Lloyds, OD and Visa and APEX and AIC

[beagle-12]

Hi All,

First time post, I'm out of my depth here, firstly i know debt is a bad thing and i got myself here, but have had very little work for the past 6 months, saying that things are getting better.

 

Anyway, i have two debts with Lloyd's TSB 1, Visa credit card, owe £2600 took it out in around 2003, i don't know what i signed or didn't sign, they have sent me letters from their Solicitors, i think it is still Lloyd's as it's all the same type spacing and page set up, anyway they sent them some 6 months ago and nothing has happened, then 4 months ago i had AIC after me, i told them to get lost (they are very nasty people on the phone) now i have apex calling me every day, not leaving a message or anything, I'm pretty sure it's Lloyd's about the credit card again. so what can i do? i can't pay the whole amount i could pay bits off but it sounds like with apex they would never pass it back to Lloyd's, can i make Lloyd's an offer direct for half the amount? and would this clear the default on my credit score?

 

2, my Lloyd's account has a £3000 OD on it, again, its been there from about 2003 don't know how i got it but i did, this is up to about £3500 500 of bank charges i think, again i want to get rid of this but it comes back to can i make a deal with the bank to clear it all.

 

My other thought is, is there away to snake, loop hole out of both of these, if i could do that it would be fantastic, but a little wrong so i would have to give some money to the rspca or some one to feel a bit better!. Better to feed a kitten then a banker i say! Please, any advice or help would be fantastic as I'm getting worried about men and big dogs and the house being taken away!

B

[clemma]

For the credit card - you can send them a CCA request to see if they have a right to collect!! Send the following letter recorded delivery:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

Yours etc

 

PRINT do not sign your name and enclose a £1 postal order. If and when you receive anything back from them, pop it on here (minus your details) and people can take a look to tell you if it's enforceable in court or not. If not, then the ball is well and truly in your court - you can stop paying them altogether, offer a full and final or make payments on your terms.

 

As for the overdraft - that is not covered by a CCA request. Instead, you would need to send a SAR to Lloyds:

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

This costs £10, but you will get everything that Lloyds have on you. You can then work out if they owe you any money back from unfair charges/penalties. You can then begin the process of claiming these back - even though the courts have stayed this at the moment, it doesn't stop you. It then means the account is in dispute, and no action can be taken.

[lilly white]

Please Send Above And Lets Sort This Out

 

Well Done For Posting You Have Started The Journey

 

Need Any Help Just Shout

 

 

The Very Best Regards Lilly White

[beagle-12]

Hi,

Thank you so much for your help with this, do I send the CCA to Lloyds, or to which ever shark is now chasing me for a slice of 10%!

 

Does the fact that Lloyds is now state owned change any of the rules?, or is this just getting in to deep questions not to be asked!

Many Thanks

 

 

 

For the credit card - you can send them a CCA request to see if they have a right to collect!! Send the following letter recorded delivery:

 

 

 

PRINT do not sign your name and enclose a £1 postal order. If and when you receive anything back from them, pop it on here (minus your details) and people can take a look to tell you if it's enforceable in court or not. If not, then the ball is well and truly in your court - you can stop paying them altogether, offer a full and final or make payments on your terms.

 

As for the overdraft - that is not covered by a CCA request. Instead, you would need to send a SAR to Lloyds:

 

 

 

This costs £10, but you will get everything that Lloyds have on you. You can then work out if they owe you any money back from unfair charges/penalties. You can then begin the process of claiming these back - even though the courts have stayed this at the moment, it doesn't stop you. It then means the account is in dispute, and no action can be taken.

[clemma]

Hi,

Thank you so much for your help with this, do I send the CCA to Lloyds, or to which ever shark is now chasing me for a slice of 10%!

 

Does the fact that Lloyds is now state owned change any of the rules?, or is this just getting in to deep questions not to be asked!

Many Thanks

 

You send it to whoever is chasing you for the money.

 

......and nope, the recent changes do not change anything.

[beagle-12]

Hi All,

Well thanks for the infomation and support so far!, I've sent the letters off to Lloyds and now am waiting!

 

I sent the letters on 06/08/09, i was delayed as got a bit of work out of town, and can't say no to that!

 

Anyway, the only update so far is that i have a company that sounds like Alan Court? in there automated message, but when i check the number it is Apex Credit Management calling once or twice a day, chasing me for Lloyds, can i send them a letter to say they are to stop as i have sent a SAR and a CCA to lloyds? or do i have to put up with it?

 

many thanks

[cerberusalert]

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

Print name do not sign

[Pinky69]

Tell them the accounts are in dispute and Lloyds are dealing with it. In the meantime you will have no further contact with them until you have received responses from Lloyds.

 

Re Telephone Harrassment..

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

Send these letters to Apex Complaints Department at the address you have for them or they will just be ignored. Golden Rule - NEVER speak to a DCA on the phine- everything in writing.

[beagle-12]

Hi Everyone,

Well have heard back from the bank, i have not got my signed agreement, but a letter saying that a copy is good enough and a reminder of warnings from citizens advice and the ministry of justice, I've not looked at the links yet but will.

 

So if any one has any advice on what i could do next i would be very great full, as i'm playing well out of my level here!

 

 

link to flicker

Flickr: beagle-12's Photostream

Thanks!

b

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[beagle-12]

Thanks,

 

Is this not like a red rang to a bull?.

 

Do they really have to provide me with the one that i physically signed or a copy of with my signature? Or are they correct in saying that a copy of the T&C and agreement is enough?

 

They have already listed me as a defaulter with credit ref companies (it's caused a bit of trouble with funding something else)

 

And lets not mention AIC!

thanks

b

[beagle-12]

Hello everyone,

It's been a long time since my last posts, i thought all this had gone away, but now i seem to have some new friendly DCA chasing me, they are called Wescot, this is for the same debt as before an overdraft which is apparently in the £4000 mark, i have not paid this as i said before because i had a £2000 overdraft and the good people at Lloyds have never been able to tell me what the other £2000 is.

I have written to Lloyds for times and every time to a DCA asking to explain the debt and all i get is it is an overdraft on a lloyds account.

I have been ignoring Wescot, well i replied the first time to say ask what it was and they said a lloyds over draft, then i got a pay up letter, then a, our solicitors will sue you, so pay up and now a door step collection letter.

 

I will send them again a son't come you are trespassing letter so that should hold them off....

 

I have a couple of questions if some one can help me, please....

Why will Lloyds not deal with me? i don't want to pay a DCA and i am happy to pay what i owe, and i have written to Lloyds and told them this?

I have Delt with this with Apex, Moorcroft and now Wescot, can lloyds sell my debt three times?

They have all offered me great discounts if i pay up, have i missed the boat for that, if i pay up would it show as a default on my credit score?

 

I'm really stressed about this, i'm know fool (apart from getting into debt) but even this is wearing me down now, it's been years and i worry about my wife and children at home if a door steep collector comes as I'm away working a lot, you gotta take the work where it is these days!

 

Please any advice would be great, can i sue lloyds for harassment? give them a taste of their own ?

cheers

b

[beagle-12]

Well, now i have scotcall sending me letters, do i just start the whole paper game again, this now really is starting to where me down! has any one got any advice as how i could open up communications with LLoyds? i really now think this is harassment!

thanks

b

[beagle-12]

Well, now i have scotcall sending me letters, do i just start the whole paper game again, this now really is starting to where me down! has any one got any advice as how i could open up communications with LLoyds? i really now think this is harassment!

thanks

b