmation off RM that my letter was delivered. If BLS have my letter then I will wait for a response from them first. On the oher hand though may be worth making Lloyds 10bob solicitors/secretaries aware of the situation AGAIN !

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they have sent me a letter as well i wrote back making my point very clear. I have not heard from either company in reply but my letter was sent wednesday


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 again,

After sending the letter to BLS I have been waiting for delivery to be confirmed by RM via Track and Trace. It still says it was accepted at my local Post Office on the 29/05/06, so I contacted RM to see what was going on and here is the reply:

 

Dear Mr

 

Thank you for contacting Royal Mail.

 

I'm sorry to hear that an item of your mail has not yet been delivered.

 

Of the huge volumes of letters and packets we handle, very few encounter a problem along their way - but we take every single failure seriously, so I'm really sorry that you have had cause to contact us.

We aim to deliver 1st Class post on the working day after we collect it and 2nd Class post within three working days of us collecting it. These are known as the 'due dates'. Working days are Monday to Saturday excluding bank holidays.

 

Unfortunately we cannot track 1st, 2nd Class post or Standard Parcels at any stage of its journey; therefore we cannot search for your item. This also applies to Recorded items, as they are only tracked once they have been delivered and signed for. Unfortunately we do not have any tracking information or a signature to confirm the delivery of this item.

 

If your item still hasn't been delivered after 15 working days from its delivery due date, you may wish to consider submitting a 'Lost, damaged or delayed inland mail claim form' (also known as a P58) to progress a claim for the loss of the item. These forms are available from all Post Office® branches or alternatively, you may wish to print one out from our website by clicking on the following link:

 

www.royalmail.com/p58

 

Please ensure you complete the form in full, providing as much detail as possible to help with our investigations, including any evidence to support the posting of the item.

 

Once again, please accept my sincere apologies on behalf of Royal Mail for the problem you've had, and our thanks for taking the time to make us aware of this. Please be assured that we take letting our customers down seriously and will use this information to make further improvements.

 

Regards

 

Kirsty Roberts

Customer Service Advisor"

 

Well seeing as I gave them the Tracking Number and it is showing on the web site as accepted at the Post Office what more proof of posting do they want ? :)

 

Do I send it again or just pressume that BLS got it ?

Typical, just when you need it most.

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Photocopy the recipt and send it back with the form.

 

Re send to BLS


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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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 by N.P
Dodgy spelling

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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NP i agree with the service of RM and i have family working for them.

 

Tho if odds complains he may get a free book of 6 first class stamps


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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NP i agree with the service of RM and i have family working for them.

 

Tho if odds complains he may get a free book of 6 first class stamps

 

 

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


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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