Nuthatch v BLS/ (Lloyds TSB CC)

[cymruambyth]

Hi nuthatch, I had similar offers from LTSB in November but as they were the cause of my problems (and because we didn't have enough money) I decided not to accept their offer. They have since found a loan agreement, but not all the paperwork and I'm still battling with LTSB, AIC, BLS and ****.

Although some Caggers will advice no agreement no payment, it is down to how you feel. With all your recent problems, you will lose nothing by trying to broker a better deal that you can afford. Just remember to write without prejudice on the top of your letters, so that if it doesn't work out they can't quote back to you etc etc.

Best wishes, C

[nuthatch]

Thanks cymruanbyth.

 

What do you think of this:

 

Without Prejudice

Thank you for your letter dated xxxxx. The contents have been noted.

 

May I point out that this accout remains in dispute as you have been unable to supply a CCA requested XXXX and therefore this debt is unenforceable in law.

 

As you are aware, the alleged debt is part of a DMP administered by the Consumer Credit Counselling Service (CCCS) since January 2006.

A long period of sickness began in June 2008 after the sudden death of my husband.

This has been followed by surgery in March 2009 and subsequent post -operative complications resulting in an income reduction. I remain off work for the foreseable future.

 

At the present level of payment into my DMP, it will take 40 years to clear the debt.

 

In view of my situation, a relative has offered to settle the debt with a lump sum of £400.

 

 

The original amount was about £1800 and they offered a 60% reduction ...ie just under £750

 

 

 

I will add in all the blurb about full and final from the templates available. The amount I am offering is about 20% of the debt.

[cymruambyth]

Hi nuthatch, I've added some suggestions in red. I'm not sure if they are any good but I thought I would just put them forward for you.

 

'May I point out that this account remains in serious dispute as you have been unable to comply with my formal request pursuant to s. 78 (1) of the Consumer Credit Act 1974. In addition, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR)

.

'In view of my situation, a relative has offered to settle the debt with a lump sum of £400.'

 

What about starting this sentence with

Due to adverse effect that your company's behaviour is having on my already fragile health,

 

Also is it worth adding something to say that if a satisfactory conclusion cannot be reached you are considering reporting them to the relevant authorities and seeking legal advice.

C

Edited April 25, 2009 by cymruambyth
spell check

[The GodMother]

also add stipulations like.

 

* the debt is removed from ur CF

* lloydstsb or anybody acting on lloydstsbs behalf cannot contact u or start legal procedings against you regarding this debt.

[nuthatch]

Thanks both. I will redo a letter over the weekend and post it back up for comments.

[nuthatch]

Just drafted letter incorporating advice from cymruanbyth and TGM and posted off yesterday. It is outside their 10 day deadline but I'm not bothered.

I could be off work for months yet (again) so I believe it is in their interest because surely it's better than waiting 40 yrs to clear it. And of course they have not produced a CCA.

[nuthatch]

BLS have written to say that Lloyds refuse my F&F offer.

 

Also says:

"In the meantime, monthly payments to the account should continue to prevent the possibility of legal action. Altenatively, our clients Lloyds TSB may consider a personal visit by one of its other agents"

Don't think I'll lose any sleep over it because it's their loss as they will have to wait years to get money at eh rate I'm paying.

Never mind I shouldn't be paying tehm anyway as they have not produced a CCA and the account has been in dispute since Nov 2008.

 

And what on earth "one of it's other agents" could be, I cannot imagine.

Sounds like someone from "Men in Black"

[The GodMother]

send them a trespassers will be shot notice.

[nuthatch]

Well, I do have a crossbow in the shed that my husband bought just before he died.

And I have just learnt how to use the circular saw so they had better be afraid