Well, I thought it was all over....

[Tygermoth]

Well I spent years fighting with Lloyds TSB over a debt allegedly taken out in 1999. After a Data Protection Act they send me a letter stating they have no copy of the loan agreement. I call up (unrecorded call unfortunately) and they stated they would not take the matter any further....

Today a letter from RW&C demanding payment with added fees and threats of a visit.

What do you lovely people think of my reply.. does it do the job? would you add or change anything?

Dear Robinson, Way & Company Ltd,

 

Ref ***

Account ***

 

Thank you for your recent missive and your invitation for one of your local agents to call. Please note for your records I will not be setting a repayment plan or requesting a visit. This is for two reasons:

 

·I do not acknowledge this debt

 

·There is no enforceable agreement relating to this debt.

 

Please feel free to liaise with Lloyds TSB who will confirm this debt is unenforceable and that they agreed not to take the matter further. For your records Lloyds have confirmed they have no records/agreement relating to this loan in their letter dated 25th July 2006 from Ms **** ref ******.

 

As such I invite you to take the matter up with them as I will not be entering in to any further correspondence with you regarding this matter.

 

Yours sincerely

 

tygermoth

[N.P]

Hi there tygermoth,

 

Here`s one I sent to Lowells, try this if you want

 

Edit to suit -

 

 

 

Dear empty heads,

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

What the hell are you dribbling on about? You ask me for a payment, without proving anything. Are you on smack or something? I would point out that I have no knowledge of any such debt being owed to, or have even heard of Lowell Portfolio.

 

I am also familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the Office of Fair Trading say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question, for example, the last bill you have at our address, or your receipt of purchase. This would be very interesting to see.

 

Further to the above, and your threat to arrange for a moron to visit, do you honestly think I’m going to entertain your so-called agent? I don’t think so! Make sure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment and dealt with accordingly - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you choose to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine, far more than this alleged debt.

 

May I remind you, there is only an implied license under English Common Law for people to be able 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

 

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the Trading Standards department and consider informing the Office of Fair Trading of your phishing actions.

 

I look forward to your reply.

 

Yours sincerely

 

 

 

Hope this helps.

 

If I have been helpful or made you laugh in any way then please click my scales

 

Regards

 

 

N.P

[stikky62]

Are you on smack or something?

 

lol,,,i like it (the comment....not smack)

[JonCris]

Tygermoth delete the bit about there being no enforceable agreement that implies there must have been one or why would you know or even ask

 

I do not acknowledge any liability to your company whatsoever will suffice plus the bit in Np's letter referring to the withdrawal of the licence to visit

 

& whilst I really love NP's letter I suggest you tone some of it down particularly the bit about morons using smack as while no doubt true it could cause you problems if you actually put it in a letter:D

Edited June 28, 2008 by JonCris

[dannyboy660]

I wouldn't bother wasting money on the cost of postage if I were you. If you still have the original correspondence with Lloyds it would be far better to just let RW continue to write because you are only a letter or two away from the threat of legal action, at which point you have by them by the gonads. The home visit threat is enough in itself really.

 

Let them carry on, and when you have enough ammo make a complaint. This is going to become increasingly common I suspect, as the Banking Industry cuts loose the 'Financial Services' sector to let them take the fall, post credit crunch. Lloyds have sold it to someone to recover some of their losses, and now some sucker has a worthless account on their books. Poor souls.

[JonCris]

Danny has a point. Wait & let them hang themselves on their own petard

 

The DCA's are bulk buying debt without any knowledge of the circumstances surrounding it

[Tygermoth]

When you state after a legal action threat i would have them by the gonads i will assume you mean because there is no agreement, so they cant take me to court??

[Tygermoth]

Better? (I will be sending this via email and from an little used account I usually provide when the site is likely to spam me)

Dear Robinson, Way & Company Ltd,

 

Ref ***

Account ***

 

Thank you for your recent missive and your invitation for one of your local agents to call. Please note for your records I will not be setting a repayment plan or requesting a visit, this is because:

 

·I do not acknowledge this debt

 

For your records Lloyds have confirmed they have no records/agreement relating to any monies in their letter dated 25 July 2006 from Ms *** ref ***.

 

I am also familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the Office of Fair Trading say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to harassment.

 

As such I invite you to take the matter up with them as I will not be entering in to any further correspondence with you regarding this matter.

 

May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission. Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

 

Yours sincerely

 

Edited June 28, 2008 by Tygermoth
opps left me details in the letter.... doh

[dannyboy660]

You've got the right idea..but it might be a good idea to remove your name from that last post!!!!!

 

 

Oh yes...it's like a 'Tommy Atkins' or 'A.N. Other' moniker. I get it now

 

Like Samuel Clemens and Mark Twain...........

[ODC]

Im in Danny boys camp on this one. You know that there is no agreement so I would let RWC babble on with their empty threats. I would totally ignore them while at the same time gather sufficient evidence to warrant a prosecution by the OFT under the lovely Unfair Trading Regulations 2008

[babybear39]

Subscribing...

 

Good luck.

[Guest forgottenone]

A-ha! Some of NPs letter I can use for my own problem ... get so caught up in what I need to say, but there's some very useful info there to help me say it more succinctly, better. Thanks!

[Tygermoth]

Thank you for the person that PM'ed me and stated this debt should also have been statute barred.

 

if payments were made on this account does that invalidate the statute barring? (if that is even a word lol) i was approached about two years after the loan was allegedly taken out and CCJ filed..... i was pressurised into making payment, being young and foolish I did.

 

The CCJ that was lodged against me many years ago for this alleged loan has dropped off my credit file and i now have an excellent credit history ...... can they lodge more defaults etc??

[medsec]

Subscribing, cos I have the same question!!

[dannyboy660]

Blimey!!!!

 

You didn't say you had a CCJ!!!

 

Let's just disperse a few clouds and ask a straightforward question - Do you recognise this debt?? I mean, do you actually owe it???

[IdaInFife]

If you already have a ccj they can apply to court to re-enforce it.

 

 

Idax

[Tygermoth]

Oppps sorry, after a hasty check on experian and my records it was a default not a CCJ - sorry for the confusion. I had put this to bed and Lloyds said they were not going to take the matter further so i am a but rusty with the details.

 

Hope that helps...

 

(I am really sorry was getting all worked up yesterday when i posted so was not thinking clearly... its amazing how a DCA can wind you up and stress you out and get you all turned around)

 

In relation to the debt... i DID have a short period that i banked with Lloyds in 1999 but it was only a few months, they could not sort out my DD 's and kept messing me about. I never took out a loan with them as far as i am aware however they keep changing what the amount owing is for... one letter states overdraft and fees... another says loan.... this is why i asked for DPA because i wanted to know what the hell i was being chased for.

 

At this point i got a letter stating 'we have no agreement, records or account details that relate to this account - but we are not obliged to keep them and we are happy you owe us so pay up...'

 

This was the point i called them and they stated that as they had no details they would not pursue the matter - Abby (the lady in question) stated that lloyds was being utterly ridiculous chasing a debt to which they could not prove/show/provide any details for.

 

Hope that clarifies and again....sorry

[saintly_1]

In relation to the debt... i DID have a short period that i banked with Lloyds in 1999 but it was only a few months,

 

When was the last time that any payment or written acknowledgement of the debt was made by you because from reading your last post it would appear to me that the debt is statute barred

[dannyboy660]

Phew...no CCJ is good news, that had me worried there for a moment.

 

As Saintly points out, it may be Statute Barred anyway, so I'm going to revert back to my original stance of ignore the swines.

[Tygermoth]

to add balance...I last made a payment about 1 year ago. I was paying £15 per month at the time (because my financial situation was really quite bad i basically just rang everyone that was chasing me and set payments up)

 

It wasn't until years later I realised that some of the items i was paying just didn't add up... that's when i started investigating.

 

In total i have paid about 2 yrs at £15 per month (the balance in the letter is £1995). I stopped paying after Lloyds confirmed they had no agreement.

 

Thanks for the replies everyone, much appreciated.

 

Tyger

Edited June 29, 2008 by Tygermoth
to add balance