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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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LTSB Loan/CC/OD


Regulus
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OK, I have been at odds with LTSB for around a year now, staritng shortly after I first became unemployed for a lengthy period.

 

I have a credit card, Overdraft and loan with them, altogether the amount I owe is around the £20K mark.

 

I have been hit with repeated charges on all 3.

 

Loan

 

Right now, I am dealing with a company whose name I forget (I will find my letters from them tomorrow and report back) who contacted me on behalf of LTSB Loans. They have been actually very kind of patient with me, acknowledging my being unemployed and gave me 3 months free to hopefully find work before things would move ahead. They informed me quite politely that they would be able to accept small token payments (starting at £10 pcm) over 6 month periods, gradually raising, and that would be enough for the time being until I am settled in a job where I can afford to pay more. Well I haven't been able to meet that repayment nor timescale, so I know that they will soon start pressing forward with legal action.

 

Where should I go from here? Start with CCA then onto SAR?

 

 

Credit Card

 

Still with LTSB. haven't heard from them in a while, but I was, until my JSA was stopped, paying them £20 pcm and they were content with that. Of course now I can't make that, and they will likely start calling back next month.

 

So, again, CCA then SAR again?

 

 

 

Overdraft. Haven't heard diddlysquat from them about it since my current account was closed down.

 

Should I just wait until they contact me about it?

Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)

 

vs Capital One: CCA req sent 6/7/09. No reply

vs LTSB Credit Car: CCA req sent 6/7/09. No reply

vs LTSB Loans: CCA req sent 6/7/09. No reply

vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09

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Hi REGULUS

Sorry to hear about your status at the moment,there are a lot of people in your position at the moment and I was nearly there myself at xmas so I know the debts are the last thing on your mind and quite rightly,hope something turns up for you soon,

 

Regarding the Tsb and your unemployment,they know they cant get blood out of a stone and no judge will be prepared to give them anything more than £1 per week and I have seen a neibour recently get everything wrote off in them circumstances,

 

regarding the credit card send off a cca request and hope the dont(which they wont) send anything in the 12+2 days and then put the account in dispute, how long have you had the card?

Lloyds TSB

section 78 customer care

sussex house

1-9 Glouster place

Brighton

East Sussex

BN1 4BE

 

Send off A sar request for the loan and charges(they will ask for signature to delay) sign it but make it different in some way..ie line through it and in my opinion get someone to write a cheque and give them the £10 as po are hard to trace/chech for being cashed.

 

DSAR team

Lloyds Bank Plc

Charlton Place

Andover

Hampshire

SP10 1RE

good luck and dont worry

gaz

 

 

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Be prepared to not get the imformation you requested straight away keep to the timescales allowed and send letters from the library in order,

start a folder with all letters from them to you and keep a nice paper trail so you can see you have been resonable throughout,dont take any phone calls and keep everything in writing,all the help in addressing the letters will be found on here with the help of others, but if you have been reading up then you already know that;)

 

with the sar you can get back some cash hopefully:D

 

 

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Hi Gary, thanks. From your sig it seems you've been own this road a time or too as well> How are they working out for you?

 

 

Truth to tell, I don't know how long I've had the card, probably about 2 years, possibly 3, not all that long really.

 

So CCA for credit card, and SAR for loan, paid by cheque so I can trace it being cashed.

 

Why deface the signature they request though? Is that too delay proceedings because they will claim forgery or is it to to identify which signatures are true in case they try to copy them onto other docs?

Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)

 

vs Capital One: CCA req sent 6/7/09. No reply

vs LTSB Credit Car: CCA req sent 6/7/09. No reply

vs LTSB Loans: CCA req sent 6/7/09. No reply

vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09

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Why deface the signature they request though? Is that too delay proceedings because they will claim forgery or is it to to identify which signatures are true in case they try to copy them onto other docs?

 

some people would say that there are dodgy characters in house that could cut and paste signatures on to a agreement if they wanted.

I couldnt comment:rolleyes:

 

 

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I have been through the bank charges sucessfully before and im disputing various cards,when the agreements came they were unenforcable so now im not paying and havent been since november and ive claim on the charges back too, I have no intension of paying any of them unless they take me to court,which they wont,

 

with the help from this site you will gain knowledge and confidence,just be prepared to do a lot of reading and If your not sure ask,

 

Im not as experienced as a lot of others on here so someone will give you the correct advice.

At the moment I have ppi waiting to come through for a couple of grand and more to come,

 

the idea behind the cca is to give you something to dispute 12+2 days-this will probaly never arrive and you can send the "account in dispute" letter off-that will be the reason to stop paying.(£20)

 

the sar will come up with the agreement-maybe but certainly the charges and any loans +ppi this will give you ammunition for reclaiming your charges back and you should be able to put in a claim for hardship

 

when you dispute the accounts what have you got to lose ,

your probaly skint now anyway and if your missing the token payments your credit rating in going down hill,so make the most of a fight back against these banks and get some money back in the process.

  • Haha 1

 

 

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Anything that buys me another day whilst I am out of work and money is only a good thing. And if I can get some money back in the process, well I turn away form that chance either :D

Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)

 

vs Capital One: CCA req sent 6/7/09. No reply

vs LTSB Credit Car: CCA req sent 6/7/09. No reply

vs LTSB Loans: CCA req sent 6/7/09. No reply

vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09

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I too have requested my the cca agreements-did actually get a signed copy of our application in 1982-well done tsb!! had the solicitors threatening letters the debt collection arm of Lloydstsb following the advice and writin all the letter recommended on here has helped so much its been brill-NOW i hav recieved a new line from them they say that i hav quote'' drawn down and repaid debt pn multiple occasion over the years thereby i am acknowledging my agreement is valid'' is this right??????

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I would say not. You'll need this confirmed of course, but it sounds to me like they are trying to get you to openly admit you agree that the agreement is valid. Kinda like they're building up some fuel for if/when this claim goes to courts. But that works both ways, as it certainly seems they are grudgingly admitting that the agreement is NOT valid, thus are trying to get you to say you agreed to the terms presented.

 

My suggestion would be to either ignore the letter or reply saying something along the lines of 'I assumed all was correct and valid as I was led to believe such was the case upon application. Having reviewed my agreement, it is clear I was purposely misled by yourselves and that the agreement signed is indeed NOT valid nor enforceable'.

 

Not sure if that 2nd option would work, but it seems to cover the major sticking point they have chosen.

 

Basically they're trying to argue that by your agreeing and continuously paying them, you agreed that the contract signed was valid. Basically, if you agreed to those terms, you were happy for them, and they feel they're not responsible.

 

If that is the case then, sorry, but it doesn't cut it. Their agreements are not valid by law and any of us who are in this boat have taken up these agreements after being wrongly informed by themselves, making the agreement void.

Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)

 

vs Capital One: CCA req sent 6/7/09. No reply

vs LTSB Credit Car: CCA req sent 6/7/09. No reply

vs LTSB Loans: CCA req sent 6/7/09. No reply

vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09

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