Newbie, need some help!!

[funky monkey 79]

Thanks for that ida.

 

will do

felt really proud that I could say I don't give out that info on the phone. THANKS CAGGERS!!!!

[IdaInFife]

your welcome , feels great don't it

[funky monkey 79]

ok here we go..

I have received a letter from studio, just what I was expecting a blank sample credit agreement, except that they have filled in my name & address & ac/no at the top. What dimwits I didn't live at this address when the account was first set up.

I am going to start a new thread about this so I don't get confused :confused:with each one.

 

should I start it in the scotland pages or in the debt collection industry pages????

 

come on studio bring it on!!!!

[IdaInFife]

keep to scotland cause ther sometimes can be wee differences

 

a new thread for each one is best it gives you a diary and keeps things simples

 

ida x

[funky monkey 79]

Thanks again ida

I will start a new thread in the scotland one

thanks again:):)

[IdaInFife]

[funky monkey 79]

Hi

I'm having a really bad day today things are just getting me down a bit :(so I have come on here to cheer myself up.

LTSB have been ringing constantly today , I keep telling them I will only communicate in writing, goodbye, I have posted the telephone harrassment letter today and I even printed one off to keep near the phone and quote to them when they ring but they just caught me a bit off guard and I went to peices while I was reading it out and now I am mad with myself for doing so. When they respond to my CCA request I might feel a bit better, can anyone tell me if they don't sign for it & I have proof of posting can I still be counting down the 12 +2 days or do I have to wait until I have proof that they have received it???

[IdaInFife]

does it confirm on the RM site it has been delivered but no sig?

 

ida x

[funky monkey 79]

Hi Ida,

rm website is still saying that they have my items but additions & kays are the same but I have had responses from both of them this week so I don't know what the hell rm are doing:x I even rang them today and they said that the items have not yet been delivered but the ones to Kays & additions must have or I would not have had a response from them.

[IdaInFife]

todays a new day and hope your feeling better. Just remeber you are in control not them and donlt worry too much about if's and but's. Wait the 15 days and if still same then resend for own piece of mind but you probarbly will get a letter this week from them in response.

 

Ida x

[funky monkey 79]

Hi All.

UPDATE

feeling a bit better now as even though I still don't know when LTSB received my letter I do know that they have received it as they have credited my account with the £1 po (even though the cca request said that these funds were not to be used for any other purpose) Muppets!!

I am still awaiting for anything resembling CCA but they did send me a form to fill in with all my income & expenses on & to sign to say this is a true account of my financial postition. I will NOT be signing anything until they send me what I have requeseted. I now have my other accounts up & running with a new bank and all benefit payments have now been transferred to the new account, so I no longer have to do a midnight run to a cash machine to get my money out before they do. HA HA.

 

so should I assume they received my letter 2 days after posting or should I start the countdown from when they credited the PO to my account??

 

to be continued........................

[IdaInFife]

Hi Fm,

 

glad your in better spirits , I would assume from the posting date now that you have confirmation they have received it.

 

Ida x

[scaniaman]

Don't know if this will help Funky, but i take it you live in Scotland? Ida more or less says it all, but in Scotland if you offer your creditors a weekly/monthly sum to reduce your debt (and you MUST stick to it), then they can't take court proceedings. If you falter on this agreement,even ever so slightly, then they have the right to throw the book at you. An acquaintance ran up a few grand in debts and the sheriff officers became involved. He told them he could only afford to pay debt off at £25/month. The SO said surely you mean £25/week. My friend said £25/month and they had to accept this by law. The good thing about this is you don't have to pay interest, which I rather think the catalouge firms will try and get. Don't know how this affects bank though. If you have reached the stage that you haven't a hope in hell of ever repaying debts, it may be worth your while doing some "fancy footwork" then seek advice on declaring bankruptcy, even for one of you. In Scotland, there used to be a proceedure (deed?) that froze your debts and allowed repayments in line with what you could afford. Here again, you MUST meet every payment under this agreement. Whatever happens, don't bury your head in the sand---get debt advice councilling and try Citizens Advice Bureau. Best of luck.

[IdaInFife]

They can take you to court if you pay reduce or arrangement but they end up looking very silly and some actually do and end up getting less.

 

Bankcruptcy is always the very very very very last option. It ain't good.

 

i think what you mean is trust deeds which are beneficial for some but not others.

 

ida x

[scaniaman]

Yes Ida, You are absolutely correct. Bankcruptcy HAS to be the VERY last consideration because of it's long term consequenses, that's why I said "fancy footwork". Unfortunately for some, there is no other alternative. This site is greatly beneficial to those in debt, showing all the avenues one can take to protect oneself, which many of us don't know about. Wish this site had been here 10yrs ago, it certainly would have helped me.

Considering the state of banking, it P---s me off big time that bank managers remain as arrogant as ever. This goes as far as the head wifie for LLTSB Scotland. All these financial institutions encourage debt, but when repayments falter you then see their true colours.

In many towns in Fife, there are retail outlets closing daily, folding like a pack of cards. Many old established outfits amongst them.

Funky, this is a really hard time for you, but keep your nerve and don't flinch or be intimidated. I know--Iv'e been there. Good luck.

[funky monkey 79]

Hi

Thanks for your comments but until LTSB give me a true copy of my CCA I will not be doing anything, I did telephone them back at the beginning of April to tell them that I had financial difficulties at the moment and that I could only afford to repay them £50/month temporarily for 6 months and then would review my situation after that. They flatly refused my offer and wouldn't even discuss it unless I could repay at least £80-100/month which I can not. This offer was made after receiving advice from the national debtline, who told me not to make any offer that I could not afford and to stick to that offer, and to request the cca on the account. I have made token payments of £1 out of goodwill until they can produce my CCA that I have legally requested. It is LTSB who are coming very near to being in default and as far as know it is no CCA=No pay . I run a small business myself & know about keeping agreements & paperwork in order but it seems that because you are a big bank you don't have to follow inland revenue and other organisations guidelines and legislation on keeping such paperwork in correct order(more fool them) these companys have told customers whatever they want over the years playing on the fact that the customers don't really know their rights, well now it's time to play them at their own game, I have made them a lot of money over the years and when I need a bit of help they are not even willing to discuss it, so thats it then I just give in to their demands for payments that I can not afford at the present and lie down & take all the abuse from them (I think not) I am not eligible for a big bail out from the government unlike them!!

 

I have considered bankruptcy etc but this would just not be a good option for me or my family.

Yes I have used the credit card (so that I can keep a roof over my familys head and food on the table,yes I know that was probably a silly thing to do but when you are desperate....) so I am not burying my head in the sand but I would just say that when the card was taken out way back 2001/2002 I was not working the only money I had going into my account at that time was child benefit,which I did query but they insisted that it was OK and I never asked for them to extend the credit limit to £12,000. so it is really a bit of their own fault for letting me run up the debt.

 

Sorry to rant on but they have really made me so mad:mad::mad: that I am prepared to fight them on this no matter what.

regards fm79

I do appreciate all comments/advice no matter what.

[funky monkey 79]

I am going to draft a letter sometime over the weekend to LTSB ready for next week as they have not come up with a CCA for cc,(time up 11th may) haven't even acknowledged my request and come up with an excuse for not doing so.

 

any suggestions appreciated.

 

probably something along the lines of you are now in default of my request - account in dispute until you a******** come up with something that even resembles a cca then I am not paying you a penny........(ooh they are on the phone again trying with a new number now.) another number to put in my little black book!!!

[scaniaman]

Reply to 41. Like your attitude--keep it up & don't let these B------s grind you down, for that is what they are good at. I have grave misgivings about your credit card limit being so high without you asking for increases. Maybe it's just me, but i was never given or indeed offered an increase in my CC limit without asking for it. Hope some legal eagle out there can comment on this situation, as my gut feeling is that it is not right. That is just throwing debt at people.

[funky monkey 79]

Hi Scaniaman

thanks, they have made me so mad about this that it makes my blood boil:mad:. I appreciate all the comments/help & advice and the moral support that can be gained from this site to take these greedy ignorant companies on.

regards

fm79

[scaniaman]

Funky, I don't want to hug this thread with info not directly connected to your plight, but i don't know how far up the LTSBS tree you are dealing.

If you can't get satisfaction from the ltsb staff you presently deal with, then their High Priestess (Top Gaffer in Scotland) is Mrs. Susan Rice, at their head office in Edinburgh. (her man is gaffer at Aberdeen University).

Should you require to write her in the future, a reply from her side kick, Fiona Thornton is likely. When things get too hot for Ms. Thornton, then contact will be made by her supervisor, a Mr. James Hughes.

Once again, keep at them. I recently had trouble because one of their "foreign" employees failed to invest £2000 in ISA's that I authorised.

The amount of mistakes, errors and down right inefficiency in this bank is unbelievable, so it's no surprise that they can't find your original CCA.

Do an Edinburgh business deal with them-----take the B----s for every penny you can.

[IdaInFife]

you can use this as a template ( i know you like to add your stuff)

 

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**.(12+2 days after you sent the CCA request)

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

 

 

Ida x

[funky monkey 79]

Just a quick update

I sent the letter in the above post to put the account in dispute on 12th as their time was up on the 11th also put in the telephone harassment letter (it had been fairly quiet on the phone for a day or two, until today , they have been quite persistent and trying on different numbers all day long, didn't answer them but have logged them) I sent these letters together by special delivery on 12th and it was signed for yesterday so will wait & see what happens now, I will give them 48 hours to respond to the telephone harassment letter and then report them to ofcom etc.:grin:

does anyone have a draft letter I could use for OFCOM etc.

[funky monkey 79]

Hi All

Not been on for a while, computer breakdown, kids on summer holidays etc. but anyway update with LTSB credit card.

letter dated 18 may received a generic letter from card operations saying sorry you have had cause to complain a member of the team will carry out an immediate investigation, it may take a while but we will respond to you within 28 days.

8th June receive a letter from collections centre saying that the account is still in arrears and no arrangement has been made to pay it and that I must contact them immediately and give them an explanation of my account conduct to date, so that they can decide on the apppropriate collection & recovery action.

 

at this date I still haven't had a copy of any agreement and the account is in dispute (letter sent to LTSB 12 may, which they signed for on 13 may).

Now this is where it gets interesting.......

Letter dated 3rd July from collections centre. IMPORTANT - YOU SHOULD READ THIS CAREFULLY

DEFAULT NOTICE (served under section 87(1) of the consumer credit act 1974)

At this point in time still no CCA so surely they can not issue a default notice if the account is in dispute???

default notice http://s696.photobucket.com/albums/vv321/funkymonkey79/?action=view&current=ltsbdefaultnotice.jpg

Then on the 17th July I receive a copy of my CCA, a signed statement and the current T&C's.

If someone can have a look at it that would be great.

cca page 1 http://s696.photobucket.com/albums/vv321/funkymonkey79/?action=view&current=ccapage1.jpg

 

cca page 2 http://s696.photobucket.com/albums/vv321/funkymonkey79/?action=view&current=ccapage2.jpg

 

 

now one of the queries I have is that the payment protection box has been ticked and there is no reference to it anywhere in the terms & conditions, I cancelled the PPI in January this year(09) (I know it took me a long time to twig on I was paying for something completely useless) but I am now thinking of claiming this back as at the time the credit card was taken out I was unemployed so I could never have claimed on it anyway. I can remember clearly saying to the girl in the bank who filled in the cc application form that I wasn't in employment, I can not remember having this PPI explained to me either, & if there is no reference to it either in the terms & conditions that they have sent or on the so called cca does it make the cca unenforceable?

Any suggestions??

there has been another letter from SC&M but will have to post it up a bit later.

Edited August 21, 2009 by funky monkey 79
links not working correctly

[funky monkey 79]

here is the letter from sc&m

http://s696.photobucket.com/albums/vv321/funkymonkey79/?action=view&current=ltsbscmletter.jpg

 

So what are my next steps?

should I subject access request ltsb so I can work out exactly how much ppi I can claim back along with all the unlawful charges that they made while the account was in dispute?

If I can get the PPI back I can then use this to offer them a full & final offer.

Edited August 21, 2009 by funky monkey 79
links not working correctly

[IdaInFife]

Services for this domain have been discontinued

 

that's what i get when i try to click on your links???

 

idax