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Capricorn v Lloyds


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Hi its from SCM SOlicitors acting on behalf of LLOyds...

 

 

We are instructed by LLoyds TSB Bank plc, who advise us that despite several reminders including the issue of a Default Notice served persuant to Section 87(1) of the Consumer Credit Act 1974, your acount still remains out of order. This letter therefore makes formal demand on you to repay the account balance as quoted above. You should be aware that interest continues to accrue on a daily basis.

 

If payment is not received by our client wihin 14 days from receipt of this letter, Court proceedins may be instigated against you without further reference. Once these have been issued, you may be liable for Court Fees and SOlicitors costs incurred by our Client. In order to avoid this action you should send your cheque made payable to LLoyds TSB Bank plc to the above address, quoting your account number clearly on the reverse of the cheque.

 

 

 

 

Please advise what I should do... no true CCA received, only the 'we will fob you off with this mickey mouse version', CPR31.16 totally ignored and they are currently in receipt of my SAR.

 

What can I do now?

As you have failed to remedy the breach of the terms and Conditions of use, our client has now cancelled your Credit Card.........

You need to write to the solicitors, stating that you have put the account into didpute with the OC ( enclose a copy of this letter ) and that they are in default of s78 in not supplying a true copy.

 

Also that any action taken wil be robustly defended.

 

Try amending this with your particulars.

 

 

Ref Account xxxxxxxxxxxxxxxxxxxxxxxx

 

Dear sirs,

 

I am in receipt of your letter dated xxxxxxxxx and I am somewhat surprised by its contents. No debt to your client is acknowledged.

 

The account has been in lawful dispute with your client since xxxxx following a request for a true copy of any agreement held by xxxx under section 78 of the Consumer Credit Act 1974. Your client has repeatedly failed to discharge their duties under s78 of the act, despite xxx separate letters from myself, including a CPR31.16 request.

 

To date, your client has only supplied terms and conditions,

 

It is my opinion, that there may be issues surrounding the handling and administration of the account, which may greatly distort the account balance, hence the need for a “True Copy” of any agreement held. This is a justified and lawful concern and dispute.

 

You will be aware that in these circumstances, your client is not able to enforce the alleged debt while this dispute is in progress. Despite this, your client has to date ignored the law and OFT guidelines. This matter will be the subject of additional actions by myself.

 

In the circumstances, your and 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 and your attention is drawn to this guidance document.

 

Your attention is also drawn the ICO on Data protection, as passing details on to a third party while an account is in dispute is contrary to the Data Protection Act. I have previously issued letters to your client under s10 of this act. You may wish to advise your client of the implications and costs of ignoring the Data Protection Act.

 

With regard to the legal threats within your letter, I would remind you that your client will need to obtain a CCJ in order to request such actions from a court. The court would take a dim view of any action by your client, while failing to take all steps to resolve such a dispute, prior to court action. I would also remind you that without any original agreement, a court would be prevented from enforcing any alleged debt under s127 of the Consumer Credit Act 1974.

 

Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches and my efforts to resolve this dispute with your client. Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

I await your clients full compliance with their duties under s78 of the Consumer Credit Act 1974, before commenting further.

 

Yours faithfully,

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Hi hammy

 

Just taken a look at your thread. I notice you did actually receive something with your signature from LTSB. At what stage did they send you this? I havent received anything which remotely looks like an agreement or even an application form! They have defaulted me and expect me to believe that we have an agreement in place, just because they say so.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Hi hammy

 

Just taken a look at your thread. I notice you did actually receive something with your signature from LTSB. At what stage did they send you this? I havent received anything which remotely looks like an agreement or even an application form! They have defaulted me and expect me to believe that we have an agreement in place, just because they say so.

Unfortunately for them, it was for the wrong account.

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just taken a google look at SCM to see what I am upagainst. Feeling much more possitive now, although I know it wont be easy. Still not sure how serious they are or whether its one of the maybe if senarios to scare me into submission.

 

Scanned lots of documents in this afternoon. Dug out the FOS Complaints form, and LTSB final response letter I received the other day. Have already emailed the completed claim form back to FOS with copies of everything including the letter I intend to send back to **** on Monday (Thanks Vint for this one).

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Letter sent off yesterday to ****, together with a copy of CCA request, in dispute, CPR31.16, in serious Dispute and SAR request. The whole lot also copied in to Jannette Murray of FOS, who has received the list above together with completed complaint form copy of final response letter and letter referred to in final response letter.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Just wondering about the 40 day rule for SAR. Is it 40 from posting? I sent mine on 18th September and 40 days from then is about now. Can anyone advise please?

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Is this any help?

Lloyds TSB Bank Plc

DSAR Team

Customer Service

Recovery Centre

Charlton Place

Andover

Hampshire

SP10 1RE

Your Reference:

Dear

I sent my request for a S.A.R. on xxxxx; it was received by your company on xxxx.

According to the Information Commissioners Office, you have failed to respond within the statutory time limits for this request;

the data controller is obliged to reply promptly and, in any event, within 40 days, provided that necessary fee has been paid”.

I am therefore entitled to complain to the Information Commissioner. Is there any reason for your delay in replying?

For clarification, the accounts referred to are:

I request that you supply me forthwith a copy of your complaints procedure, to enable me to forward my complaint to the Information Commissioners Office and other regulatory bodies.

Yours sincerely,

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thanks cymruambyth

 

 

Just got home and received this from LLoyds in the post. Still havent received anything from my SAR request and will send them the letter above next week.

 

 

Dear Capricorn

I am just writing to let you know that we've receive your complaint. Thank you for taking the time to get in touch.

It's important that your complaint gets the attention it deserves so we've sent it to our Brighton Card Customer Service Recover Centre which specialises in complaints like yous.

It will take a couple of days for your complaint to reach Brighton and we would grateful if you could bear this in mind if you need to contact them.

We expect our enquiries to be completed within the next four weeks but will try to get our response to you sooner if we can.

If there is a delay, we'll let you know why and give you n idea of when you can expect to receive a full response to your complaint.”

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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  • 2 weeks later...

Hi all

 

still waiting for the SAR to arrive. Just received a statement in the post and noticed that they have sent my account to MHA. I have read that these are in-house DCA. Any advice from anyone in what to expect from this set of no-hopers and how to stay one step ahead of them would be greatly received.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Hi capricorn

 

re your dn - unless i've misread things, i think the format of your s87 dn should contain a statement as per paragraph 10A of schedule 2 of the 1983 regulations!

 

i've had a couple of letters from mh a following statement - first one was a pay up or [problem] may start legal proceedings. second one was an offer of a reduced monthly payment to avoid legal action.

 

hope this helps!

Edited by Ford
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thanks ford, I may come back to you on how to respond to them when they get in touch.

 

There was not mention of a statement as per schedule 2 10a of 1983 regs only 87(1) CCA 1974. What does this mean?

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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  • 3 weeks later...

Hi all

 

I thought all had gone quiet after sending the amused letter to MHA. Just got home tonight to a letter which is just a joke.

 

"The bank has been reviewing your acount which have now been passed to me as your personal advisor".... wow, I have a personal advisor now!!! Am I going to take any notice of what they advise? Hell no! Not sure of whether its wise to publise this advisors name, but suffice to say, I've googled her. Graduate from Zimbawe in Software Engineering aged 24. hell I've got handbags older and wiser.

 

"I am pleased to be able to tell you that I have a number of special offers specific to you (boy do I feel important now!) to help you repay your account.

 

One payment in full and final settlement of your debt at a discounted rate of 85% of your balance

or

full and final settlement over 3 months at a discounted rate of 90% of your balance.

or

Repayment arrangements, pay your minimum payment of 2% of your balance for the next 3 months and we will clear the arears on your account meaning I only have to maintain minimum payments from then on."

 

 

I bet they are queuing up to take them up on this... LOL.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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another letter from MHA

 

We understand you are having difficulties paying your debt to our client LLoyds TSB, As a result our client is prepared to accept a reduced payment fo the next six months. blah blah

 

ive already sent this set of **** bags the I do not acknowledge this debt, it is in dispute etc but have had nothing to acknowledge they understand this. What can I do now?

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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  • 5 weeks later...

Hi all

 

last night got home to a letter from ICO. Apparently LTSB have indicated that they have been unable to trace ever having received this request. Therefore she has concluded that LTSB has not failed to comply as they didnt receive it. Now just a second whilst I stop laughing.

 

"Now, mi Lord, me just a humble individual, who am I to dispute what they are saying, heaven forbid as banks are so honest, and of course they deserve their fat cat bonus'.

 

Lets look at the evidence, I sent the letter, or did I? LTSB say they have no record, but hold on a second, I sent it recorded, and have a print out of the signature from the receipt. But LTSB say they have no record.

 

and there's more....

 

I have a letter dated 28th September saying they are sorrty I had cause to complain... yes I asked for a SAR.

 

and more....

 

I have another letter dated 2 November saying they have sent the request to the Brighton Card Customer Service Recovery Centre.

 

But of course LTSB have never received my complaint (SAR).

 

And there even more.

 

Last week I received a package, no not quite what I asked for well not entirely. THey sent statements back to 2004.

 

So mi Lord, lets look at the evidence, did I send a SAR to LTSB?, well the post office seems to think so, LTSB acknowledged it, not just once but twice. They seemed fit to send the request to Brighton, and they have sent me a bundle of statements.

 

So I presume the right and honourable LTSB must be telling the truth then?"

 

OK end of rant.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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