Sechiari, Clark & Mitchell/ No CCA from Lloyds **WON**

[citizenB]

CONGRATULATIONS CB!

DCA have now passed a/c back to Sechiari who have written saying they will start court proceedings within 7 days but then go on to offer a partial repayment - we CCA'd them back at the beginning of this year and have had nowt... perhaps we'll get a similar letter;)

 

 

fingers crossed for you.

[N.P]

CONGRATULATIONS CB!

DCA have now passed a/c back to Sechiari who have written saying they will start court proceedings within 7 days but then go on to offer a partial repayment - we CCA'd them back at the beginning of this year and have had nowt... perhaps we'll get a similar letter;)

 

 

Empowered, I had one of those 7 days deadline letters and responded well with an excellent letter supplied by pt2537. They then past the account back to Lloyds who then past it to some idiot at Debt Managers who have gone on the run now.

 

Keep up the scrap and we`ll all get their in the end. I just keep getting letters stating they are unhappy that I don`t think the agreement they sent is valid.

 

Well done CB, that gives us all hope against Lloyds TSB now. A big well done to everyone who helped out with your battle.

 

 

 

N.P

[babybear39]

Congratulations CB

 

[citizenB]

Thank you babybear:-D

[Bookworm]

 

and

 

 

Edited November 4, 2008 by Bookworm

[sea-sidelady]

That's brilliant. Well done CB

 

[citizenB]

Oh WOW.. thank you bookie and seaside lady:D

[fedup74]

Well done citizenB about bloody time!!! Really pleased for you:)

[caro]

Great to get some good news CB. Well done.

[citizenB]

Thank you caro and fedup.

[mcuth]

Nice work CB, congratulations - hope my case with them goes the same way!

 

Cheers

Michael

[citizenB]

Michael I do hope so. I am rather surprised they just caved in and OH didnt need to go to court. Not that I am unhappy about that you understand

[Having_A_Knightmare]

Well Done CB

 

HAK

[citizenB]

Thanks HAK:D

[angel_1]

hiya CB

 

well done, ive only just seen this thread of yours and only found the successess and won threads and ive now subbed so i can see everyones successes and follow the threads

 

im so very happy for you and i do hope they dont find mine neither, but im going to see if i can find any old paperwork of when my card taken out, i do think its about 10 yrs old at least, so fingers crossed

 

im at the early stage and so i m thinking of sending a dispute letter and make it even more beefier that no other correspondence will be entered into until they provide me with a fully legal executed agreement or advice cannto provide one

 

oh am i wishful thinking?

 

anyway my thread is here below if you havent already seen and wish to throw me your comments i will take gladly

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/164502-lloyds-tsb-cca-request.html

 

 

laters and thanks angel x

[underdog13]

Just found this very encouraging thread - congrats CitB:)

 

I'm just starting down this road; received my first letter from ****, a DN and account is due to be terminated - all despite the fact they have not supplied my CCA in over 3 months. My card is not as old as yours, but heres hoping.....

[N.P]

Just found this very encouraging thread - congrats CitB:)

 

I'm just starting down this road; received my first letter from ****, a DN and account is due to be terminated - all despite the fact they have not supplied my CCA in over 3 months. My card is not as old as yours, but heres hoping.....

 

 

Hi underdog13,

 

Welcome to the Lloyds TSB train to nowhere.

 

Can you start your own thread on this one and paste a link on this thread, so we can follow it with you?

 

I have my own scrap going on with Lloyds TSB, it has been through 3 DCA`s and **** twice. So far it has been quiet for a good month or so, but I`m expecting some more static soon.

 

 

 

N.P

[underdog13]

Thanks NP - I will do.

 

Will come back and post a link when I've started the thread

[underdog13]

Hi the thread is set up now; Underdog v Lloyds

 

Sorry I can't set up a proper link, my computer is refusing to copy and paste - very weird.Scanner and printer went haywire yesterday, too. Think my electrical gadgets are getting as stressed out as I am:rolleyes:

[citizenB]

Hi the thread is set up now; Underdog v Lloyds

 

Sorry I can't set up a proper link, my computer is refusing to copy and paste - very weird.Scanner and printer went haywire yesterday, too. Think my electrical gadgets are getting as stressed out as I am:rolleyes:

 

Here you go underdog, you do realise I am just showing off dont you

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/175685-underdog-lloyds.html

[underdog13]

Lol:D Thanks CitizenB

[JNJL]

Hi

 

I am also in dispute with LLoyds they are an absolute nightmare and take absolute no notice of any letters and are the only creditors out of 10 that we have never agree to any payment plan - even one drawn up by the CAB. We have been passed to sechiari, Clark & Mitchell, who moved it onto Allied Internatioanal Credit who are a complete pain in the **** and are now threatening to put a charge on the house and the other loan to Apex Credit Management who just hound us on the phone every day.

 

My advice is to keep reading advice on here and throw some of it back at them over phone - its quite amusing to hear them getting all stroppy and then slamming the phone down!!!

 

Awaiting reply from 'Dispute letter' keep in touch, i have a thread running also in this section posted today under Help required to tackle Lloyds TSB

 

Good to hear that its not just us!!

[Goldlady]

Mine has been through all of the above and is now with the dreaded Moorcroft. As they deleted my phone number about three DCAs ago all they can do is send threatograms for me to file:D

[JNJL]

How did you manage that Goldlady? would consider changing phone number if it wasn't for business! They just take absolutey no notice of 'communicate with me in writing' !

[Goldlady]

Further to your telephone calls and numerous letters I would point out that Lloyds TSB were asked to provide an original copy of my Consumer Credit Agreement in relation to the alleged debt on xx 2007 and again on xx 2007.

 

To date they have failed to comply with my statutory request for a true, signed copy of a regulated credit agreement and have therefore defaulted in respect of the above account.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974 and is a complete defence in any court claim that is issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law. This means that any attempt by your company to enforce this alleged agreement will represent a further offence until such time as it can be produced in court.

 

As Lloyds TSB have been unable to provide me with the requested information within the legal timeframe, it is my belief that they were never in possession of a true copy of the alleged agreement. In light of this, I find it astonishing that you have had the audacity to claim for an alleged debt, without being able to provide any legal evidence that the debt exists, within the time frame allowed by law.

 

The law set in the Consumer Credit Act, 1974 must be abided by everyone; people and companies alike and taking the above into consideration, no court would look favourably upon your failure to provide true, accurate information which I assumed that you already had in your possession, prior to issuing letters demanding payment, these letters must cease whilst in dispute, otherwise these can and will be deemed harassment by letter, which again is against the law.

 

Furthermore, at no time did I consent to the processing by you of my data in any manner which would be unfair or inaccurate, or which in any way would breach The Data Protection Act, 1998. If this alleged debt had been legally assigned to you, then any personal data relevant to the credit agreement allegedly entered into may only have been passed to you provided that my (the borrower's) authority was obtained in the original agreement.

 

However, you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you.

 

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

 

Ironically, your failures prompt me to again focus your attention on the content of both the Consumer Credit Act 1974 and the Data Protection Act 1998, the substance of which should clarify your current position, future conduct and direction regarding both my personal data and unenforceable debts.

 

With regard to my personal data and your failure to produce the aforementioned documents, I also require that you remove any reference to this alleged debt from my credit file and request an immediate cessation of any processing of unsubstantiated data to third parties under provision of The Data Protection Act, 1998 & The Consumer Credit Act, 1974.

 

I shall also complain to the Trading Standards also the Office Of Fair Trading, and my Member of Parliament about your conduct in this matter and your liability for holding a Credit Trading Licence.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that I consider this matter to be “in dispute”.

 

This is one of many letters I sent them back in 2007. Not sure if that was what did it, but I have written quite a few:D