M1PLG v Lloyds cc

[banker_rhymes_with]

Hello T99!

 

They went quiet here for a few Days, I thought the Harassment Letters and Information Commissioners Office Complaint may've had the desired effect.

 

Nope, they were soon back on form again, but it gives me another nice set of Harassment Call Logs and Messages to add to the growing Pile. Just need a few more Calls and I'll have over 300 that I'm fairly sure were made by the Chester Jesters.

 

Hang on in there!

 

Cheers,

BRW

[Tonka99]

Heool

Edited May 15, 2008 by Tonka99
mistake

[Tonka99]

Hello BRW

how are you doing ?

 

Things seem to be hotting up here with lloyds, they have sent two

letters today from the same Solicitors both saying the same thing

but about differant accounts, now hubby has a unsecured loan that

we are currantly unable to pay , we also have a joint personal acc

which this week have had £430.00 of charges added we do not

stand a chance in h*** of getting that back in order , they have

Defulted us three times on the loan , and twice on the unuthorized

joint acc .

I have sent cca and SAR to them they are about half way at the

moment , because we have my c/c oh c/c loan and joint acc they

may decide to play dirty:eek:

any thoughts

 

may thanks T99

[adamski]

May i just add and pt mentioned it that the agreement that you have scanned is not executed according to section 61 of the 1974 CCA

 

61

.—(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,

 

This is key to unenforcability of the document in my honest opinion.

[Tonka99]

Hello Adamski

 

Thanks for the reply

what do you think should be my next move do i tell them

its not properly executed and put the account in dispute ?

because they are circling around me now im getting a bit

nervous and am just not sure what im doing:confused:

 

Regards T99

[banker_rhymes_with]

Hello T99!

 

tell them its not properly executed and put the account in dispute

 

Dispute everything that you can. If it is not correct, then Dispute it. Likewise, if they take a Week to Write, you take a Week to Reply. You must create as much thinking time as you can. Time when you can also keep earning, that is vital.

 

The best thing is to focus on these being individual alleged Agreements.

 

The fact that many may be with the same bankers is best ignored. It's not one bank with four alleged Debts. It's four alleged Debts (use different Colours if it helps: Lloyds, Lloyds, Lloyds, Lloyds)!

 

Keep Files for each, and write to them as if they were different banks.

 

Try to forget if any are with the same bank, or you could lose focus and strength, and then the whole flood will wash over you, making you miss the fact that some/all of them had flaws you can fight.

 

Fight each alleged Debt on its own.

 

Discuss each alleged Debt on its own.

 

Refuse to let them group the alleged Debts, and make them re-draft any Letters to you if they mention more than one alleged Debt.

 

Be pedantic.

 

If they write to discuss alleged Debt A and also mention alleged Debt B. Write back discussing alleged Debt A, and tell them alleged Debt B has no relevance.

 

And Vice Versa if they write about alleged Debt B and also mention alleged Debt A. Write back discussing alleged Debt B, and tell them alleged Debt A has no relevance.

 

If you don't, they will try to merge the issues, and will try to paint you in bad light to paper over their own weaknesses.

 

Keep Paying any Secured Debts, as they are key.

 

Perhaps also consider a Parachute Account with, say, the Co-op or similar. If your existing bankers are taking the micky, then seek a way to funnel funds into a place where you can maintain control, and then aim to run home/business Cash Flow from there.

 

But keep on top, look at each one on its own. I find keeping them in different Files useful. Put one away before getting another one out, and avoid getting them all out on the Table at the same time!

 

I do hope this helps. Mainly fighting talk rather than a Legal answer, I regret. But it may yet help you to manage these issues by breaking them down into bite sized chunks rather than let them build into one bigger banking feast!

 

Cheers,

BRW

[Tonka99]

Hello BRW

 

again to the rescue:razz:

 

As you say keep all accounts seperate so if they decide to

take us to court:eek: will it be one case pre account :idea:

We are in the process of opening an account with A/L

as we have two business accounts one joint acc one

business loan & one personal loan and oh has his own

account .

our business accounts have no overdrafts and the business

loan is being paid monthly , that was a loan put together

by lloyds to pay back overdraft and charges from our 1st

 

business in Devon . It is unfortunate that business reclaims

can not be sorted im not sure if that means never can or

what have not gone it to that as i feel i have enough on my

plate at the moment.

I think i will write to them and say that they have failed to respond

properly to my cca and hope to put the account into dispute,

that is what i have done to BC and Cap 1 .

 

what about the Solicitors do i send them a copy as well .

 

BRW I do realise you are not yet a legal eagle however

we do seem to be in the same s***

and it is nice to have you as back up when things get me

down , was up till 4.15 this morning doing accounts VAT

ect so im shattered

very many thanks

 

cheers T99

[slick132]

Hi Tonka,

 

I've been keeping up with your various threads but you seem to be coping.

 

Just shout if you get stuck - I see BRW is keeping you company.

 

It is unfortunate that business reclaims

can not be sorted im not sure if that means never can or

what have not gone it to that as i feel i have enough on my

plate at the moment.

 

At the moment, the opinion is that business claims are not currently viable although we are keeping this under review. We have yet to see if the OFT or the banks lodge appeals against the initial judgement.

[Tonka99]

Hi Slick

 

Great to hear from you will be back over your side over the weekend

as things are hotting up there as well im having a suit of Armour made

out of my horsebox looks like i will be needing it soon enough .

take care

regards T99

[banker_rhymes_with]

Hello T99!

 

our business accounts have no overdrafts and the business

loan is being paid monthly , that was a loan put together

by lloyds to pay back overdraft and charges

 

Restructuring a Business Overdraft into a Business Loan helps nobody except the bankers.

 

It's their way of Calling in the Overdraft without actually saying they are doing just that. OK, it's not as bad as Calling it in there and then, but it is Calling it in, just spread out over 3-5 Years, or however little time they convince you was a favour to you.

 

A business short of Cash with a 20k OD on the Limit, may only need a 5k increase to get back on its feet again.

 

The bankers will instead convince you a 20k Loan is better, but then you just end up with no Overdraft and no Cash (still), and a Monthly dead weight Payment that cannot be used as Working Capital.

 

A small OD increase could get things moving, OD may be worked down from 24k to 20k to 18k to 16k etc, and you build a Cash Flow Reserve in the OD, that can be used when needed.

 

A 20k Loan and no OD is like a Ball and Chain by comparison.

 

Had our High Street Bankers lent Small Business only a little more money, many of us would not have had to obtain funds from the Vulture Banks imported from the USA.

 

We'd have been better off, and our High Street banks would've been better off.

 

Instead, we are heading fast for a Recession, as UK plc has been knobbled at the Little Acorn level for the last 10 Years. All the Little Acorns have been bled dry via the only finance they could get, namely, vulture ramped Credit Cards and expensive Loans with PPI...the proceeds of which mostly went abroad!

 

What did our own banks do? Close branches and transferred all of their duties to Call Centres in India! Can you speak to a bank Manager these days? Answers on a very little Postcard please!

 

And the sale of Yachts and Executive Jets to bankers are stronger than ever, they can't spend it fast enough!

 

There, don't get mad, get even with these people!

 

Cheers,

BRW

[Tonka99]

BRW

its as you say no win no win no win

untill tomorrow

 

sleep tight

T99

[RubyRose]

Tonka,

How are you dealing with Schari,Clark & Mitchell. I seem to be in the same situation.

 

Ruby

[Tonka99]

:!:Hello All

 

Im starting this thread for my OH as we have a problem with

(1) Loan account in his name

(2) Overdraft on joint account made up of charges

(3) Old credit card in his name

 

At this time we are having letters sent from Sechiari,Clark & Mitchell

Solicitors

Today recieved ;

" If you do not IMMEDIATELY forward a payment of £00,000.00 or

alternatively make a payment to your local branch today our client may

instuct us to commence legal proceedings against you."

 

What I have done so far is Sent CCA for C/C no reply 12+2 +21 so far

Sent SAR for all accounts 44 days gone .

now we have recieved statements for C/C ages ago so we know they

have recieved the SAR but nothing on the loan.the thing is dont know

what to do about the O/D charges as its a joint account

Maybe I should start threads for each one .

 

At this time we have with LLoyds

Two loans 1 business 1 personal

Two business accounts

One joint acc

One gold account

 

Whats bothering me most is that they wrote yesteday to say that

we have ten days to pay of the OD or they will take money from OH

Gold Account:o

We have applied for a Business Ac and Personal Ac with another bank

pray we are lucky , our business loan and both B/Accounts are all up

to date and no problems .

 

AS LLoyds have not complied with the SAR can I put these accounts

into dispute

Any thoughts on next move

 

Thanks to all who have looked

HELP PLEASE

 

cheers T99

[redsue]

Hi T99 - think you are in the wrong place - ask a mod to move you to Lloyds

[Tonka99]

Hello

Thanks Redsue

 

Please could some kind Mod move this over to LLoyds as I have

posted it in the wrong forum very sorry

 

T99

[slick132]

DOH !!

 

Move requested

[slick132]

Tonka,

 

On reflection, you should start a new thread for each of the above topics in the Lloyds forum. Otherwise, the 3 a/c's will get mixed up and the thread and advice given will be confused.

 

Copy and paste from here, if it'll save you time.

[Tonka99]

Thanks Slick

 

got to go out now will be back on tonight .

 

very many thanks

 

T99

[Tonka99]

Hello all

 

Im starting this thread for my OH as we have a problem with

(1) Loan account in his name

(2) Overdraft on joint account made up of charges

(3) Old credit card in his name

 

At this time we are having letters sent from Sechiari,Clark & Mitchell

Solicitors

Today recieved ;

" If you do not IMMEDIATELY forward a payment of £00,000.00 or

alternatively make a payment to your local branch today our client may

instuct us to commence legal proceedings against you."

 

What I have done so far is Sent CCA for C/C no reply 12+2 +21 so far

Sent S.A.R - (Subject Access Request) for all accounts 44 days gone .

now we have received statements for C/C ages ago so we know they

have received the

 

S.A.R - (Subject Access Request) but nothing on the loan.the thing is dont know

what to do about the O/D charges as its a joint account :idea:

Maybe I should start threads for each one .

 

At this time we have with LLoyds

Two loans 1 business 1 personal

Two business accounts

One joint acc

One gold account

 

Whats bothering me most is that they wrote yesteday to say that

we have ten days to pay of the OD or they will take money from OH

Gold Account:shock:

We have applied for a Business Ac and Personal Ac with another bank

pray we are lucky , our business loan and both B/Accounts are all up

to date and no problems .

 

AS LLoyds have not complied with the S.A.R - (Subject Access Request) can I put these accounts

into dispute :idea:

Any thoughts on next move

 

Thanks to all who have looked

HELP PLEASE

 

cheers T99

[Enron]

Will get someone more knowledgeable than me to look in here.

 

However I would consider taking money out IN CASH of the Gold Account that they are threatenning to deduct funds from. Set up another account with another bank and deposit it there.

[rory32]

As Enron says take as much cash out of the Gold account as you can. Even if you can only open a basic account elsewhere then do that.

dont know what to do about the O/D charges as its a joint account

All that means is that either of you can claim the charges back.

 

Have you sent the LBA for the SAR non compliance?

Edited June 17, 2008 by rory32

[rory32]

Okay I think you need a plan of attack rather than wait and see what happens. In the circumstances we can dispense with the LBA.

 

I would make a complaint to the ICO today about the banks conduct regarding their breach of your SAR.

 

Also you should issue a summons for the charges straight away on whatever charges you are aware of as the solicitors are getting pushing, you can always amend the amount later. Include the Data Protection Act breach with it. Get the court to issue the summons but you should also fax a copy to the solicitors and warn them not to get stupid.

 

The best form of defence is attack in these situations and you need to take control of the situation rather than let the bank dictate to you.

[Tonka99]

Hello all

 

UPDATE ;

had letter today from MHA Collections

"

We have been instructed by lltsb to recover the arrears as you

have failed to respond to their request for payment .

 

IF YOU DO NOT immediately FORWARD A PAYMENT OF £000000 to

the above address or make a payment at your nearest LTSB branch

TODAY, SC&M solicitors may comence legal proceedings against you.

 

Who are these MHA they have a PO Box in Windsor

 

Think its time to question the CCA they sent , who should I send it

to Lloyds SC&M or MHA

 

thanks for looking in

 

T99

[slick132]

HI Tonka,

 

Send a ltr saying you have taken advise and the response rec'd to your CCA request does not meet the requirements and the debt is not enforceable.

 

Send this to whoever you sent the CCA request to and send copies to, I assume, SC&M and MHA.

[Tonka99]

Hello all

 

Have received finally the cca back from Lloyds this has taken

weeks they are way over the 12+2+30.

Could some kind person please take a look ,

 

 

 

 

http://i302.photobucket.com/albums/nn99/sexeysarms/mrtonkacc.jpg

 

http://i302.photobucket.com/albums/nn99/sexeysarms/mrtonka99.jpg

 

This is an Asset card taken out in 2000 I sent a SAR for the statements

and they arrived before the CCA

 

 

Thanks for stopping by

cheers

 

T99 (mrs)