Lloyds debt no2/ dlc/et all...now with a discount offer...!!

[Dorabell]

 

Any advice on this letter please:)

[ScabHunter]

There is something strange about all of this.

 

You say this letter from Worst Credit has the wrong account number on it? Even DCAs can usually manage to get that right.

 

Is the number on this letter in any way similar to the real one, or in any way similar to the one on letters concerning the other Worst Credit issue?

 

I'm trying to work out what they are doing (not that they probably have a clue themselves).

 

I'm also trying to enlarge the agreement so I can see for sure whether it is enforceable or not.

 

SH

[ScabHunter]

Just another question - you say you sent the CCA request off on 25th April 2008. Can you remember when it was that you applied for the card in the first place?

 

SH

[Dorabell]

There is something strange about all of this.

 

You say this letter from Worst Credit has the wrong account number on it? Even DCAs can usually manage to get that right.

 

Is the number on this letter in any way similar to the real one, or in any way similar to the one on letters concerning the other Worst Credit issue?

 

I'm trying to work out what they are doing (not that they probably have a clue themselves).

 

I'm also trying to enlarge the agreement so I can see for sure whether it is enforceable or not.

 

SH

 

1st credit number does not correspond with lloyds tsb, the other tsb account is being chased by Allied International there number dont correspond with tsb i hope i have not confused you lol because i am lol

[Dorabell]

Just another question - you say you sent the CCA request off on 25th April 2008. Can you remember when it was that you applied for the card in the first place?

 

SH

 

this card was owned by MORE THAN > then had a letter to say it was being taken over by LTSB i have try to look for the letter no joy on my credit file it says start date 25.04.03 the same date on the agreement, the last update on my file was 31.08.08 number 6 hope that helps:)

[ScabHunter]

Thanks.

 

The final question, and this is a very important one. Is this agreement which you have posted here, in the same condition as the actual copy which you have been sent, or is it just the copying which has made it illegible?

 

This is critical because I have magnified your scan at different levels, and the vast majority of it is still illegible. I am severely short sighted and have no difficulty seeing large objects close up, but I cannot make this out.

 

If the copy you have is this poor, I don't see how it could possibly be enforced.

 

I just wish I could see it well enough to see if it had other obvious flaws.

 

SH

[Dorabell]

Thanks.

 

The final question, and this is a very important one. Is this agreement which you have posted here, in the same condition as the actual copy which you have been sent, or is it just the copying which has made it illegible?

 

This is critical because I have magnified your scan at different levels, and the vast majority of it is still illegible. I am severely short sighted and have no difficulty seeing large objects close up, but I cannot make this out.

 

If the copy you have is this poor, I don't see how it could possibly be enforced.

 

I just wish I could see it well enough to see if it had other obvious flaws.

 

SH

 

its the actual copy they have sent it is very poor

[babybear39]

I'm sure the OP said that was the quality of the copy in which case this applies, courtesy of pt:

 

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

Quote:

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

[Dorabell]

Thank you both for your advice what would be the next step:)

[ScabHunter]

Right. I see babybear39 has got in before me with the relevant legislation. I really don't see how anyone can claim that this is enforceable when it is hardly possible to make out a single sentence.

 

I will ferret out a letter for you to send. The only question is where to send it to. As the Worst Credit letter has the wrong number on it and could relate to anything, I would send it to Lloyds.

 

As for Worst Credit, I think this letter can be ignored. It is totally unclear whether it relates to this alleged debt, the other one, or is just a mix up of your address and somebody else's account number. As you have had no Notice of Assignment, it seems unlikely to relate to this, anyway.

 

SH

[Dorabell]

Right. I see babybear39 has got in before me with the relevant legislation. I really don't see how anyone can claim that this is enforceable when it is hardly possible to make out a single sentence.

 

I will ferret out a letter for you to send. The only question is where to send it to. As the Worst Credit letter has the wrong number on it and could relate to anything, I would send it to Lloyds.

 

As for Worst Credit, I think this letter can be ignored. It is totally unclear whether it relates to this alleged debt, the other one, or is just a mix up of your address and somebody else's account number. As you have had no Notice of Assignment, it seems unlikely to relate to this, anyway.

 

SH

 

Thank you so much SH

[Dorabell]

this card was owned by MORE THAN > then had a letter to say it was being taken over by LTSB i have try to look for the letter no joy on my credit file it says start date 25.04.03 the same date on the agreement, the last update on my file was 31.08.08 number 6 hope that helps:)

 

Hi all update with lloyds tsb its starting to get confusing:???: just checked my credit file (alert) they have put a default on the file 16.09.08 updated to the 12.10.08 checked last week 31.08.08 number 6 i thout they could not default while an account is in dispute

Edited October 28, 2008 by Dorabell
miss spelling

[citizenB]

Hi all update i have received back S.A.R from lloyds i will post the letter up, they have only sent me 5 pieces of statements from 14.05.03 to 10.09.03 i did put in the letter i needed everything they have on me advice is much appriciated thank you

 

 

If this is all htey have sent you then that is incorrect. You should write back advising them of this. How can you assess if the amount they are requesting is correct if you havent the statement for the full accounting period from the start date of the account until the current time.

 

You must write back advising them that you want ALL the statements, a copy of the agreement and ALL other information they hold on you.

 

What period of time did they reply to you as regards the SAR. for example they are allowed a timescale of 40 days, how many days left were there or did they reply after the 40 days ?.

[Dorabell]

If this is all htey have sent you then that is incorrect. You should write back advising them of this. How can you assess if the amount they are requesting is correct if you havent the statement for the full accounting period from the start date of the account until the current time.

 

You must write back advising them that you want ALL the statements, a copy of the agreement and ALL other information they hold on you.

 

What period of time did they reply to you as regards the S.A.R - (Subject Access Request). for example they are allowed a timescale of 40 days, how many days left were there or did they reply after the 40 days ?.

 

Thanks CB:) i requested S.A.R on the 11.09.08 i received the few statements dated14.05.03 to10.09.03 on the 08.10.08 i sent them another letter on the 16.10.08 stating they had not fullfilled my request still have not complyed

[citizenB]

Right then, by the 20th October you should have received all documents you requested. This is obviously not so. I would write again giving them 10 days maximum to comply with your request. If they dont, then make a complaint to the Information Commissioners Office.

 

All you need to do there is send a copy of your first request, proof of posting and receipt if available. Also copies of any follow up letter you have sent them in this regard.

 

Fill out the complaint form which can be downloaded from the Information Commissioners Office website. You must list the documents you HAVE received and those you have specifically requested which you HAVE NOT been supplied with, in this case you require copies of all statements from the opening of the account until the current period. Alternatively you require a summary which shows money paid, spent and interest rates applied at each month, any other charges applied ie late or missed payments, etc. Oh, and a legible copy of the agreement/application form.

[Dorabell]

Thanks CB most appriciated:)

[Dorabell]

Hi all update its been quite for a few months since 1st credit threatend me with court action i sent them a notice under civil procedure rules letter it looks like they have passed it on to AIC i have just received a post card to get in touch with MR GALLAGHER urgentley diffrent ref number again :mad:any advice please:) or should i send the bemused letter to them

[babybear39]

Send the bemused letter and report them to trading standards and the OFT.

[Dorabell]

Thanks babybear:)

[citizenB]

Hi all update its been quite for a few months since 1st credit threatend me with court action i sent them a notice under civil procedure rules letter it looks like they have passed it on to AIC i have just received a post card to get in touch with MR GALLAGHER urgentley diffrent ref number again :mad:any advice please:) or should i send the bemused letter to them

 

 

Dora, click on the highlighted "1st Credit" and see that they themselves have been threatened

[Dorabell]

hi all update with AIC i have just received a letter (final response) its saying they have looked in to the complaint they are saying that they have spoken to lloyds regarding the dispute account, lloyds have requested that we ask you to confirm why it is that you believe this to be the case as they have no record of a dispute existing, i have proof it was delivered:) and lloyds response was that the complaint was being investigated and that was the last i heard from lloyds, until i started receiving threats from the DCA:mad: the letter goes on saying once i receive the details from you i shall look into the matter further and respond accordingly, i hope you feel this fully answers the points raised please treat this letter as our final response if i am still unhappy with the actions of AIC i can ask the financial ombudsman service to investigate my complaint or any questions relating to the contents of this letter i can address the matter to the managing director of allied international credit mr kenny johnston (is this a new thing now passing on to there managing directors:lol:)

[Dorabell]

bump:)

[citizenB]

I have just skimmed through your thread, could you confirm

 

You raised a dispute with LTSB who then passed the account over to 1st Credit, whom you saw off.

 

Now AIC have been given the account.

 

The Subject Access Request you sent to LTSB has not provided you with the information you requested.

 

AIC are now demanding that you let THEM know the details of the dispute you have with LTSB so they can contact them ?

 

What correspondence have you received from AIC. Have they said they have been assigned the account, or just sent letters asking you to contact them ?

 

Have you lodged a complaint with either the Information Commissioner's Office in respect of the SAR or the Financial Ombudsman as previously suggested to you ?

[Dorabell]

hi cb thanks for your reply:) just received threatning letters from AIC to contact them a letter saying there client as instructed aic to start court proceedings

[citizenB]

Aha, so LTSB are AIC's client. In this case, send them the following letter.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1800199.html

 

Dear Sir,

 

Re :

 

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.

PLEASE DO NOT IGNORE.

 

I am in receipt of your letter dated XX XXXX XXXXX , this was received on XX XXXX XXXX

 

You have indicated that

 

You are giving Formal Notice that your client has instructed you to commence court proceedings against me without delay. (amend this bit to whatever has actually been said by AIC)

I am sure that you are aware that I have long since requested from your client, under both the Consumer Credit Act 1974 (The Act) and the Data Protection Act 1998, a legible copy of the agreement to which both you and your client allege I am a signatory. To date this has not been provided to me and whilst I appreciate your client has endeavoured to persuade me that the provision of a copy of an application form is sufficient to discharge your client from further obligations under section 78 of the Act. Likewise I too have explained that the mere provision of a copy of an illegible application form is not a legally permissable substitute for the provision of a true copy of the executed agreement as required under section 78 of the Act and as prescribed by Regulation 3 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

I am sure you are also aware that under section 78(6) of the Act, whilst a creditor is in default of a request made under sub-section (1) they may not enforce the agreement.

 

Notwithstanding the foregoing and your client's persistent, unexplained and willful refusal to supply a legible copy of the executed agreement in accordance with its obligations (the permitted ommisions under Regulation 3(2) excepted), your client has made plain its intention to begin legal proceedings against me. In consequence this matter may now be treated as one which is subject to the control of the Civil Procedure Rules.

 

Take notice therefore that under CPR Practice Direction - Protocols paragraph 4.6(a) and (d), I request that you supply copies of the following documents:

 

[1] A true copy of the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed and

[2] Any further or subsequent notices, terms and conditions relied upon.

 

Please note that my request under the Practice Direction is not a request for production within the confines of the Act and Regulations but rather, it is for a copy of the executed agreement, including signatures and all such other notices, terms and conditions as will be relied upon in the event that your client shall begin a claim.

 

A copy of the documents I have requested should be supplied to me within 14 days and you are urged not to begin proceedings for a period of not less than 14 days following the supply of those documents to me.

 

Should your client elect to ignore my request under the Practice Direction and commence proceedings, it is likely that I shall repeat my request for the provision of documents under CPR 31.14. In the event that your client should fail to comply with my CPR 31.14 request, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.

 

I look forward to hearing from you within the time stated.

 

Yours faithfully,

 

 

 

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Please read the letter above carefully, I have indicated in blue where you should put legible as I understand that is the main problem with your document. If this isnt so, then just delete.

 

Would you please also answer my other questions. Ie, have you lodged any complaints with the FOS or ICO ?

 

 

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