Global Debt Recovery/GM Law Solicitors LLoyds TSB Loan

[Kholoshian]

Hi all,

 

Well this is my first post although i have been an avid reader and absorber of information for quite some time now. I find the info and selfless help provided on this site totally amazing. So anyway here is MY situation and hopefully you guys can help me step my way gingerly through the minefield of dealing with a DC with a less than friendly track record.

 

I have a debt (previously a personal loan) with Lloyds bank that goes back to sometime in the late nineties. Sadly for me, after the breakdown of my marriage, i was left to pick up the financial pieces. It was all too much and like many before me i stuck my head in the sand and prayed that it would go away. IT DIDN'T!!

 

The debts mounted up and i started getting the nasty letters from the debt collectors for all and sundry. Then one day i had enough of running and so decided to start sorting everything out -house/credit cards/loans/car/storecards - the list was endless.

 

Anyway, i soon managed to start to get things straight and slowly started paying everything off (a slow and painful process). The one debt i really had problems with was the Lloyds loan - this was handed over to Global Debt Recovery, a lovely (not), friendly (not) group of fellows from New Malden in Surrey. The problem was that even though i had made a payment arrangement with them, they still weren't happy. Regularly i would get letters saying i needed to phone them to rearrange payments or letters saying that it was now owned by some other company and i needed to pay in full or legal action would ensue, it goes on and on!!

 

Well, finally i came to the end of my patience with them and told them in no uncertain words to go stuff themselves (although my recollection leads me to think it was slightly stronger than that ). That helped me feel better but obviously it wasn't likely to make them think 'oh well, lets leave him alone'. The letters and threats went quiet for a long time until recently the campaign started again in full swing. I have had new letters from Global and from their henchmen 'GM Law Solicitors' ranging from requests to phone through offers to reduce the amount to threats of litigation. The last one was a letter saying that the debt had been acquired by some outfit called FV-1 Inc (american??) and that the full amount was due.

 

So, i turned to the folks on this forum. I read all that i could and then sent a stiffly worded CCA request - gleaned from the abundance of examples here. That was on Monday recorded delivery and what do you know but i received this reply today and would like your thoughts on it and what my next step should be -

 

Dear Mr Kholoshian,

 

Further to your letter received today, please be advised that due to the age of the debt copy signed agreement is no longer available.

 

However, please find enclosed screen print of the additional information for this consolidated loan account provided bt Lloyds TSB and list of all payments that you have made to us.

 

We are prepared to accept weekly or monthly payments in keeping with your present financial circumstances. Please send your proposed payment offer together with a statement of means and supporting documentation to the above address within the next 14 days.

 

Yours faithfully

 

GM Law Solicitors.

 

Well, this is a change of tune! My last letter informed me that they were about to go legal on my a**. Anyone got any ideas why they are being so conciliatory - i know i have. The screen print out is literally a grey background with white boxes displaying account info. to be honest i could whip up the same thing in MS Access on my computer in about 15 mins.

 

Where do i go from here folks? all suggestions gratefully received.

 

Cheers

 

Kholo

[Goldlady]

Hi, I have had a similar load of bowlarks from LTSB about a credit card. Basically if they have chosen to destroy the paperwork or lose it then they have as much chance of suing you for it as flying to the moon. Hence the change of tactics. I think the ball is most definitely in your court now...

[The GodMother]

Send them a letter saying they have not complied with your request and until they do so the account is in dispute.

[Kholoshian]

Thanks Godmother - i'll do that. Are there any examples that i might use?

 

Thanks

 

Kholo

[ukaviator]

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with. If a FURTHER month passes then the DCA has committed a summary criminal offence, and the matter should be referred to Trading Standards for action once the DCA continues to demand payment. You should include these points in your letter.

 

ODC did a good letter you could amend:

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of hich have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor 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.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[Kholoshian]

Hi, My thanks to Godmother, Goldlady and UKAviator for your advice. I have a question though - do i send back the letter about non-compliance with the CCA now or do i wait the statutory 12+2 days? Cheers Kholo

[PossVox]

Hi,

 

Wait until the 12+2 days is up and then send the letter recorded delivery to be signed for.

[Kholoshian]

Thanks PossVox - the clock is ticking

[Kholoshian]

Hi all,

 

Well i thought i should update this thread even though there isn't much to say.

 

CCA request sent 31 of march 2008

No reply after 12+2

Still no reply after a further 30 calendar days.

 

Letter sent to re-state the fact that they had not complied with providing a true copy of the agreement, statements of account, deeds of assignment and other other relevant info. In addition the letter informed them that as of 14/5/08 the account became unenforceable at law. Also ordered them to stop processing my data under section 10 of the Data Protection Act 1998.

 

What else should i now do? Should i send letters to OFT, Information Commisioners, Trading standards etc or do i wait for some sort of reply. The are being very quiet and it's a bit unnerving. If the advice IS to send letters to the above - what should they say?

 

Any advice on where to go next would be much appreciated.

 

Cheers all

 

Kholo

[spamheed]

only complain to the authorities when they make a demand for payment whilst in default of your CCA request.

 

If you are still waiting for a reply, I really wouldn't do anything, let them go through the motions of trying to find the CCA, even though you've got it in writing that it doesn't exist.

 

If they do demand payment, complain

[Kholoshian]

thanks Spamheed,

 

question: is the CCA request in default after the 12+2 or after the further 30 calendar days?

[Dispirited]

They're in default after 12 & 2 days, and have commited a criminal offence after 30 days.

[spamheed]

wait til after the full 12+2 +30 days are up, then if they attempt to collect after this, start the complaints

[Kholoshian]

Update:

 

Received this in the post today.

 

Dear Kholoshian,

 

This is a final warning of legal proceedings.

You have not made payments on this outstanding account despite repeated requests.

To avoid court action in 7 days you must pay or contact us with your proposals.

 

Your faithfully

GM Law Solicitors

 

So it looks like some complaints letters need to be drawn up. Are there any templates around and who should be my first port of call.

 

Also, something has struck me about all of this - GM Law Solicitors are the same company as Global Debt Recovery ltd. Much like the run of the mill DCA's who seem to be blissfully ignorant of any legal statements made as to their responsibilities, surely GM Law Solicitors should know the law and as such surely they are in breach of operating guidelines at the very least. They are regulated by the Solicitors Regulation Authority. Anyone got any full flavoured complaints letters that i could send to the SRA. I may be way off track with this one but there surely must be some redress against Solicitors who ignore the law on one hand but threaten action with it on the other?

 

Any thoughts?

 

Cheers

 

Kholo

[manchester1]

Good luck Koloshian, following your thread , am in the same boat as yourself , DCA have admitted in writing that they nor OC have a CCA , but still asking for monies , mine would have committed a offence in another 3 weeks .

 

Manchester1:)

[Kholoshian]

Hang in there Manchester1 - you'll be surprised how quick the time passes. BTW who's the DCA chasing you?

[Kholoshian]

sorry to bump this, but does anyone have any advice re my post #14

 

Thanks in advance

Kholo

[2Grumpy]

There's a letter of CurlyBen's that begins "I am bemused" that fits this very nicely. Try searching for it. I don't have the link at the moment I'm afraid.

 

Without the CCA they can do nothing

 

Grumpy

[Kholoshian]

Thanks 2Grumpy - i'll have a search for it.

[Von Greenbach]

Thanks 2Grumpy - i'll have a search for it.

Hi Khol

 

If you do find it, can you please post it

 

Thanks, and good luck, I'm following your thread with interest.

[Rahl]

Is this it ?

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

[Kholoshian]

Von, i think this is the one - not sure though

 

Quote:

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

*- Delete as needed

[Kholoshian]

Well done Rahl, beat me to it LOL

[Kholoshian]

Hi all,

 

Here's an interesting update. Received this letter today from GM - Law Solicitors who act on behalf of Global Debt Recovery Ltd (same people actually).

 

 

Dear Mr Kholoshian,

 

Re: FV1 (Lloyds TSB) Account no xxxxxxxxxxxxxxxx Balance £xxxx.xx

 

We acknowledge receipt of your letter dated May 14th addresses to Global Debt Recovery Ltd.

Although you have previously acknowledged the debt and you were making regular monthly payments prior to the assignment of the debt to Global Debt Recovery Ltd. It is now clear to us that you have decided not to pay the remaining balance without sight of a copy of the original credit agreement.

 

In accordance with your request we confirm that we have now terminated all collection activity for the debt and closed our file. We also confirm that Global Debt Recovery Ltd has not recorded the debt with any of the credit reference agencies.

 

Yours faithfully

GM Law Solicitors

 

What are your thoughts on this one everybody a result methinks!!!

[The GodMother]

looks like they have folded the easy way.

 

Well done and make sure u keep reading the threads as it may/will be passed on to someone else so u will need to go threw this all again.