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    • If it was done via N245 and the payments are up todate then the landlord must make an application with fee for a redetermination. Can't execute with bailiffs can't do anything until he attends a hearing and presents his arguments    ignore. Andy
    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
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Can they close an account with Debt then state it was an error?


TheUnknown
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Hi, Sorry if this is in the wrong section.

 

I was wondering if theres someone who knows about Lloyds TSB and if they can close an account and then re-open it.

 

I used to have an American Express Credit Card with Lloyds TSB, but I lost my job and called them to inform I couldn't make any payments for a while untill I sorted my finances out. They informed me that this was ok and they said it would be put on hold. About 2 weeks later, I recieved a letter from a Debt Collection Agency threatening me with court action if a payment was not made. I contacted Lloyds TSB again, and they assured me it would be put on hold. Lo and Behold, a couple of weeks later, more letters. I contacted Lloyds again and they said they couldn't talk to me as it had been passed on. Since then I have recieved a couple of letters from Lloyds TSB and Dept Collection Agencys, but then I've not heard anything untill February.

 

*edit* when I had the card it was in 2005 *edit*

 

In February this year I recieved a letter that said,

 

"Dear ********

 

Product Name: Airmiles Duo

Account Number: *********

 

We acknowledge your reciept of your payment of £0.00 which clears the ammount due on your account, subject to clearance by your bankers if appropriate.

 

We should be grateful if you could ensure that all paying in books in your possession are destroyed and that any standing order that have been set up in respect of this repayment are cancled with immidiate effect.

 

Your account is now closed on our records and we confirm that no further action will be taken with regard to this matter.

 

Your Sincerely

 

*signatue*

Managers Assistant

Consumer Debt Recovery"

 

 

 

It was great to recieve this letter.

 

But then I recieved another letter in March saying,

 

"Dear *******

 

Our Client: Lloyds TSB Bank PLC

Re: ********

Account Number: *************

 

You may have recieved a letter from us recently stating that the above account has been closed, and no further action will be taken. However this letter has been issued to you in error and you still have an outstanding balance of *******

 

Therefore, if you are making monthly re-payments to clear this balance, please continue as normal. If you are not making payments towards the outstanding balance, one of our agents will contact you shortly.

 

Please accept our apologies for the error made.

 

Yours Sincerely

*signature*

 

Consumer Debt Recovery

Managers Assistant"

 

 

It would be great if someone could help me.

 

Thanks

Edited by TheUnknown
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No.

 

If they've closed an account without issuing a default notice, or a termination notice, then it's an unlawful termination.

 

And they can't just re-instate the account - whether it was shut down in error or not. Once it's closed, it's closed.

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Hey there, when i first read this I thought 2 things...

1st...... I thought that there may have been an accidental clearance of your balance, where someone else has paid their card and the details(card no.) have been put in wrongly,resulting in payment going to your card,and then its realised and that orig' payer has called back the payment your card again had a bal???

2nd..... thing i thought is (and this can be any kind of acc weather it bank,catologues,anything)but basically when we start recieving letters from a debt collection agency its because the debt we had with the once said company has been sold,you then no longer actually have an outstanding debt with that company. (the debt companies buy the debts and they then go after the outstanding bal,and even the debt ag' sell them on sometimes...ever recieved letters from agency only to then months later start recieving letters for the same acc bal outstanding but a different agency now collecting it!)

I know its alot of money but I would pay the 10 quid and request all the info they hold about you...''DATA ACCESS REQUEST'' this will hold everything,letters sent to & not to you, letters to any debt company about you you name it anything. And is prob's going to give you the best/only ans to qu: giving you the option to take it from there. If you do decide to this let me know an I can give you the address you need to make the request to.

:razz:*WELSHIEGAL*:razz:
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