Bls

[babybear39]

Have you reported them to TS and the OFT for breaching OFT guidlines and the CPUTR 2008?

 

YAY WALES FOR THE TRIPLE CROWN - C'MON BOYS!!!

[cymruambyth]

AIC only arrived today, complaints will follow after tomorrow. I've complained to FOS about LTSB, but think I'll start the ball rolling with the OFT.

[babybear39]

ok Have a great weekend

[42man]

I'd say if they have not included any default notices then they have NOT complied with your SAR Cymru....!!

 

A default notice has to be compliant, and has to give you 14 clear days to remedy a lot of companies have been sending out defaults on a specific date then stating that the arrears have to be cleared in 14 days of the date on the letter, in cases like these they have NOT allowed any extra days for service of the letter, and unless they are able to deliver the letter on the same day they type it, then it clearly does NOT give 14 days to clear the arrears. This makes the default notice invalid !!

[cymruambyth]

Hi,

As I was going away for a couple of weeks and had received a 'contact us urgently' letter , so I phoned........(I know I shouldn't but was feeling in control)...........they asked why I wasn't paying said because in dispute and waiting paperwork.........'am I refusing to pay'...until I receive all the paperwork requested.......'account will be passed to a DCA, am I happy with that?'.......yes...goodbye.

Account is in dispute, though they are denying my complaints, so I'm preparing letters to be adapted when a DCA contacts me.

[RedVixen]

Hang on so they aren't supposed to send it on while its in dispute - did you tell them that bit - OFT complaint for that

 

Another call centre monkey whop doesn't know what they are talking about

[cymruambyth]

Yes he tried to be clever and getting me to admit that I wouldn't pay; however every statement I made was qualified with account in dispute as you have failed to supply paperwork requested.

I'm away and have loads of paperwork to try and compile a few letters of complaint

[cymruambyth]

LTSB have written to say that 'copies of default notices are not kept' however they can confirm the default dates........

 

They also argue that as money from loan paid into b/ac this is ufficient information.

I have again requested copies of default notics and asked if copy of CCA was from a microfiche or a paper copy.

Any comments or suggestions would be appreciated.

Also...o/d had been passed to AIC, but we have had no notice of assignment and all letters addressed to OH and nothing to me when it is a joint account.

Thnk you

Edited April 10, 2009 by cymruambyth
extra ino

[cymruambyth]

I've now had a letter from Sechari, Clark & Mitchell, threatening court action if I fail to pay the full amount of my loan in 7 days. I can use a cheque, postal order, debit or credit card.

I was thinking of sending an account in dispute letter plus a copy of the letter I'm sending to LTSB stating in reply to their last letter:

1) I have proof of sending SAR, despite them denying that they received it

2) failure to supply default notices (they say they haven't kept them)

3) bank not aware that I'm dispuing debt, details given of letters proving this

4) bank doesn't keep documents; therefore is the copy of my CCA taken from a microfiche or paper?

I have a horrible feeling that I'm going to get a SD on this so I'm trying to check on all my options, any suggestions would be gratefuly received.

Thank you C

[babybear39]

For starters report **** to TS and the OFT for saying you can pay by credit card in their letter, this is against OFT guidlines

[cymruambyth]

Thanks, I wasn't sure about that which is why I included it in my post. Now preparing letter.

[babybear39]

Put cc to TS and the OFT That'll p*** them off

[babybear39]

Almost forgot, **** are LTSB's pet sols They even have people from LTSB's collection team claiming to be from **** to scare people

[cymruambyth]

Hi thanks bb, hope you are well.

My only real grounds for complaint are that LTSB have failed to supply default notices as they 'don't keep them' plus I'm about to seek clarification as to whether CCA supplied is a photocopy or from microfiche.

These should be sufficient to dispute everything shouldn't they?

I'm away and don't have everything saved onto my laptop!

[babybear39]

IMO LTSB are obliged to keep everything for 6 years after closing an account, including default notices. I may be wrong...

[cymruambyth]

Thanks I thought that but am not sure. My main worry is about the legal implications re court etc, after seeing a thread where [problem] have issued a SD I'm panicking.

[babybear39]

**** are LTSB's pet inhouse sols. LTSB staff pretend to be **** staff, this was found out by the Sunday Times

Edited April 13, 2009 by babybear39
missed a word

[cymruambyth]

Does this seem to cover evrything or can anyone think of anything that I can add?

Thank you

 

Dear Sirs

 

I refer to your letter of XXXXX 2009, the content of which are noted.

 

On (date) I made a formal request to your client for a Subject Access Request under s.10 of the Data Protection Act 1998. They have failed to comply within the statutory time limit, as they have advised me that they do not have copies of certain documents that I have requested.

 

In addition, in your letter you stated that payment could be ‘either by Debit or Credit card’, which contravenes the Office of Fair Trading Guidance on Debt Collection:

 

‘Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing’

 

 

In the circumstances, your threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches. Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

[babybear39]

Does this seem to cover evrything or can anyone think of anything that I can add?

Thank you

 

Dear Sirs

 

I refer to your letter of XXXXX 2009, the content of which are noted.

 

On (date) I made a formal request to your client for a Subject Access Request under s.10 of the Data Protection Act 1998. They have failed to comply within the statutory time limit, as they have advised me that they do not have copies of certain documents that I have requested.

 

In addition, in your letter you stated that payment could be ‘either by Debit or Credit card’, which contravenes the Office of Fair Trading Guidance on Debt Collection:

 

‘Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing’

 

 

In the circumstances, your threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches. Furthermore, I reserve the right to bring the conduct of your client to the Court's attention when the issue of costs is being considered.

 

Yours faithfully

 

Just nit picking sorry lol...Letter is very good, nice, clear and precise

 

I'm doing ok today thanks for asking earlier. Hope you had a great Easter weekend (DCA's excluded).

 

Highlight section 'b' in case they don't get it.

Edited April 13, 2009 by babybear39
added something

[cymruambyth]

Thanks I happy to receive any 'nit picking'! It's always much easier to see 'faults' with other people's work, as everything I have written seems to be correct!!!

Easter was great, hot and beaches to walk on, shame we are back to rain today, but atleast there are fewer dogs for mine to chase!!!

Edited April 13, 2009 by cymruambyth
there or their.....

[cymruambyth]

Letter was delayed due to the post office having an 'enforced closure'. It has either prompted ( or maybe this is a coincidence) phone calls from [problem]. Maybe they will write...........

[babybear39]

Whatever you do, DO NOT speak to anyone from ****. They always had me in tears.

[cymruambyth]

Thanks for that. So far they have been answer phone messages, so I have missed their charms

[cymruambyth]

I've spoken to a very polite female today.......

Can I speak to you regarding a recent letter we have sent you

I will only communicate in writing

Are you gouing to reply to our letter?

Which letter is that as I sent a RD letter last week.

Was it to **** solicitors

Yes

I'll go and check for it.

Thank you.

Maybe they have been reading CAG and have heard of all the recording devices:D or they are worried that they will be investigated soon......

[babybear39]

**** are LTSB's pet solicitors Bless...