WAS AIC - Goldfish loan LTSB - Now assigned to Lowell (2013)

[tammi]

Hi Everyone,

 

I'm posting this again as I was concerned that it wouldn't be easily noticed tucked behind another thread.

 

I found this forum a couple of weeks ago when I Googled Allied International after they had left me a voicemail asking me to call them.

 

I also received a WARNING card from them informing me that they are acting on behalf of their client LTSB and I should contact them urgently.

 

I had a Goldfish loan which I paid for four years without any problems until I started having difficulties back in Dec 07.

 

I contacted LTSB and asked if I could reduce my payments to £150 a month and they agreed.

I continued to make regular payments until I became unemployed in May.

I informed them of my situation and asked them if I could make a minimum payment of £2 but they refused and sent the debt to their own debt collection department.

I made the £2 payments regardless. However, last month those payments were returned to my bank. The debt was £3,000 in May.

 

I sent a CCA request to Allied International on 10th Oct.

I received a phone call last week and I told them I will not discuss anything on the phone.

 

This morning I got another call and again I told them to correspond in writing.

They claim they have responded to my CCA request and I should have received it by now.

Then he said his work is done and hung up.

 

I took this as a subtle threat that they are about to do something.

Could someone advise me what I should do next?

Should I just wait for the 30 days to expire and send the 30 day letter?

 

Many thanks.

[42man]

Was there any payment protection insurance that you could have claimed on the card ?

 

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[tammi]

42Man I appreciate your quick reply. I will get the letter off today. I no longer have the payment protection as I cancelled the policy soon after taking out the loan.

 

Thanks again.

[tammi]

Good Evening All.

 

I got a threatening letter from AIC today. They have not acknowledged receipt of the CCA request. They say they are acting on behalf of their client LTSB. Does this mean they can ignore the CCA request?

[ScabHunter]

Have you checked to see whether or not they signed for your CCA request?

 

SH

[42man]

Send this to AIC - (send recorded)

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

__________________

[tammi]

thanks for your reply. I posted next delivery. I just checked Post Office track & trace and it is progressing through their network whatever that means. Could they have refused to sign? What should I do now?

[tammi]

42Man. I have sent this letter. Will it have any effect if:

 

1. AIC are acting on behalf of LTSB?

And does that mean they can reject a CCA request?

 

2. Is the Account In Dispute letter valid if they refuse the CCA request?

[ScabHunter]

This really is getting insane with the Royal Mail not delivering letters. That is nearly a month ago that you send this off.

 

All you can do is send it again by Special Delivery and claim the money back on the other one. As this alleged debt is for a significant amount you have to find out whether they hold an enforceable agreement.

 

SH

[tammi]

Hi All,

 

Can someone please tell me what to do?

 

I sent a CCA request and follow up Account in Dispute letter to AIC on 1st November 2008.

I have never received a reply.

 

Then two weeks ago I started receiving constant phone calls from IQOR and have received 2 letters from them stating that my file has been passed on to them

and it's critical that I contact them.

Isn't my account in dispute?

Or should I also send them a CCA request?

 

Many thanks

[Nottsdave]

send them the telephone harassment letter and write to them telling them that the Account is in Dispute.

You can also report AIC for passing on your details when its in dispute.

 

Notts

[Nottsdave]

from Cerbrusalert

Dear Sir or Madam

 

Harassment by telephone

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. [if you Want Them to]

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 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.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

Record your calls

[tammi]

Many thanks for your reply.

 

However, I'm still not clear about the account in dispute procedure.

 

AIC did not respond to my cca request and my files have been passed on to IQOR.

 

Does the cca request automatically put the account into dispute?

 

And do I still send a cca request to IQOR?

 

Cheers x

[Nottsdave]

Send this to Iqor fill in the required fields, dont sign just print send recorded and keep reciept.

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

Edited March 24, 2009 by Nottsdave

[tammi]

Thanks Notts.

[tammi]

Hi CAGs,

 

It's been a while since I've posted and my troubles are far from over.

 

From June 2008 - Nov 2010, I was out of regular work and asked Lloyds and other creditors to accept £2 per month as advised by the CCCS

(actually they said £1 but I felt awkward with that and offered £2).

 

None of them were happy and issued me with default notices.

 

However, I continued to pay £2 per month regardless.

 

All but Lloyds accepted the £2 payment; Lloyds kept returning the money back to my account.

 

Eventually, it was passed on to their inhouse debt collectors and when I contacted them with my offer they were adamant that £2 offer was out of the question

so eventually I just gave up trying to pay them.

 

Since then, I have received numerous threatening letters from various DCs and I just ignored every one.

 

The start of this year I have been receiving letters from Iqor and their solicitors which I ignored.

Then last weekend I got home to find a plain brown envelope addressed to me with a card from an Iqor collector asking me to call him on a mobile number stamped on the card.

 

I didn't and yesterday he was at my door ringing the bell continuously.

 

I caught a glimpse of him from the window he was wearing jeans and a t-shirt displaying heavily tatooed arms, shaved head; I really didn't like the look of him.

 

Would it be advisable get in touch with Lloyds and make another offer or too late now?

 

I don't want to deal with this company if I can help it.

 

Any suggestions on how I should approach this would be much appreciated.

 

Many thanks.

Edited April 16, 2012 by tammi

[dx100uk]

yes ignore them

 

they have no legal powers to do anything

ESPECIALLY knocking at your door

 

they are NOT BAILIFFS and NEVER WILL BE.

 

 

call the police next time he calls

 

dx

[tammi]

I couldn't believe how it affected me; it wasn't until after he left that I thought that.

[Conniff]

If you can show that you paid Lloyds and they refused to accept the payments, you can ignore them as well. How did you pay and what is the total outstanding ?

[tammi]

Hi Conniff,

 

I paid direct from my online bank account.

 

Thanks.

Edited April 16, 2012 by tammi

[tammi]

I just got in and noticed that somebody/thing has been rifling through my recyle box. A publication with my name and address on the back was left outside the box. I suspect the Iqor collector was back; he probably visits this site too.

Edited April 16, 2012 by tammi

[dx100uk]

call the police and report it.

 

dx

[tammi]

Thanks - I will report it to the Police.

[johnnyscouse]

Thanks - I will report it to the Police.

Hi i just read that someone was going through your bin/recycle box

do u believe it was an Iqor collector

did he leave a card ?

i dealt with iqor in my area over this and reported this this person was sacked so i might be able to help

johnny

[tammi]

Today I received a reply to my CCA request and postal order returned from Fredrickson. They said I must send my CCA request to their client iQor. They have also stated iQor-Bank of Scotland as their client.

 

I'm confused can anyone help me with this - what should I do next?

 

Many thanks.