King vs Lloyds/Fredkrison - what next?

[king123]

I have a credit card account with Lloyds (formerly a Texaco-branded Accucard). Balance is around £4k. The account is being handled by Fredrikson aka Bryan Carter & Co.

 

In December I requested a copy of my CCA. In April they placed my account on hold as evidently they can't find the original documents. I've not paid or heard anything since then.

 

So, what do people think I should do next?

*Nothing, and hope they'll write it off (like here (albeit a different bank)).

*Write to them (saying what?) to try and force the issue.

*Make a small F&F offer (via a third party)

 

Ideally I'd like to get the account closed as cheaply as possible so I can concentrate on some of my more substantial debts.

Edited August 9, 2009 by king123
typos

[Bazooka Boo]

I would just send them the account in dispute letter, as they have failed to produce the CCA within the timescale, then do nothing until such time as they do produce it.

[king123]

Thanks Boo. If others read this and want to find the account in dispute letter it would appear to be this.

[Bazooka Boo]

Correct that's the one!

[IdaInFife]

if you want to bring closure then a massively reduced full and final would be they way to go (if you are like me and want shot of it and trying to clear up your credit).

 

incase you need it:

 

Account Number:

Dear Eejits

Thank you for your letter dated xx/xx/xx, in which you confirm that there currently is no executed credit agreement relating to the above referenced account.

While admitting no liability for the account and the sum claimed as owing, I am willing to offer the sum of £xx as an ex-gratia payment in full and final settlement of the account.

This offer is made on the clear understanding that neither you nor any associate company will take any further action to attempt to enforce or pursue this debt in any way whatsoever and that any and all liability on our behalf will be fully discharged on receipt of the above stated monies.

This offer is made on the condition that of all adverse entries regarding this account are removed from our credit files with the credit reference agencies.

Payment can be made within 2 weeks of receiving your written confirmation of your agreement of this offer and the subsequent terms of the offer. Please also identify your prefered method of payment and the details of making said payment.

Please note this offer will expire on (date - give them a couple of weeks) if no letter of unconditional acceptance is forthcoming and may not be repeated. This offer is not open to negotiation.

We look forward to receiving your reply.

 

Ida x

[king123]

Hi Ida, Yes like you my intention is to sort matters out quickly and get back onto my feet. I'd already written an F&F letter last night (but I'll see if I can lift anything from yours to make it better ). The offer will be made by a 3rd party so it should be a binding contract. One thing that concerns me though is that if I send it to the DCA rather than the original creditor would it be binding on the OC? I think I might just send the account in dispute notice for now and sit on the F&F for a week or so while I think about it.

[IdaInFife]

as long as it worded correctly then the OC will still need to uphold it. going thru the dca, you have a better chance of accepting a f and f

 

idax

[king123]

You may be right there. When I first got into bother the CAB actually told me to wait for default notices and assignment to DCAs, as the DCAs generally accept lower repayments.

 

Right, anyway, I'll send the account in dispute notice off and have my F&F letter ready to send depending on what happens. Thanks for your help!

[king123]

Received a threat letter this week that the account will be passed to Bryan Carter for immediate action. That's despite the account being on hold and no CCA forthcoming.

[king123]

Got rid of Fredkrison only to receive a "yellow postcard" from Allied International. Should I send the "bemused"/"account in dispute" letter or just ignore them?

[dcakiller]

Got rid of Fredkrison only to receive a "yellow postcard" from Allied International. Should I send the "bemused"/"account in dispute" letter or just ignore them?

 

Yes and complian as no dca/oc should pass on an alleged debt while in default of a cca request.

[king123]

OK, will do, thanks.

[IdaInFife]

and complain to the OFT about the postcard.

 

ida x

[king123]

Had another letter from AIC in November demanding repayment but offering a 50% reduction if I paid up that month. Unfortunately this is my smallest debt and no CCA has been produced, so I'm not going to fork out 1800 to possibly clear it (if their offer can be trusted) while there's still the danger of bankruptcy further down the road.

 

They also threatened litigation. Should I remind them that the account should be handed back to Lloyds and that they are in breach of OFT guidelines? Also that their litigation dept should take only 5 minutes to consider the case, as they can't enforce the agreement without a CCA. Or should I do as I have done and just ignore them? I'd be willing to settle for £500 or so but other than that I don't feel like expending much energy on it as I have bigger fish to fry!

[Bazooka Boo]

Well you pretty much call the shots, they don't have a leg to stand on, and cannot legally enforce any collection activity, as they don't have the agreement.

 

I would remind them of that fact, and offer a 10% F&F offer, on the proviso that your credit file reflects the fact that you do not owe them anything, and that they will not sell on the remainder of the 'alleged' debt, not pursue you for the remainder.

 

If they are not prepared to be mature enough in the matter then you will revert back to ignoring them, and any legal action they choose to bring against you will be robustly defended, and a counter-claim will be issued against them.

[babybear39]

I'm surprised the acount wasn't passed to ****

[king123]

I've had a letter direct from Lloyds telling me their agent "recommends" legal action and demanding an income and expenditure statement. Of course the account remains in dispute as no CCA has been presented to me and the agent was advised months ago to send the account back to Lloyds.

 

I intend to write a "bog off" letter to the bank and DCA reminding them that there's no CCA and that the debt is unenforceable but I can't seem to find it. Can anyone give me a link?

[king123]

Anyone?

[palomino]

I intend to write a "bog off" letter to the bank and DCA reminding them that there's no CCA and that the debt is unenforceable but I can't seem to find it. Can anyone give me a link?

 

Who needs a link

 

Just shuffle your own words around and you will have it nicely. It also has the advantage of being an original letter rather than 'a template copied off the internet'.

[king123]

That was Plan B. Plan B it is then!

[king123]

This is my smallest debt and the most annoying. Has now been passed to the lovely people at Moorcroft. Lloyds have ignored my (quite generous) settlement offers so another "bog off" letter is going in the post!

[king123]

This one is still a thorn in my side - it's just been passed to the 5th DCA, Iqor.

 

When I tried corresponding with the last lot it turned out that Lloyds weren't aware of any dispute on the account. Mistakenly I'd CCA'd Fredricksons, the DCA at the time, instead of Lloyds direct.

 

I've also had several full and final offers ignored or rejected.

 

I'm going to send Iqor the no visits letter but am at a loss of what else to do. Would folks advise starting the CCA process again (not so successful these days?) or just ignore?

[Bazooka Boo]

Whether you sent the CCA request to the DCA chasing at the time or direct to the OC matters not, unless the DCA specifically wrote back to you stating that you would need to approach the OC direct for the CCA, and returned your £1 fee, then they should have passed this onto the OC.

 

Did your postal order get cashed?

 

Idiot Iqor are a barrel of laughs, extremely funny to deal with on the phone, you can easily tie them up in knots each time I have had the pleasure of dealing with them it has been some call centre in India, nothing better than having a discussion with a person who doesn't have a very good grip on the English language!

 

If you want to continue the pointless game of letter tennis, then all you need send idiots inc is this letter, http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

send it 2nd class post, and obtain proof of posting, or simply ignore the fools, if they were going to do anything and were really serious about getting money off you, they would have done so by now, and employed reputable professional companies and the court to do so.

[babybear39]

I always laugh when I read their name 'cos it's similar to a very funny character in a lot of Terry Pratchet books.

[king123]

Thanks for the help Bazooka - and some amusement . I don't know if they cashed the £1 or not - it was a cheque from my dad - but they (Freds, the first DCA) certainly tried to get the CCA and eventually closed their file and returned it when the CCA wasn't forthcoming.

 

I've sent them a no visits letter and will try the account in dispute letter if and when they pop up again.