Jump to content



  • Tweets

  • Recommended Topics

  • Posts

    • @Andyorch   I didn't know that. Thank you.
    • Are you saying the 6/3 year rules does apply to me, even if I only realised it was mis-sold in 2019?   The agent is talking as if I knew this was not compulsory in 2003 when I signed for it 😕   
    • Yes, was received.   Sitting on my hands has never been a strong point.    
    • Thanks both,   The only thing I am still not clear on is there were 4 DCA's that were reporting on my credit report and as I complained they have stopped BUT there is no default date on these debts. Can they start reporting these debts again on my credit report if I stop paying.   When I tried to re-mortgage a few years ago I was refused as these 4 were showing as in a DMP. Ofc they are not now as I told them it should have defaulted BUT they werent actually able to add the default date - so in theory could this happen again.   Thanks so much for your help
    • I'm afraid these kinds of stories are all too common with this company. The impression is that they're not too interested in installing and maintaining heating systems – but rather the finance behind it. Did you do this on some kind of finance agreement? Was it secured on your property? You seem to be doing everything on the telephone – and I think it's about time you started establishing a paper trail. You may end up having to arrange your own service with their authorised installer and if that doesn't happen then you may end up having to get in your own repair person. Of course ASG will then say that you are in breach of their warranty et cetera and that they are entitled to recover all their money back. You will have to show that you are a paper trail in them on notice and that they're not responding and then eventually you had to take matters in your own hands and organise your own repair – for which you would be going to them for reimbursement and also you would have to establish that you had no choice and they are fully liable – including the not allowed to dishonour a warranty. I'm afraid the stories we are getting about this company are dreadful and frankly very distressing
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

1st Credit/LCS RE LLoyds loan scotland


Please note that this topic has not had any new posts for the last 1330 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

You don't need to use a solicitor - in fact many solicitors are not overly familiar with the Consumer Credit Act. It would be Lloyds that you would push as 1st Credit are no longer dealing with the account.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites
  • Replies 92
  • Created
  • Last Reply

Top Posters In This Topic

Hi,

 

I am new here and as I have a similar situation with 1st Credit I thought you might be able to solve a small problem of interpretation for me.

 

When the 12 + a further 32 days have passed what is the exact legal situation and my position as a debtor? 1st Credit were requested 01 December 2008 to produce the original signed credit agreement which they ofcourse have not done, nor have they returned the alledged debt to the original creditor (a high street bank). Now, after the 42 or 44 days without any credit agreement is the DCA in breach of the law? and what about the original debt?

Link to post
Share on other sites

Thanks again for the help and advice.

 

I am just finishing of the letter to send the new DCA and will be posting it tomorrow (recorded delivery) but i was wondering if i should be taking out the line below or do i leave it in?

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

 

Thanks again

Link to post
Share on other sites

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

Have you got a letter of assignment from the original creditor? If you have not then you are within your rights.

Link to post
Share on other sites

Scorpion you can leave that in because you don't have any knowledge of this debt.

 

Gustavious rex there is now no summary criminal offence committed once the calendar month is up. The offence was never enforced anyway. If the original creditor or another DCA now request payment towards the account while in default of your request then they are committing an offence under the Consumer Protection from Unfair Trading Regulations 2008.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Great,

 

So what is the situation a year down the line? This is not my first ''dingaling'' with so called DCA's and Ive got out of some £40,000.00 wth one, however, the problem is the time. What if they will ''find'' the agreement some day in the future. Is it still enforceable?

Link to post
Share on other sites

Got to apologize here,

I do not mean to recommend anyone to not pay their dues. The problem is that we have to many blood sucking creatures that will front load your account with interests to be added and then default you in order to virtually double the amount you owe. I do not feel sorry for these outfits and considering what the banking industry in general has caused lately I say screw them all.

Link to post
Share on other sites

What if they will ''find'' the agreement some day in the future. Is it still enforceable?

Yes, if it contains all the necessary prescribed terms (many don't). Having said that usually they find these things fairly quickly or not at all.

 

If you want help on your specific information on your situation then it is best to start your own thread. If you don't know how to start a thread have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites
Hi,

 

I am new here and as I have a similar situation with 1st Credit I thought you might be able to solve a small problem of interpretation for me.

 

When the 12 + a further 32 days have passed what is the exact legal situation and my position as a debtor? 1st Credit were requested 01 December 2008 to produce the original signed credit agreement which they ofcourse have not done, nor have they returned the alledged debt to the original creditor (a high street bank). Now, after the 42 or 44 days without any credit agreement is the DCA in breach of the law? and what about the original debt?

Advice i have been given, is that if the original lender has a customer credit agreement with the debtor, and were to pass it on to a DCA such as 1st credit or anyone else then they would be in breach of the data protection act, i agree with Rory that it would be best for you to start a new thread on your dealings with the creditors, i feel you have a lot which could be of help to you and others on this forum.

Link to post
Share on other sites
  • 3 months later...

It's been quiet for a couple of months but Lloyds are back and make no mention of my account being in dispute or the fact that I have made a CCA request.

 

The name is correct on this letter this time and the account number I do recognise.

 

 

It also make reference to the account number i didnt know that Apex had used and were demanding payment for.

 

Do i contact Lloyds direct now or just sit and wait since the account is in dispute?

Link to post
Share on other sites

Send LTSB letter 16 from here:

 

The Consumer Forums - Debt collectors

 

Amend to suit, send recorded keeping a copy with your postal receipt, do not sign it print your name.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites
  • 1 month later...

Sorry for the delay in answering but I have been unwell.

 

I don't know if i did the right thing or not considering the account is in dispute but I made payment plan arragements with Lloyd's. I had originally been on a plan but they removed me as the time I could stay on it had expired and thats when I hit problems with First cretins and the Apex.

 

I also had a look at my credit file and this account shows as default. should it show as that as the account is/was in dispute. Can that be removed?

 

Does the account still stay in dispute even if i am back on their payment plan as long as they don't come up with my CCA?

 

Thanks all.

Link to post
Share on other sites

yes it can still be in dispute. they should not apply defaults during this time but most of them do.

 

what is it you actually want to acheive on this account?

 

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

I think I have achieved what I wanted to be honest.

 

I was quite happy paying my reduced payment until the short term agreement ended and Lloyd's passed it to a DCA.

 

Now that it is back on a payment plan for an amount I can afford I am quite happy to pay it but I just wondered if it was still in dispute so if the payment plan ends again then I know it shouldn't be passed to a DCA due to it still being in dispute.

Link to post
Share on other sites

They can still send it to a DCA, the option you have is that while no CCA has been provided, then you can withhold payment if you wanted, so if you are happy being back on the payment plan that is fine, if at a later date they were to pass it on to a DCA, then you could again point out that the account is in dispute, so you have options open to you.

Link to post
Share on other sites

Thanks for that.

 

I think Lloyds only put you on their internal payment plan so to speak for about a year so when the years up I just assumed they wouldn't be able to send it to a DCA this time as the account is still in dispute.

I will just need to cross that bridge when and if it happens.

 

Thanks again

Link to post
Share on other sites

Apologies for hijacking your thread, looking for some urgent advice for the OP in the following thread.

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/199218-council-tax-benefit-help.html

 

Thanks for any advice offered.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
  • 1 month later...

Out of the blue Lloyds have sent me this. Would I be right in guessing that this is my CCA and therefore my account is no longer in dispute?

It did have my signature on it at the bottom.

 

Thanks all.

Link to post
Share on other sites

Is this ALL they have sent you ?, there should be terms and conditions as well.

 

This looks like a personal loan agreement, yes?. You might want to have somone check the figures (APR) to see if they are correct.

 

I see the optional Payment protection has been marked did you agree to this cover, and is it still included in the repayment plan?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

although they should have sent the t and c's with it ,the loan itself looks ok and enforceable. (if figures are ok)

 

what about reclaiming the PPI:

 

Payment Protection Insurance (PPI) - The Consumer Forums

 

Ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites
Out of the blue Lloyds have sent me this. Would I be right in guessing that this is my CCA and therefore my account is no longer in dispute?

It did have my signature on it at the bottom.

 

Thanks all.

 

I see the "optional loan protection) was pre ticked.. you might want to have a look at the posts in the following thread on reclaiming the PPI if it is considered mis sold. From post 137 onwards.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/201020-court-case-3-northern-14.html#post2370963

 

I will try and find someone to look at the figures on your loan agreement for you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...