Capricorn v Lloyds

[Guest]

rw didn't give much time between letters did they! 23/12 - 29/12 - loyds one dated 31/12! all during the holiday period! did you contact/make an offer at all during this?

not sure, but one option could be that if you still want to try and 'negotiate' with rw, or loyds?, you could complain and try and hold them to their '30 days' 'discount' offer, if it's a decent offer? or could make an offer yourself? what do you think?

IMO.

[Capricorn1601]

thats what I thought. Something isnt right, they give me 30 days then send it to horwich F, then LLoyds straight away. Part of me thinks its a frightener to make me react.

 

As yet I havent done anything. I was leaving it over the hols to think and to rest.

 

I thought about writing regarding their offer directly to RW. They did say their client had authorised an offer, and was going to ask what details of an offer they were talking about, without predjudice of course. I need to know in writing what exactly they are offering, as so for I only have their word they wnat to offer me a substantial reduction, but how substantial.

 

any thoughts?

[Dotty50]

Hi Capricorn,

 

I remember having a letter from MBNA once, offering a possibility of a substantial saving, or words to that effect.

 

I did write to them asking what the offer was but they never responded!

 

In view of the fact that I have now had a summons issued, I would not ignore anything anymore and always send an appropriate response, you can never deny to a judge that you didn't try!

[citizenB]

Another threatogram from Robinsons, but no offer, what should I do?

 

Notice of intended legal action

 

Your debt is still unpaid in spite of previous letters, and calls. YOur account may be passed to our solicitors for legal action to be taken.

 

WITHIN THE NEXT 10 DAYS YOUR ACCOUNT MAY BE SENT TO SOLICITORS AND IMMEDIATE LEGAL ACTION MAY BE TAKEN AGAINST YOU.

 

If you prefer to avoid legal action, call or write to us without delay and we can agree a payment plan with you.

 

 

etc

 

 

Please advise what I should do???

 

Have they tried to ring you Ford? Maybe thats the problem, they have never phoned me even though their letter refers to 'calls'

 

So they sent you a letter advising that you had 30 days to take up an offer - which they dont fully advise you on ? They then send a letter prior to the 30 days saying they are intending to advise their client to take legal action !!

 

1. Horwich Farelly are Robinson Way's legal advisors and unless Robinson Way are the owner of the account then they cannot take legal action. You dont say if this account was assigned to them.

 

2. You then receive a letter from LTSB saying that they have been advised to take legal action by the solicitor of the DCA they have outsourced to collect !! Sheesh.. their own solicitors could have advised that !!

 

Capricorn, have you had a read of Sequenci's Debt Blogs. I think there may be something in those in respect of offering a Full and Final settlement.

[Capricorn1601]

Thanks Citizen B

 

I have today written to RW asking for a full explanation of their offer. I think they are playing games with me, looking at the dates the letters were written etc, there was hardly any time for communication between the different parties, let alone allow the time they all were giving for me to respond.

 

I did take a look at Fredsdebt thread again today as he received a application form/cca very similar to mine, which they confirm is microfische only and I feel the back T&C's do not relate to the front and is marked as a Bank copy.

[Guest]

thats what I thought. Something isnt right, they give me 30 days then send it to horwich F, then LLoyds straight away. Part of me thinks its a frightener to make me react.

 

As yet I havent done anything. I was leaving it over the hols to think and to rest.

 

I thought about writing regarding their offer directly to RW. They did say their client had authorised an offer, and was going to ask what details of an offer they were talking about, without predjudice of course. I need to know in writing what exactly they are offering, as so for I only have their word they wnat to offer me a substantial reduction, but how substantial.

 

any thoughts?

 

yes, i think you were entitled to rely on their formal '30 days' to consider matters. they haven't specifically withdrawn it? and their 'batch' of letters isn't reasonable. maybe worthy of a complaint if needs be?

as dotty suggests, they might not respond to your enquiry about their offer. but worth a try.

imo.

Edited January 8, 2011 by Ford

[Capricorn1601]

who should I complain to?

[Guest]

not entirely sure! was thinking aloud. ie in case things don't work out then perhaps an official complaint could be made? to rw, loyds, oft? in addition to the fact that they never responded to your 'dispute' letter?

Edited January 12, 2011 by Ford
typ

[impecunious]

HELP

 

Letter dated 31st Dec, just received today!!!! from LTSB

 

"I feel it is important to let you know that our agents have been in touch with us in connection with your account. They say that they have been unable to agree a repayment programme and suggest we take legal action against you.

 

You can prevent us taking legal action by paying off the full outstanding balance of this account within 10 days.

 

If you are unable to sent payment in full, please complete and return the questionnaire overleaf to enable us to assess your financial situation."

 

 

 

So much for the 30 days and special invitation then, or could this be an attempt to make me get in touch with them? What should I do?

 

 

 

I had exactly the same letter myself this week. I feel quite saddened now - and there was me thinking i was unique!

 

I queried the wisdown of taking into consideration any suggestion from a mere DCA as to whether legal action should be taken against me and graciously declined their kind invitation to complete and return their attached questionnaire with my updated personal information.

 

CAG - I love you!! You empower me!

 

Good Luck Capricorn

 

 

Impecunious!

[Capricorn1601]

Hi there Impecunious

 

I good to know that I'm not the only one, I was feeling a little picked on by the personalised letter. I must read your thread to see where you are at. As you will notice I had a series of letters by RW then HF then LTSB which together painted a rather odd picture. I still feel the excercise was to make me react. There is no way they are getting hold of my income and expenditure. Even if they did they would be probably offering me donations as to its sorry state!!!!

 

 

Caps

[impecunious]

Hi Capricorn

 

I haven't actually posted any threads on this situation with Lloyds. I've been fairly confident in managing them and their nominated "intermediaries" - AIC and then Apex to date. As soon as I feel out of my depth, I'll definitely post a new thread and get advice. It's all a huge learning curve!

 

CAG definitely empowers!!

 

Good Luck!

 

 

 

Impecunious!

[Capricorn1601]

have you heard any more back from LLoyds and their merry men since their letters a couple of weeks ago?

[impecunious]

Nothing yet Capricorn ....................

 

I don't worry about the letters anymore, I just deal with them as and when they arrive. After all, even if LloydsTSB do take me to court, I have no disposable income, no tangible assets, high level of protected earnings and overwhelming debt! Before we get to that stage though, I have penalty charges/unfair charges to reclaim and, in the case of my outstanding loan account, mis-sold PPI, penalty charges/unfair charges ...

 

We could be playing letter ping-pong for a very long time.

 

How are you holding up?

 

Impecunious!

[Capricorn1601]

Im still waiting for a response to my last letter to Robinsons Way. They will probably ignore it, but at least I tried. As many have said, the turn of events doesnt quite ring true, too much correspondence in such a short time, and an offer which they wont tell me about with a month to respond.

 

Watch this space.

 

 

Caps

[Guest]

capricorn

Hi there Impecunious

 

I good to know that I'm not the only one, I was feeling a little picked on by the personalised letter........ have also had that 'template' letter!

Caps

[Capricorn1601]

Hi all at CAG

 

Just got home, and received another letter from LTSB. TBH I feel, confused and a little offended by its contents, let me have your comments as to what you think:

 

"Opening Balance

 

£xxxxx.xx

 

Transaction Details

 

Date

 

xx/xx/2010 Payment £1.00

xx/xx/2010 Reversal £1.00

 

Closing balance £xxxxxxx/xx

 

If you do not pay off the full amount outstanding, we will allocate your payment to the outstanding balance in a specific order which is set out below. The way in which payments are allocated can make a significant difference to the amount of interest you wil pay until the balance is cleared completely.

 

Allocation of payments

 

Since no interest or charges are being applied to your account, your payment will be used to pay off your outstanding balance.

 

Dispute resolution

 

If you have a problem with your agreement, please try to settle it with us in the first instance. If you are not happy with the way in which we handle your complaint or the result, you may be able to complain to the Ombudsman. We will provide details of how to contact the Ombudsman.

 

If you'd like this in Braille or large print, please ask us.

 

comments please

Edited January 21, 2011 by Capricorn1601

[Guest]

hi, is the dca at top right of letter? is 'payment/reversal' the same dates? (could be an s78 cca fee that shouldn't have been recorded against the 'debt'?) and is 'opening/closing balance' the same amount?

Edited January 20, 2011 by Ford
typ

[Capricorn1601]

hi, is the dca at top right of letter? is 'payment/reversal' the same dates? (could be an cca fee that shouldn't have been recorded against the 'debt'?) and is 'opening/closing balance' the same amount?

 

Hi Ford

 

Not quite sure what you mean. The letter has come from LTSB not the DCA.

The payment/reversal dates are one month apart (both 2010 first feb second March)

Yes the opening balance and closing are the same.

 

Not quite sure what this is all about. Any suggestions?

 

 

Caps

[Guest]

Hi Ford

 

Not quite sure what you mean. The letter has come from LTSB not the DCA.

The payment/reversal dates are one month apart (both 2010 first feb second March)

Yes the opening balance and closing are the same.

 

Not quite sure what this is all about. Any suggestions?

 

 

Caps

 

is there a dca name/address shown at the top right corner of the letter?

Edited January 20, 2011 by Ford
typ

[citizenB]

Ford, if the letter is from the Bank eg LTSB, there wont be a DCA name and address on it.. will there ?

[Guest]

Ford, if the letter is from the Bank eg LTSB, there wont be a DCA name and address on it.. will there ?

 

yes! have had one previously! came from loyds, but current dca is shown on the letter as stated. looks like loyds have started sending these 'statements' out where a dca is 'collecting', despite things being in 'dispute' and no such 'agreement' being in place!

[citizenB]

If that is the case, then they should be reported to the OFT. Either the Creditor is collecting or the DCA is, they shouldnt both be at the same time. It is one of the Unfair terms I believe.

[Guest]

the letter has the loyds name/logo at the top. dca name/address top right. 'Date of Statement....', Ref..... then headed 'Statement of Account xxxxxxxx'. 'Creditor: loyds.......'. the rest of the format is the same as capricorn has posted.

[citizenB]

Is the DCA, BLS ? They are inhouse DCA for LTSB

[Guest]

Is the DCA, BLS ? They are inhouse DCA for LTSB

 

no. it is an external dca.