1st credit and Lloyds TSB Platinum credit card

[lickthewallfatboy]

they tried that "send us a copy of your signature" crap with me a while back

 

they're still waiting for it

 

and they better not hold their breath

[hunterandthehunted]

what about the cca?

 

they have sent what i asked for, albeit an edited copy "whatever that means".

 

as they have complied, i guess it is no longer in dispute or is there something else i can do...:-?

 

thanks

 

bump:sad:

[lilly white]

well well

 

this is standard m.o. from our friends in Reigate. if it was me i would sent you have failed letter. it puts then into a blind spin.

 

please remember that they work on a procedure so they have a letter to return to you we could all stop this however we are waiting for then to make a

mistake.

 

what they want is the money and we do not want to give then any

 

top and bottom

[hunterandthehunted]

thanks lilly white,

 

i will get that letter mailed tomorrow, i think i should have sent it last time.

 

hindsight is a wonderfull thing!!!

[hunterandthehunted]

update.

 

i have had a final response from my account in dispute letter.

1st crud have sent me another copy of the cca and are stating that now my request has been fulfilled that this entitles enforcement of the debt.

 

is this true?, as it looks like the cca has been faxed to them and i have read on the forum that an original is needed in the court.

 

can someone help me with a letter please?

[twofoot]

Only read the last few posts and it's possible that they have indeed complied with your CCA request. However, if they have said they are taking you to court you should then ask for a unedited copy of the original under CPR rules. That way they can't escape. There is a letter about for just that but I don't have time to find it as I'm off to work.

[hunterandthehunted]

thanks twofoot,

 

i will have a root about

 

update.

 

i had a letter from lloyds stating that they are looking into my complaint. ( i do not aknowledge any debt letter sent ).

they have given themselves a 28 day timesacale from the 21.5.09 to respond.

 

in the meantime i sar them and am awaiting the statements.

 

i am confused though because bls are still purseing me even though i have pointed out to them that the account is in dispute.

today i have received a letter from sechiari,clark & mitchell solicitors stating that i have 7 days to pay or court preceedings will commence.

 

should i send this letter

I refer to your letter of XXXXX 2008, the content of which is noted. No debt to your client is acknowledged.

 

On (date) I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

 

i have had a good look around but cannot seem to find anything.

some help needed here please

[cymruambyth]

Hi, yes I'd send that letter and perhaps a copy of the LTSB letter, though they are LTSB's pet solicitors!

[lickthewallfatboy]

this thread might help

[lilly white]

i have look over the cca again i cant see the total charged for credit.

 

if it was me i would look again at is my agreedment enforsable by 42man

 

regards lilly

[hunterandthehunted]

thanks, i will mail and update accordingly

 

sorry for being thick lickthewallfatboy, but whats the point in sending another letter asking for the same info when 1st crud have already provided it to me. ( a signed copy of a cca with all the prescibed items )

 

 

have look over the cca again i cant see the total charged for credit.

 

if it was me i would look again at is my agreedment enforsable by 42man

 

lilly white,

this cca was for a loan for £5000 which is on the cca. i have had a look at the "is my agreement enforceable" and it looks like all the prescribred items are there.

 

but what i was thinking is that, if lloyds have faxed it over to 1st crud how can they have the original thus not being able to provide it in court.

 

what i am worried about now is how to respond to their latest letter which basically states that they met my request and they have invited me to respond within 14 days and the truth is, i havent got the foggiest.

[lilly white]

I PRESUME THAT THEY HAVE CONFIRM IN THEIR OPINION THEY HAVE SEND THE CCA

I AM ALSO GUESSING THAT THEIR IS NO DIFFERENCE IN THE UNEDITED CCA.

 

 

SO SEND THIS

 

 

Address

 

Date

 

Dear Sir/Madam

 

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

Finally, as you have failed to comply with my request, I require you to return the £1.00 fee without delay.

 

Yours faithfully.

[hunterandthehunted]

I PRESUME THAT THEY HAVE CONFIRM IN THEIR OPINION THEY HAVE SEND THE CCA

I AM ALSO GUESSING THAT THEIR IS NO DIFFERENCE IN THE UNEDITED CCA.

 

yes that is correct.

 

thanks for your efforts lilly white, i am still confused though because the letter you have kindly posted does'nt really suit because,

 

1/ they have not comfirmed that they unable to provide a cca, infact they have provided 3.

 

2/ they have not as yet made any formal demands for the monies since i cca them.

 

they have given me 14 days to respond to the letter stating that my request has been fulfilled as they have provided the cca and this entitles enforcement of the debt.

 

could an expert have a look at my cca again ( post 80 ) , i need to know wether the game is up for me as i don't think it will be appropiate to just ignore their last letter

[babybear39]

It doesn't appear to have a total charge fpr credit. That may make it unenfoceable We need an expert's advice on this...

[pt2537]

ok two things that its missing

 

1. Total Charge for Credit- this is a breach of Regulation 2 and Schedule 1 para 9 Consumer Credit Agreement Regulations 1983

 

2 Total amount payable- this is a breach of Reg 2 para 11 Consumer Credit Agremeent regs 1983

 

the agreement is therefore improperly executed and therefore an order of the court is needed to enforce the agreement or any of its terms.See s61(1) CCA and s65(1)

 

this is sufficient breach for the court to exercise its powers to lower the amount owed as a minimum, the court may say, no to an enforcement order

 

There is case law on this point to

 

Rank Xerox Finance limited -v- Hepple CCLR 1994 1

[lilly white]

There You Go O Happy Days.

 

So Amend Letter Put It On Them If You Want To

 

The Very Best Regards Lilly

 

On A Lighter Note

 

I Still Have Not Pick The Winner For The Derby

[lickthewallfatboy]

whats the point in sending another letter asking for the same info when 1st crud have already provided it to me.

 

if they have said they are taking you to court you should then ask for a unedited copy of the original under CPR rules. That way they can't escape. There is a letter about for just that but I don't have time to find it as I'm off to work.

 

i have had a good look around but cannot seem to find anything.

some help needed here please

 

this thread might help

 

 

[pt2537]

Simple

 

 

Dear Sir or Madam,

 

In respect of the credit agreement you have disclosed on the XXXXXXX 2009

 

After seeking legal advice from a Consumer Credit Law specialist i can comment as follows.

 

The agreement you disclosed is improperly executed, it is not compliant primarily with s61(1) Consumer Credit Act 1974 and the consequences are that as it stands the agreement is unenforceable and requires an order of the court pursuant to section 65(1) CCA 1974 to be remedy this problem. you are invited to make such an application for the said order.

 

Upon such an application i will rely upon the following points

 

The agreement is a fixed sum credit agreement, the rate of interest under the agreement is fixed for the term of the loan, there are no items entering into the charge for credit which are likely to be subject to change or variation therefore the agreement requires a term stating the Total Charge for credit with or without a list of its constituent parts, the agreement does not contain this term and therefore breaches Regulation 2 and Schedule 1 Para 9 Consumer Credit Agreement Regulations 1983.

 

The agreement must as a consequence of para 9, also include a term stating the total amount payable, again this agreement does not contain such information and therefore the agreement also breaches Reg 2 and Schedule 1 para 11 Consumer Credit Agreement Regulations 1983 and therefore the agreement does not comply with the regulations made by the secretary of state under the powers given by s60(1) of the 1974 Act and accordingly the agreement doesn ot comply with the strict requirements of s61(1)(a) Consumer Credit Act nor did it comply with s61(1) © Consumer Credit Act 1974

 

These breachs are clearly prejudicial to me as on entering into the agreement i was not givne the informatiuon that the Consumer Credit Act required to be made clear, i was not aware of the true cost of borrowing.

 

I would further highlight that Lloyds TSB subscribes to the Banking Code, as a requiremento f the code, they are required to lend responsibly and they clearly have failed in their duty under the code

 

my contention is that the court should not make an enforcement order, my authority for this contention would primarily be the case of Wlaker v SPPL in the Chester High Court before HHJ Derek Halbert. however if the court were minded to make an order for enforcement my argument would fall directly upon Rank Xerox Finance Limited vs Hepple CCLR 1994 1 and in this case the court taking into account a single breach of schedule 1 Agrement Regs reduced the amount of debt from £5000 to £500 to compensate the debtor for the prejudice caused

 

in view of this and in view of the fact you require an order from the court to enforce this agreement as clearly set out within the act, and the House of Lords in Wilson and First County Trust 2003 UKHL 40, i would invite your proposals to settle my dispute. i would also advise that i am informed that , i am able to apply to the court to consider this matter pursuant to section 142(1) CCA 1974 if no suitable agreement can be met.

 

however i trust this will not be necessary

 

I look forward to your settlement proposals

 

regards

[lilly white]

Wonderful Pt.

 

 

Lilly

[hunterandthehunted]

absolutely brilliant pt, just what the doctor ordered.

i will get this letter mailed to them closer to the 14 days they have given me to respond. ( trying to slow things down a bit ).

 

thanks to every one who has bumped this thread along. i do appreciate

all your comments and efforts even though my responses may seem a

little unappreciative sometimes.

 

oh and lilly white,; pick one with 4 legs:lol::lol:

 

take care

 

til next time

hunterandthehunted

 

ok, i have sent the letter to the in house soliciters ( post 16 ).

 

i have also received another of the standard responses from lloyds stating

that they are looking into my complaint.

 

i can only assume that this is for the account in dispute letter i sent on may 11th. i sent one to lloyds and one to BLS, which

could explain the two seperate responses.

 

i have received no reply from my SAR request, but i guess its early days yet...

[hunterandthehunted]

hi all,

 

received a strange letter this morning from 1st crud in response to the latest letter i sent them.

it basically says that they have reffered my letter back to lloyds tsb for their comments.

 

if they are the ownners of the debt, which they have informed me they are then how can they get

lloyds tsb involved again.

Edited June 25, 2009 by hunterandthehunted
mistakes

[lilly white]

may i asked where you every informed by the oc of the assignment.

 

lilly

[hunterandthehunted]

no i wasnt, notice of assignment was from 1st crud as in post 48

Edited June 25, 2009 by hunterandthehunted

[lilly white]

thats interesting if you did not recived a noa from oc how do you know that they own the allged debt.

 

with respect if i wrote to you would you pay me, i need the money

 

 

have you check this with oc

 

I am still looking for the winner of the Derby

 

kind regards lilly

[hunterandthehunted]

of course i would;)

 

will wait and see what lloyds tsb have to say. if they have sold the debt to 1st crud i really cant see why they would be interested.

 

mind you they supplied 1st crud with the disputed CCA.

 

as regards to the derby winner, you have got 12 months to find it as the last one seems to have got away. maybe the st ledger in setember:rolleyes: