CCa 1974 and credit cards

[jayjay11]

Got a letter from lloydstsb DSAR dept today ..they wil be pleased to supply the information i requested and will be with me by 2nd Jan 10 so i will wait and see what turns up!! hopefully someone will then be able to advise me what to look for and what to do next about the default notice discrepancies. Thanks

Edited December 7, 2009 by jayjay11

[jayjay11]

Hi I hope all of you had a happy and peaceful christmas ..

I have now recieved my SAR from ltsb Could someone now help me as to what information i am looking for in it. The pack contains:

call log back from 13/01/09 to oct 09 when assigned to allied

memoline transcripts

guide to credit scoring

uptodate statement + payments made from aug 2008 - june 09

statements from jan 04 to may 09

card holder guide to A395 report !!

screen shots of address info, employment, ect

and other sheets with various details of name on card allon works excell sheets

Edited December 31, 2009 by jayjay11

[jayjay11]

Bump

[jayjay11]

Is no one arround???

[The GodMother]

yes i am but i have not had a chance to update myself with stuff so i will get back to you later.

[car2403]

Hi I hope all of you had a happy and peaceful christmas ..

I have now recieved my SAR from ltsb Could someone now help me as to what information i am looking for in it. The pack contains:

call log back from 13/01/09 to oct 09 when assigned to allied

memoline transcripts

guide to credit scoring

uptodate statement + payments made from aug 2008 - june 09

statements from jan 04 to may 09

card holder guide to A395 report !!

screen shots of address info, employment, ect

and other sheets with various details of name on card allon works excell sheets

 

You're looking for anything that is going to help your cause - default charges applied that may be recoverable, account notes that support any challenges you are making, details of any standard letters that have been generated on the account including Default and Termination notices, etc.

 

It may be like a needle in a haystack, but that haystack needs reviewing with a fine tooth comb.

[The GodMother]

Also is this everything they have sent you as there seems to be plenty of paperwork missing like a CCA DN TN letters they have sent you, transcripts of telephone calls etc.

[diddydicky]

they are only obliged to send the INFORMATION not the actual documents (although some do send the agreements)

 

they cannot send copies of DN and TN because (as a general rule) no copies of these exist- merely a computer entry that they were generated on aparticular date

[The GodMother]

then how can they say the DN or TN was actually issued. Just cause a comp says it was done does not mean it was.

[diddydicky]

I'm afraid that's just one more of the one sided nature of this business

 

however the up side is that although the guys doing the debt collecting might not be averse to telling a few porkies and distorting the facts, the staff who update the computers all day long don;t and it is unlikely they could be persuaded to either

 

thats why SAR's are best left until dn and TN at least (if not assignment) so that alot of the bullsh*t can be disproved

 

the computer record of when the DN or TN was issued is generally accepted by the courts as accurate but the computer cannot testify as to when the DN or TN was served or by what means

 

This requires human testimony

[jayjay11]

Thanks for getting back ... ive had a look through and they have sent a copy of the same appliation form and the t&c's (with ref to other sections not in the document) stapled to it!! but if im correct in thinking the most important front to get them on is the dn tn point now there log shows the letter they term as formal demand sols issued in Jan 09 and then dn issued in june and another formal demand sols later in June There is nothing showing a dn prior to the demand in jan only a letter in with statements that says they are obliged under cca 1974 to sent the letter due to missed payments this NOTHING like a proper dn so nt if they do call it so its def faulty Am i right to asume the dn tn front is best to challange them on ??? if so i write and point out or just wait to see if they issue a claim???

[diddydicky]

have you got a copy of the jan 09 formal demand? can u post it up

 

describe the "letter in with statements that says they are obliged under cca 1974 to send the letter due to missed payments"- this could be a DN

[jayjay11]

Hi DD the first demand is at post 71 and then dn at post 98 then an identical demand sent in may Here is the letter that came in with the statements http://i375.photobucket.com/albums/oo194/jayjay1105_2008/07-01-2010131521.jpg[/img]]

[diddydicky]

Hi DD the first demand is at post 71 and then dn at post 98 then an identical demand sent in may Here is the letter that came in with the statements http://i375.photobucket.com/albums/oo194/jayjay1105_2008/07-01-2010131521.jpg[/img]]

 

ok, you can forget everything after the letter from the sols in post 71 as this is a termination.

 

however the letter does refer to a dn. have you had it?

 

hopefully you have

 

its awkward if not since the court may well take their word if they show a computer screen print out showing it had been issued

 

however in this case the fact that they sent a second one in JUne could be used to argue your case that they did not send the first one and were trying to recover their position

 

you really need to double check through the SAR

[jayjay11]

Ive checked again there is no ref to a DN before the first term letter the first demand letter is listed as is the dn and demand in June

[diddydicky]

ah then you now need to dig out your copy of your reply to that letter in which you acknowldge and accept their unlawful rescission;)

 

it should be easy to find i would think- it will be dated around a week or so after the date of theirs - just to help you through your files

[jayjay11]

ok i'll look that copy out i have them all in a file. On their log they have a letter symbol to show letters sent /recieved. i sent on 26th there is one howing on 29th , must be when they received it

Edited January 7, 2010 by jayjay11

[jayjay11]

Here is a copy of the text of that letter dated 26th Jan

 

Dear sirs

Further to my letter of 17th December 2008 asking for disclosure under The data protection act, and fee of £10. I note that no reply has been received to date and was surprised to receive a letter from you dated 21st January making a demand for the full balance and termination of the alleged contract , whilst this account remains in dispute. Although I accept your termination of the account, on taking advise, I believe this is not lawful, and would ask for your compliance with the Subject Access Request dated 17th December 2008 in addition to my requests for a true copy of a properly executed agreement. I look forward to your reply.

They then sent the incomplete sar on 30th Jan maybe in responce to the above ..

Edited January 7, 2010 by jayjay11

[diddydicky]

excellent

 

the blue touchpaper is lit

 

sit back and wait for the bang

[jayjay11]

sounds too easy I have read up on the principals of faulty dn's and resession of contract but how much of a 'bang' do i get and what is my next move!!! or what do i expect to happen next

Edited January 8, 2010 by jayjay11

[diddydicky]

they will ignore and not accept that the DN is faulty (if they do a star will appear in the east)

 

they may or may not take you to court- more likely they will flog the debt off

 

if they do take you to court its more or less a dead cert that they wont get past first base, and hopefully having initially tried to intimidate and test your resolve by issuing the summons

 

You in return will lodge an embarrased defence and then write to them outlining why you will lodge a strike out application if they do not accept your offer to discontinue without costs

 

if you do this before aq's which means the case is trackless, they must then make a judgement call as to whether they want to risk your costs in making that application as this is a step past the dummy spitting stage they will think seriously about their actions

 

if the DN is well faulty -then even with the judge lottery they would be on a hiding to nothing

 

its all a big game , innit!!

[jayjay11]

Thank you DD for outlining so clearly what may happen So it looks quite good that i may win this one I will keep my resolve throughout and post up any further progress hopefully very helpful members on here will guide me through what transpires Thanks

[diddydicky]

Thank you DD for outlining so clearly what may happen So it looks quite good that i may win this one I will keep my resolve throughout and post up any further progress hopefully very helpful members on here will guide me through what transpires Thanks

 

it is well known that most of the "losses" suffered by LIP's to lower court unkowledgeaable and/or biased judges is due to the LIP not being SURE of the arguments he is putting forward and the authorities for his propositions or to knock the other sides

 

It's all down to read read read read and more reading i'm afraid

 

if you can box a crap judge into a corner with your legal arguments and show confidence in what you are arguing he is far less likely to stiff you

[jayjay11]

Hi all its been a while but TSB wrote to say that their agents were unable to bully me to pay so they sent the account back for legal action. i wrote and pointed out that the account was terminated and enclosed my accknowlegement and the legal references from here i could find Today i got the attached reply think they have put themselves into a corner perhaps im wrong coments please http://i375.photobucket.com/albums/oo194/jayjay1105_2008/21-05-2010151344.jpg

[jayjay11]

Anyone around ?

Edited May 24, 2010 by jayjay11