Change to agreement - LloydsTSB

[stupidboy]

Hi folks,

 

We've been in a revised payment schedule for a couple of years with our creditors.

 

Out of the blue, we got a letter from LloydsTSB yesterday advising us that they are making our informal arrangement "contractually binding".

 

It witters on about changing this section and that section, but there has been no discussion about this and no signatures have been asked for or provided.

 

This is an old CC, and we are sending a s.172 letter out to our creditors today. There will not be an agreement in force for this card, just the application form, if anything.

 

Question being, even if there is an agreement, can they just change it like this?

 

Cheers,

 

stupidboy

[bartezno1]

I got the same saying it was changing from an informal agreement to a formal one but at the same pay rate.

I spoke to them and they were more than polite , just confirming I carry on as I have been for the past year.

[stupidboy]

I got the same saying it was changing from an informal agreement to a formal one but at the same pay rate.

I spoke to them and they were more than polite , just confirming I carry on as I have been for the past year.

 

These people have been absolute B******s to my wife for the last two years - if I can avoid paying them another penny I will do so with absolute pleasure.

 

So the question remains, can they alter an agreement without my consent, assuming that there is a valid on place?

 

Cheers.

[N.P]

These people have been absolute B******s to my wife for the last two years - if I can avoid paying them another penny I will do so with absolute pleasure.

 

So the question remains, can they alter an agreement without my consent, assuming that there is a valid on place?

 

Cheers.

 

 

They can alter all they want. It doesn`t mean you have to agree or sign to it, especially if they have an unenforceable on in the first place.

 

I`ve had formal demands from SC&M and didn`t reply. Then they sent it back to Lloyds who sent it to anothe bunch of dead heads called Debt Management. These morons have gone quiet now.

 

The mind boggles!

 

Whats your agreement for? Loan? Card? Etc....

 

 

 

N.P

[stupidboy]

They can alter all they want. It doesn`t mean you have to agree or sign to it, especially if they have an unenforceable on in the first place.

I`ve had formal demands from SC&M and didn`t reply. Then they sent it back to Lloyds who sent it to anothe bunch of dead heads called Debt Management. These morons have gone quiet now.

The mind boggles!

Whats your agreement for? Loan? Card? Etc....

 

It's a credit card, taken out maybe over 15 years ago. The s.127 request went out today.

 

There has been nothing to sign from them - just a letter that is apparently a fait accompli. They reserve the right to change it all back to normal at any time, of course, so it is hardly "contractually binding" is it?

 

Cheers

[N.P]

Hi daft lad,

 

Ok, we`ll see what your CCA request comes back with.

 

I have been having a dispute with the empty heads for a while now. They sent me a CCA which I can`t even read and I`ve been told it`s unenforceable, but obviously Lloyds seem to think otherwise.

 

It has been through 3 DCA`s and their own Solicitors twice. They seem to pass it around like a passy parcel.

 

I know what you mean about being barstewards. I`m not giving an inch now. They`ll have to take me to Court to settle this one!

 

The mind is still boggling....

 

Keep us posted.

 

 

 

N.P

[stupidboy]

Ok, we`ll see what your CCA request comes back with.

 

Hi NP

 

I guess this post gets an update in about 12 days then, as they will have received the request today.....

 

stupidboy

[jayjay11]

As you know stupidboy i am 'having a go 'at tsb about credit card > i had the same letter saying the arrangement was being formal and that the agreement was treated as comlplied with .... IMHO this is a way of trying to get me 'on side 'and think they are doing me a favor so i carry on paying the agreed amount and not kick up any more !! perhaps better minds than mine think different. I also now get 1 text a day asking me to me to contact them. I have replied by letter telling them to comply with my request to supply the original agreement at my branch. I am going to take this all the way as i am sure they cannot produce an agreement in court because they dont have one, only an application form. lets see what happens from here .................

[stupidboy]

Okay folks,

Now it gets serious - after a couple of capitulations and everything going well for us, Lloyds have remained the plague callers, harassing us all the time starting from 08:00 hours on Sundays.

 

I have been hanging up on them as advised.

 

Now we have a letter from the nice people at Sechiari, Clark & Mitchell giving us 7 days to clear the debt or county court proceddings will be issued.

 

I have received nothing from Lloyds in response to my request for a copy of the orignal signed CCA (there is not one) and they did not respond to the second letter either.

 

Do I ignore, the solicitors, write to them repeating my request, threaten them with action, or resign myself to losing the house?

 

Cheers,

 

stupidboy

[N.P]

Just a sec daft lad, I have a letter for you

[N.P]

I have posted a couple of letters up for underdog13.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/175685-underdog-lloyds.html#post1901148

 

Read my two posts on this thread, then copy and edit the letters to suit your needs.

 

You`ll need to send a letter to Lloyds and also the SAME letter to SC&M, together with the short covering letter to SC&M.

 

Ok?

 

 

 

N.P

[jayjay11]

ive also had several calls asking why i hadnt made payments i have told them the account in in dispute and that they need to sort out their comunication internally but the calls seem come from our friends in india they are not getting the message I then had a letter out of the blue saying they are looking into my compliant!!! who knos whats going on??

[N.P]

Jayjay and daft lad, do you have suitable Telephone Harrassement Letters to send these goons?

[N.P]

I`ve had about 30 of those `looking into your complaint` letter`s.

 

It`s because they are stumped as to a suitable reply.

[jayjay11]

NO NP i havent got a letter re harrassment could you point me to it?? Thanks

[RedVixen]

Lloyds tend to treat any letter that you write to their 'agents' that suggests you won't play nicely with them as a complaint - the last one they sent me though they were trying to get information out of me about what I would be using as a counterclaim which as it had been through their complaints procedure twice shows yet again the incompetance of their internal communcations. I told them then I wasn't answering that at this time

[RedVixen]

SCM do obey telephone harassment letters but I found Llods collections then phones instead

[stupidboy]

Hi folks,

 

Thanks for all the responses, especially the letters;).

 

I shall enjoy the weekend a little more when I start writing them.

 

Thanks again, very much appreciated.

 

Out of interest (no pun intended) we've just had 3 from B/card today - all enclosing an old copy of the T&C's but no signed CCA...and yet they state in the letters that they have complied with our requests. I think we can write the response to that on our thanks to you guys - brilliant!

 

stupidboy

[N.P]

Hi folks,

 

Thanks for all the responses, especially the letters;).

 

I shall enjoy the weekend a little more when I start writing them.

 

Thanks again, very much appreciated.

 

Out of interest (no pun intended) we've just had 3 from B/card today - all enclosing an old copy of the T&C's but no signed CCA...and yet they state in the letters that they have complied with our requests. I think we can write the response to that on our thanks to you guys - brilliant!

 

stupidboy

 

 

Hi daft lad,

 

The documents you had back from Barclycard today, did you send them an official CCA request, under the 74 Act, together with a £1 fee for the agreement?

 

If so, then they have actually complied with your request by sending you what they did, only they`ll need more than just T`s & C`s, they`ll need a fully compliant CCA to stand any chance.

[N.P]

NO NP i havent got a letter re harrassment could you point me to it?? Thanks

 

 

Hi jayjay,

 

Here`s a couple for you to edit to your taste and whack them with.

 

 

 

 

LETTER 1

 

 

 

 

- HARASSMENT WARNING -

 

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

 

 

 

 

Telephone Number: {Your Telephone Number}

 

Re: Harassment by telephone

 

 

 

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

Yours faithfully,

 

PRINT YOUR NAME - DO NOT SIGN

 

 

 

 

 

 

LETTER 2

 

 

 

 

Re: Harassment By Telephone

 

 

 

Administration Of Justice Act 1970

 

 

Protection From Harassment Act 1997, Communications Act (2003)

 

 

 

 

Dear Morons,

 

TELEPHONE NUMBER: xxxxxxxxxxx

 

I am writing in relation to the quantity and frequency of telephone calls that we have received from your company which I deem to be personally harassing, particularly the `silent calls` generated from your predictive dialing system.

 

I have verbally requested that these stop on a number of occasions, yet we are still receiving calls. These calls have been received up to 8.30 at night and also on Sundays.

 

I now require all further correspondence from your company to be made in WRITING ONLY!.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127-130 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

In short, remove ALL my details from your systems IMMEDIATELY! Please confirm in writing of your compliance.

 

Be advised that any further telephone calls from your company will be logged and recorded and used as evidence in any harassment action taken against you.

 

 

Yours faithfully,

 

PRINT YOUR NAME - DO NOT SIGN

 

 

 

 

I did have a really good one which I copied and edited from various other letters, but I can`t find it. I musn`t have saved it.

 

You could copy the parts you like and knock up your own letter to suit your tastes.

 

Hope this helps.

 

Regards

 

 

 

N.P

[stupidboy]

Hi daft lad,

 

The documents you had back from Barclycard today, did you send them an official CCA request, under the 74 Act, together with a £1 fee for the agreement?

 

If so, then they have actually complied with your request by sending you what they did, only they`ll need more than just T`s & C`s, they`ll need a fully compliant CCA to stand any chance.

 

Hi NP,

 

In answer to the first question, yes.

 

Re compliance, how have they complied when they haven't sent what I requested? I appreciate that they have sent something, but it is irrelevant to my request...or am I missing something?

 

sb

[N.P]

Hi NP,

 

In answer to the first question, yes.

 

Re compliance, how have they complied when they haven't sent what I requested? I appreciate that they have sent something, but it is irrelevant to my request...or am I missing something?

 

sb

 

 

Hi SB,

 

Well, They have sent you something in response to your legal request. So, in effect, they have fullfilled your request, as far as they are concerned.

 

The fact that what they sent you was not what you requested means your CCA request is STILL in play, and needs actioning properley before they can do anything, otherwise, they will just start digging themselves into a big, smelly hole, full of doggy do do.

 

This is good for you in a way, as it proves you made a legal request, which they have obviously received

 

Hope this helps.

 

Regards

 

 

 

N.P

 

 

(Hi Pete, I see you there )

[jayjay11]

Hi again Sent the harrasment letter yesterday so far ive had 5 calls today from this wunch of bankers and have told sanjeep (sorry Dave) and his mates to do one and stop adding fuel to my harrasment case

im going to start refusing to answer as they dont seem to understand

[N.P]

Why don`t you just do what I do?

 

Answer the phone and if it`s them, ask them to stop ringing as you have nothing to say, and everything MUST be in writing.

 

Then, if they don`t get the drift, abuse them as much as you can, calling them everything and anything you can think of.

 

There`s nothing wrong with that as you have asked them nicely to stop yet they insist of blocking your phone line, the line which YOU pay for, for YOUR own needs.

 

They seem to click on soon that your not going to speak to them, other than to give them a verbal onslaught

 

Ciao for now

 

 

 

N.P

[jayjay11]

sent letter and they received it on Monday by recorded signed for but i a still getting calls and texts