Lloyds credit card - just starting the process

[Massamum]

I have a Lloyds credit card (approx 20-odd years old now). I have been paying £1 token payments for the last year or so as I'm out of work. The debt is just over £15k. I've had the usual umpteen phone calls, letters, threats from SC&M and BLS. They are even offering me a reduced sum to clear the debt but I understand from other threads on here that these people are unscrupulous and will sell the debt on after you've paid (not that I have the money to pay them anyway). Am sick of it all.

 

So, following yet another sleepless night I decided to take action and have today CCA'd them. What a great feeling it was to send it off (recorded delivery naturally). Let them chew on that for a while. Fingers crossed they can't find the original agreement.

 

Link to my original thread below.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/189152-drowning-debt-please-help.html

[cerberusalert]

With this a/c being so old they'll probably have a prolem finding your original agreement.

[Massamum]

I do hope so after all the aggro they've put me through. I always intended to pay the debt in full when I returned to work but there's very little out there at the moment. They have no patience.

[Massamum]

letter from BLS threatening home visit so have sent off the following letter. Am starting to enjoy this.

 

BLS Collections

Collections Centre

Charlton Place

Charlton Road

Andover

Hampshire

SP10 1RE

 

 

 

Dear Sirs

Account No. xxxxxxxxxxxxxxxxxxxxx

I write further to your letter dated xxxxxxxxxxxx asking me to call your offices. Please be advised that I will only communicate with you in writing. I also attach a copy of my letter to you dated xxxxxxxxxxxxx detailing my circumstances.

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission: the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully

xxxxxxxxxxxxxxxxxxxxxxxxxx

 

Encl

[Massamum]

quick update on this, today was the last day for lloyds to come up with the goods. Bit of a problem though. I sent by recorded but when I checked on track and trace it has no info except that the item was accepted at my local post office! I sent it to Lloyds registered office. Any ideas what I should do now please? Should I send the account in dispute letter? Thanks guys, any help appreciated.

[cerberusalert]

The PO can take some time updating their track & trace service, besides a lot of mail is signed for in bulk. Using recorded delivery is deemed as being delivered anyway, so just fire off the 'in dispute' letter.

[Massamum]

will do, many thanks Cerberusalert

[Massamum]

I saved a copy of an in dispute letter by 42man from a thread a while ago in case I needed it.

 

As I'm going to send a letter out tomorrow I've just had a quick read through it and wanted to check something - "should you refuse to comply, you must within 21 days provide me ...." and then a couple of lines below "should you not respond within 14 days ..." and then few more lines below "you have 14 days from receiving this letter". Am confused. Can someone please confirm if it should have both 21 and then 14 or or whether it should be one or the other. Thanks.

_________________________________________________

"Recorded delivery

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"

Edited April 21, 2009 by Massamum
forgot red highlighting!

[cerberusalert]

Just change them to 21 days, it's a typo.

[Massamum]

will do, fank yooo

[Massamum]

One more thing (sorry to sound totally thick) "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."

does this mean a copy of s77/8 or a copy of my letter?

[cerberusalert]

Copy of your CCA request. Minus the £1

[Massamum]

thanks so much for your help, very much appreciated

[peter1234]

Hi

 

am following your thread wilth interest, I have requested my cca from1983 so 26 years ago. will be very surprised if they have this one

[Massamum]

lets hope not

 

what is your thread? am interested in following yours too

[peter1234]

i have not started a tread yet but will PM you so that you can look me up. 12 days isnt up until nest thursday, very much doubt will have anything by then.

[Massamum]

After Lloyds being in default of CCA and my sending off the in dispute letter I have today received a debt notification from the lovely Westcot. Just wanted confirmation that this is the right letter to send? Thanks in advance.

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.

[cerberusalert]

Yes fire that at them.

[Massamum]

Thanks Cerberus, you always come to my rescue. Will do that today

[Massamum]

I have today received a copy of a signed approval form from Lloyds. Am gutted as I didn’t think they’d still have a copy of it. It looks pretty good to me but I will try and post a copy of it up later along with letter received.

[Massamum]

Hi all, I know its been a while since I said I would post up the letter and CCA but finally gotten myself together and here they are. The copies aren't that great but I would be really grateful for any help at all please as to whether it is enforceable. It does have my handwritten details and signature on it. I thought it was a lot older than 1998 but I remember that I cleared the original card way back and then called them up and asked them to re-activate the account.

 

Many thanks in advance.

 

CCA

terms and conditions

page one letter

page two letter

appendix to letter

[babybear39]

When you send the S.10 notice it needs to be addressed to the data controller

 

You also need to give reasons as to why your account is in dispute, ie.lack of CCA etc.

 

The S.10 letter is in the templates library. If you have any difficulty finding it give us shout

Edited June 9, 2009 by babybear39

[Massamum]

When you send the S.19 notice it needs to be addressed to the data controller

 

You also need to give reasons as to why your account is in dispute, ie.lack of CCA etc.

 

The S.10 letter is in the templates library. If you have any difficulty finding it give us shout

 

Thanks for the response Babybear but I'm a little confused (doesn't take much!). I have received the CCA and wanted someone to have a quick look to see if its enforceable or not. In Lloyds letter, they say it is and won't be entering into any more correspondence with me.

 

Just wondering why I should send s19 notice? Thanks again.

 

Massamum

[babybear39]

Thanks for the response Babybear but I'm a little confused (doesn't take much!). I have received the CCA and wanted someone to have a quick look to see if its enforceable or not. In Lloyds letter, they say it is and won't be entering into any more correspondence with me.

 

Just wondering why I should send s19 notice? Thanks again.

 

Massamum

 

 

Sorry that was typo the letter you need is an S.10, which tells them to stop processing your data as they have not complied with your CCA request so therfore do not have your written persion to process your data.

[Massamum]

Sorry that was typo the letter you need is an S.10, which tells them to stop processing your data as they have not complied with your CCA request so therfore do not have your written persion to process your data.

 

But they have! I received a copy of the signed CCA, the link is in my post above if you'd like to have a look.