lloyds cca

[CONFUSED45]

Hi

sent cca request back in april09, sent account in dispute letter end of april09, then received letter stating that they had a high volumn of cca request at present and would answer with response by 1st august09.

sent default notice on 1st june 09. been receiving letters stating account in arrears replied with the normal account in dispute. Got letter last week in response to my query and that for a cca request I need to write to new address enclosing the statuory £1.00 which I had already enclosed with my first request. So, I sent this off last week with the additional £1.00 and copies of all my letters and proof of my original £1.00 postal order.

But I have received this default notice, which I have posted below, if somebody could have a look at it would be most grateful

 

 

http://i863.photobucket.com/albums/ab199/confused44/img037.jpg

thankyou

confused

Edited August 30, 2009 by CONFUSED45
taking name off

[thesilversurfer]

Hi confused,

 

Basically LLoyds have 12+2 days to respond to the cca request then they enter default, also if you have evidence that the cca request was sent recorded delivery the dispute is strted from that date. If any enforcement action is taken after this date, it is considered unlawful and therefore vexatious.

 

I would ignore all of these letters for the time being, do you have proof of when your request was sent?

 

Nevertheless, they have responded with acknowledgment. An therefore issuing a default notice is a criminal offence when under dispute. I would certainly report this to the OFT, as could also result in negligence.

 

A.

[CONFUSED45]

Hi

Thanks for coming back to me, I have proof of postage and proof and £1.00 postal order that was sent back in April. So, shall I just wait and see what happens.

regards

confused

[thesilversurfer]

Hi Confused,

 

I would consider sending this letter

 

DO NOT IGNORE THIS LETTER

XXXXX

XXXXXXXXX

XXXXXXXXX

xxxxxxxxxxxx 2009

xxxxxxxxxxxxxx

 

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXXXXXXXXXXXXXXXXXXX

FORMAL NOTICE - ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

 

In response to your letter dated xxxxxxxxxxxxx 2009 I must admit that I am rather bemused as to why this account has been addressed with a notice of default, as it is in dispute and has been since xxxxxxxxxx 2009.

 

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 and the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

As xxxxxxxxxxxxxx are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

 

If xxxxxxxxxxxxx chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines and the Consumer Protection From Unfair Trading Regulations 2008.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

XXXXXXXXXX

 

 

 

 

********(obviously fill in the blanks as you see fit)

 

tell em the Silver Surfer sent you! haha!

Edited August 4, 2009 by thesilversurfer
needed to add

[thesilversurfer]

Sorry also if you want to add value, as a notification put this, its always good to go for a money claim againt a dispute.

 

Please be advised that until this is satisfied any communications made on behalf of your company or third parties to myself will be charged at £XXXX per telephone-call/email/sms/fax/letter of demand or other such like communications.

****** Please put your own value in

[Undercover-Elsa]

Hi Confused45,

The above letter is more appropriate for when the OC has passed on the account to a Solicitor, although Silver Surfer has kindly amended the original CAG template to read Default Notice instead, unfortunately the rest doesn't quite fit in places.

I've looked at your Default Notice and it does seem valid in terms of dates, unfortunately. However as Silversurfer says it should not have been issued while the account is in dispute.

For the moment I personally feel you may be better resending the original Account in Dispute letter from the CAG library, stressing that the dispute dates from 12+2 days after your original request, make the phrase about Default Notices in bold and state that all correspondence is being saved preparatory to a complaint to the OFT, in view of their blatant disregard for the Consumer Credit Act.

From now on you should remember that every letter you send may end up before a judge, so make sure YOU are the one being reasonable and playing by the rules and don't threaten anything eg Court Action that you don't intend to follow through.

Keep us informed every step of the way and always make your own decisions after reading as much as possible about others in similar circumstances on CAG

 

Take care,

Elsa x

[Undercover-Elsa]

PS..I've also asked a Moderator to move this to the Debt Collection Industry Forum if appropriate, where I feel you will get more help.

[steven4064]

Moved as requested

[CONFUSED45]

thankyou

confused

[Undercover-Elsa]

Thanks Steven

Welcome to the Debt Collection Forums confused..its a lot busier and faster moving than the other one so hopefully with all the help you get on here from very experienced Caggers you won't be confused any longer

Elsa x

[CONFUSED45]

Hi Elsa

 

Thanks Elsa and steve, hopefully it will help with some of the confusion:)

 

regards

confused

[Undercover-Elsa]

Nevertheless, they have responded with acknowledgment. An therefore issuing a default notice is a criminal offence when under dispute. I would certainly report this to the OFT, as could also result in negligence

 

Just noticed this..it's not a criminal offence Silver Surfer, it's deemed as "unlawful" as it's a civil matter.

Hope this helps to allay the confusion

Elsa

[CONFUSED45]

Hi Elsa

 

Should I report them to OFT?

 

regards

confused

[Undercover-Elsa]

I would resend the account in dispute letter as above, heading it FORMAL COMPLAINT stating that you now intend to report them to the OFT unless they comply with the requirements of the Consumer Credit Act, rescind the default notice and stop further enforcement activity until they comply with your CCA request. Give them 14 days to confirm that they have done this, then report the beggars if they don't.

 

(Had the default notice been faulty we'd have let them continue to hang themselves and gone a different route)

Elsa x

[babybear39]

Report them anyway to the OFT for issuing a default notice whilst in dispute.

[CONFUSED45]

Hi Elsa and babybear39Thankyou for your reply, will do what you suggest and keepyou updated.regardsconfused

[CONFUSED45]

Haven't received a reply to my 4th request for cca, sent on 28th July09, I know it was received by them on 30th July 09. so, there time up is tomorrow, is there a thread where I can get a template letter for reporting them to OFT

 

regards

confused

[CONFUSED45]

I would resend the account in dispute letter as above, heading it FORMAL COMPLAINT stating that you now intend to report them to the OFT unless they comply with the requirements of the Consumer Credit Act, rescind the default notice and stop further enforcement activity until they comply with your CCA request. Give them 14 days to confirm that they have done this, then report the beggars if they don't.

 

(Had the default notice been faulty we'd have let them continue to hang themselves and gone a different route)

Elsa x

Hi Elas

 

Got my cca request back today,which I have posted below if you could have a look and tell me if it's enforceable or not as I have this default notice outstanding.

cheers

confused

 

http://i863.photobucket.com/albums/ab199/confused44/img041.jpg

[Undercover-Elsa]

Hi Confused,

Sorry, I was away when you posted this, and just noticed it's not been answered.

Bumping this up for more expert opinions than I can offer..

Anyone care to comment?

[CONFUSED45]

Hi Undercover-elsa

 

Sorry have replied sooner but been away, have you had any luck regarding the above, default notices expires on 1st september 09

regards

confused

[IdaInFife]

the agreement looks ok, i think it should say credit card agreement at the top but as everything else is ok, that alone may hvae no weight.

 

The dn is fine as well except obviously when it was sent

 

Ida x

[Undercover-Elsa]

Hi Confused.

Looks valid as far as I can see but hopefully others more knowledgeable will also comment.

Elsa xx

[Undercover-Elsa]

Just looked again at the DN..you need to remove your name from it or take it down straight away confused!

 

Elsa xx

[CONFUSED45]

Hi Undercover Elsa & IdaInFife

 

Thanks you for coming back to me, if everything is okay apart from them sending the default notice when they did. I guess I can challenge the default notice and the interest & charges applied to the account while it was in default.

regards

confused

[Undercover-Elsa]

Thanks for helping out Ida

Confused, as far as I can see, if it is enforceable, Your options now are:

1.to pay the amount on the default if you want to prevent a default being registered and continue as normal. OR

2. To continue to withhold payment until they register the default/terminate the account. At this stage, or after a while, they usually start trying various options to get you to pay, such as freezing interest payments and offering the chance to pay reduced monthly payments etc

Some on the other hand go straight in with threats (which are toothless at first so don't panic).

Ultimately you'll need to choose the right moment to come to a reduced payment arrangement with them, hopefully with no interest. Depends which way they, and you decide to go.

Keep us informed and we'll help as much as we can.

Elsa xx