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    • We are not offended. But we try to give you advice all the way and you seem to want to go your own way including hiding the identity of the breeder – for whatever reason, I can't possibly fathom – except that during the time that you have been hiding their identity, other animals presumably may have been at risk and other purchasers also may have had difficulty. Had you posted the identity of the breeder here, people might have stumbled on this information and become aware. It seems to me absolutely normal that if you start taking advice from somebody then you stick with it. We are not offended, but is a bit frustrating to feel that we are putting effort into helping you – but in fact you are off doing your own thing and not necessarily in your best interests. Anyway, you've sent a 28 day letter so you have to stick with it. You say you haven't done this kind of thing before so you need to read around and find out the steps involved in taking a small claim in the County Court. Now you have a decision as to whether to look at the advice we give here on that or go to Which? or whoever else you may have been consulting. One of the problems about having gone to Which? is that although they have effectively given you a letter of claim to copy out which gives 28 days before taking legal action, they didn't explain to you that 28 days wasn't necessary and that the pre-action protocol only requires 14 days. So you came away from them not really understanding the whole story and the choices you had. I'm afraid I was find it very frustrating that these organisations which purport to inform and empower consumers don't tell them the whole story.   The reason why Which? gives this kind of softer advice is because they don't want to alienate themselves from corporate interests and they don't want to seem to be to pushy. Unfortunately we have found over 15 years that in order to assert your rights properly, you need to be pushy. The County Court papers are the great Equalizer between you and all sorts of commercial interests including huge multinationals. Still, let's see maybe your breeder will respond within 28 days with something satisfactory. However, you better be prepared and ready to take the next step – if you know what that is
    • When it sounds like a breach of contract which is substantially deprived the purchaser of the entire benefit of the contract – which amounts to a breach of condition which means that the contract can be treated as terminated. After that it section 75 consumer credit act   See if there has been any communication with the finance company. Send them an SAR – do it now.
    • I didn't realise there was much difference, this is my first time doing anything like this so maybe a bit ignorant. Sorry for any offence caused.
    • We probably signed it around Oct 2018 On the original sofa we received back in jan 2019. Harvey’s agreed to replace that one as it basically fell apart within months so the replacement was on the same agreement which we ordered October 2019 We have around £900 outstanding on the finance.     
    • Well don't think I'm being territorial about it, but you come to us for help and then you use templates and advice from other organisations. I don't understand why you mix and match. 28 days is far too long – especially given the difficulties you have had so far. Pre-action protocol only requires 14 days. The 28 day now takes you slap into Christmas and New Year's et cetera and causes additional complications. You should understand that organisations like Which?, Citizens Advice and so forth are all very well but their approach is far too gentle and am afraid that to deal with companies or traders that won't honour their consumer obligations to you, you need to be assertive and keep them on the back foot. I'm not too sure how you think that giving the breeder 28 days rather than 14 days places you at any kind of advantage or that the breeder is likely to be more cooperative. Short, rigid deadlines are far more likely to keep your potential defendant focused on the issues. You have sent the 28 day letter now so there's nothing you can do about it. However I think you need to settle on where you are going to take your advice from and stick with it. We are quite happy to stand aside – and it would be better if you did decide because unlike Which? and citizens Advice we don't get paid and we put our effort in for free.
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what letter do i need to send 1st credit in responce to their letter.
ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of this debt with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

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

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines and the Consumer Protection from Unfair Trading Regulations 2008.

 

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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

and whats my next step/letter for lloyds?
If you have sent the LBA and the time limits have expired you can now just file at court against them. A template for this type of claim is in the bank templates library.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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If Lloyds have not replied then it is court time where the court will award you compensation and your costs....do you have all your copy letters and recorded delivery slips ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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If Lloyds have not replied then it is court time where the court will award you compensation and your costs....do you have all your copy letters and recorded delivery slips ?

 

yes i have all copies and proof of delivery with signatures. what can i claim for? ie the whole sum of debt owed plus damages etc. also the bit in there letter "We thurther note that to date you have paid £1345.00 thus admitting liability and leaving a due balance of £1370.05, we therefore would ask why you have paid nearly 50% off a debt you do not recognise."

 

do i need to answer that in the letter i send them?, as i have said they never gave me any details of the account just threatened bankruptcy etc. could i report them for using such tactics?

Edited by dirtymonkey29
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do i need to answer that in the letter i send them?
No. It simply means that you have paid £1345.00. It does not mean that you owe them a damn thing nor does it mean that you express any further liability to them. Once you have details of the charges they may in fact owe you money.

 

If you receive any more of this rubbish from them simply report them to the OFT, who they are already in deep doo doo with.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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finaly got a letter from lloyds, as follow:

 

Thankyou for your letter dated 9th March, which i have returned to you.

Im afraid i couldnt find your bank account from the information you gave us in your letter. Could you please send the letter again adding one or all of the following:

* your branch sortcode and account number

or

*Your collections centre reference number

or

* your surname and postcode, clearly written in capital letter

 

Im sorry for the delay in replying to your letter. If you wish, you can call us on the number above so we can deal with your request as quickly as possible.

Please contact us as soon as you can.

 

First off i have supplied them with the sortcode and account number, they also have my full name, address and address i was living at when i held the account. How do i respond to this letter as it is a responce from the letter before action letter i sent previously on the 9th of march meaning they are well outside the SAR sent 01/01/09 and LBA sent 09/03/09. Can i get them to write off the debt as unsubstantiated and also get them to remove all defaults on my credit file, and can i also ask them to refund the £1300 all ready paid to the collections agency they have used?

 

Urgent help appreciated

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finaly got a letter from lloyds, as follow:

 

Thankyou for your letter dated 9th March, which i have returned to you.

Im afraid i couldnt find your bank account from the information you gave us in your letter. Could you please send the letter again adding one or all of the following:

* your branch sortcode and account number

or

*Your collections centre reference number

or

* your surname and postcode, clearly written in capital letter

 

Im sorry for the delay in replying to your letter. If you wish, you can call us on the number above so we can deal with your request as quickly as possible.

Please contact us as soon as you can.

 

First off i have supplied them with the sortcode and account number, they also have my full name, address and address i was living at when i held the account. How do i respond to this letter as it is a responce from the letter before action letter i sent previously on the 9th of march meaning they are well outside the Subject Access Request sent 01/01/09 and LBA sent 09/03/09. Can i get them to write off the debt as unsubstantiated and also get them to remove all defaults on my credit file, and can i also ask them to refund the £1300 all ready paid to the collections agency they have used?

 

Urgent help appreciated

Edited by dirtymonkey29
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Give them one last chance and give them the same info again.

Anthrax alert at debt collectors caused by box of doughnuts

 

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i will send them a copy of the original letter/SAR, but i would like to send them an additional letter requesting that they stop proceedings/collections and take back the debt from 1st credit, remove defaults etc as they have well exceeded the time limits and have no details of the account. i just need help with writting the letter.

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Personally, I would re-write to them yet again - send it recorded and state that you have already given them the info but maybe add the acct no + sortcode again just to be nice (probably don't deserve it) and then tell them exactly what you have stated in your previous threads on here; that they have breached your subject access request, include any dates etc etc and then give them a date to reply by. If they go past that date again then get more advice from on here. Im new to this and have been reading through quite a lot of posts and threads. Good luck anyway.

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Just resend the request giving the information they requested. Allow them an extra 14 days and if they fail to comply make a complaint to;

 

The Information Commissioner

Wycliff House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545 745

Fax: 01625 524 510

E-mail: data@dataprotection.gov.uk

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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  • 2 weeks later...

I have constucted a letter to send to lloyds, csn someone give it a quick look and advise of any changes nessesary?

 

Dear Sir/Madam

 

Account:xxxxxxxx

 

Thank you for your letter of 19th March 2009 the contents of which are noted.

 

I enclosecopies of the original SAR and letter before action. The original SAR did have an incorrect sort code which after some investigation I can supply the correct sort code of: xx-xx-xx. As I have been able to source this information myself it leads me to believe that you are stalling for time as a search on my account number alone would have provided yourselves with the information required. I remind you that you are well outside the statutory 40 day limit for the subject access request, and also outside the time limit for the follow up “letter before action” letter.

 

I would like to make clear my account and sort code number so there can be no confusion between this letter and the enclosed copies supplied:

 

Account number: xxxxxxxx

Sort code: xx-xx-xx

 

I anticipate this account/debt to be made up wholly of bank charges as I have never knowingly had any loans or overdrafts with Lloyds. Also I have only ever held an account with Lloyds to my knowledge in 2001/2003 when I was refused an overdraft facility.

Due to the above facts, I would ask that you take this debt back from your appointed debt collection agency (1st credit ref-xxxxxxx) and close this account while returning the £1345 already paid to 1st credit, who have completely failed to supply any details of the debt owed and consequently resulting in my refusal to pay. I also require the removal of any default notices placed on my credit file as unsubstantiated.

 

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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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That's fine. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Looks good to me. Although I suspect strongly that LTSB won't refund any monies paid without a legal fight :rolleyes:

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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