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Help Pls Ltsb Instruct Solicitors


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Hi , I am in a real pickle and just don't know where to turn.

Sorry for the length and layout but it is quite complicated.

 

I have a LTSB credit card.

I began to have trouble making the repayments in AUGUST 2008 during the latter part of my maternity leave.

 

I wrote to LTSB about my financial situation in AUGUST 2008 and offered them a monthly repayment plan.

 

They refused this as they did not believe I could afford it and instead began phoning me at least 3 times a day demanding a minimum payment which was much greater than the offer they said I could not afford.

 

I wrote to LTSB again in September, October, November, December (twice), January 2009 stating my financial circumstances and requesting that an repayment arrangement be put in place that I could afford. I also asked for my case to be dealt with in writing and that I did not want any telephone calls.

 

I received no reply to any of these letters and the phone calls carried on (unanswered).

 

In January 2009 my statement changed, asking for a reduced monthly payment of £100 a month (above my original repayment offer) and with 0% interest. This was much lower than what they had been demanding and as I had just started back at work I was able to start making payments again. I received no notification of these changes by LTSB, however the phone calls stopped.

 

I started having trouble meeting the monthly payment of £100, I again wrote to LTSB explaining my circumstances in April and May 2009.

 

I received no reply to these letters, however my phone would not stop ringing. Interest charges was also added to my account and the normal monthly payment was again demanded.

 

In May 2009 I received a default letter from LTBS.

 

I got advice from here and National Debtline and consequently sent letters to all my debtors explaining my circumstances and including a budget for the rest of 2009. I also requested a copy of my terms and conditions from LTSB and included a letter of complaint about my previous letters being ignored. All of this was sent recorded delivery to the address on the default letter.

 

2 weeks later this had still not been signed for (you have to wait 3 weeks before you can get Royal Mail to investigate). The post office informed me that it probably had been rejected by the addressee - LTSB did not want it.

 

I took copies of what I had sent to my local LTSB branch and asked them to fax it all to the address. Instead they took copies and sent them internal mail by which case they would have received all of this by the 18th June.

 

I have received a copy of my terms and conditions so LTSB must have received these letters. However to date I have not had an acknowledgment of my complaint or my systems access request.

 

I have today received a letter from solicitors informing me that their client now wants payment of the full balance in 14 days otherwise I have to go to court.

 

I really do not know what to do now. They have ignored my letters and tried to bully me into an arrangement over the phone rather than correspond by writing. Their letters are sent from an address that according to the LTSB branch does not accept letters or phone calls - thus stopping people being able to write to them if I want. I feel I have been victimised because I want to correspond in writing, so I know exactly what I am agreeing to. I have informed them that my situation changes in September allowing me to make larger payments (my spouse starts teacher training then) but they just seem to ignore all of this and not give me a chance to repay my debt. I have been honest and open with LTSB all the way through and feel that I have never been given a chance to come to a repayment arrangement.

 

Where do I stand and what can I do?

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Can you post up the Default Notice & the CCA you received, remove identifying details first. ;)

 

On the brighter side, LTSB have just made another 2100 staff redundant so I doubt whether those left have much incentive.

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I don't have a scanner but i will type out the letter.

 

It is from Sechiari, Clark & Mitchell of Queens Road, Brighton.

 

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

 

If payment is not received by our client within 14 days of receipt of this letter, Court proceedings 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.

 

As you have failed to remedy the breach of the terms and conditions of use, our Client has now cancelled your Credit Card. If you have not already done so, your credit card (s) must be returned immediately, cut in half vertically through the magnetic strip, as a security measure.

 

Our Client has also requested that if you have signed any authorities allowing amounts to be charged to the account from time to time, that you should contact the companies concerned to arrange for these to be cancelled.

 

Furthermore, you are reminded that if our Client does not receive a satisfactory response from you, it is the policy of Lloyds TSB Bank plc to lodge information relating to your failure to pay with the following agencies: Experian Ltd, Equifax Europe Ltd and Callercredit plc.

 

You should also be aware that it is common practice within the financial industry for this information to be used when assessing your ability to manage your own finances and it is our understanding from our Client, that this may also impact in the case of family members or associates where they have a relevant financial association with you. Furthermore, if the debt is settled, although this will be recorded it will not lead to the original default being removed.

 

If you are unable to pay the full balance, our Client may be prepared to accept a reduced sum, together with realistic proposals for regular monthly payments. You must telephone our Client on receipt of this letter on ***** should you wish to discuss such an arrangement.

 

REMEMBER THIS IS A FORMAL DEMAND PRIOR TO THE COMMENCEMENT OF LEGAL PROCEEDINGS AND YOU ARE STRONGLY URGED TO MAKE IMMEDIATE PAYMENT TO AVOID THE ABOVE ACTION.'

 

Thanks for your help.

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If you have a digital camera you can take a reasonable picture using 'macro-mode'. It would be better if we can have a look at your agreement & default notice because they must conform to strict rules to be enforceable.

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Whilst your sorting out posting the letter they sent, just to try and reassure you a little.

 

Most letters sent out by big comapnies are intended to stir up just the sort of reaction and feelings your having right now, I'm not about to say it's all nonsense and to ignore them, but, 'IF' they decide to take you to court, then the Judge will look favourably on you, as you have repeatedly kept the bank informed of the change in your circumstances every step of the way.

LTSB have acted in a manner which warrants a full formal complaint to both them, the Financial Ombudsman Service, and the Office of Fair Trading

 

LTSB

13) If you have a complaint

13.1 If you have any complaint, please contact us (see the contact details section) giving full details of the complaint, and how you think we should help. We will respond within five week days (excluding bank holidays).

13.2 If you’re not happy with how we reply to your complaint, you may be able to take it to:

(a) the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR; or

(b) the Office of Communications (‘Ofcom’) at Riverside House, 2a Southwark Bridge Road, London, SE1 9HA,
www.ofcom.org.uk/complain/
, telephone 020 7981 3040, textphone 020 7981 3043 and fax 020 7981 3333.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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