Allied International Credit/Lloyds - urgent advice needed please

[postggj]

ime of the opinion that egg agreements are unenforceable

 

approved limit rather that credit limit (percribed term)

 

seperate t&c

 

perscribed terms no in the four corners of the agreement

 

 

but thats just my opinion

[Longwaydown]

ok thanks - as there are no prescribed terms on the page with my signature, the suggestion seems to be it might not be enforceable.

 

Has anyone ended up in court with the bank then producing an original document clearly linked - ie, A3 form? I'd be interested to hear.

[postggj]

have you read pt thread on egg agreement

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html?highlight=egg

[Longwaydown]

Not yet - looks like I've got a bit of reading to do there!

 

Thanks for the pointer.

[Longwaydown]

Hi Chaps

 

I've not responded to AIC and whilst they've phoned a few times, I've not heard from them since the yellow slip back on 2nd September. They've now written with a letter headed: "URGENT - Final notice of intent"

 

They state that they have sent numerous letters - nope. They also state that their client has authorised them to consider issuing proceedings against me unless I pay up, in full, immediately.

 

Now I'm still uncertain as to whether the agreement has the correct prescribed terms, so do I respond to them with see you in Court? Or still suggest the account is in dispute?

 

Suggestions most welcome.

[F_DCAs]

AIC are liars. Trust nothing they say or claim. From what's been said so far about APR and credit limit, I'd be inclined to think it's unenforceable. The agreement doesn't state an amount for credit limit, and it doesn't say that there is no credit limit?

[Longwaydown]

Well, I haven't heard anything more from AIC, but a week ago, Robinson Way got on the phone to me and have sent a couple of letters demanding payment.

 

I would have thought that court action would have been forthcoming by now if the agreement was enforceable? I'm planning on writing to them to advise them that the agreement is unenforceable as it doesn't contain the prescribed terms - is this wise?

 

As always, your views are gratefully received.

[Longwaydown]

Robinson Way have been in touch asking where they have gone wrong! I think I'll write and put them in the picture! They have also offered a 50% reduction if I agree to settle now.

Then today, a letter arrives from Lloyds themselves saying their agents have been in touch and reccommend legal action.

They go on to say that I can prevent the actin by paying in full or fill out a financial questionnaire to see my situation.

Does it sound like they are trying things on? I'm still hanging my hat on the agreement not being enforceable due to some prescribed terms missing, but I'd appreciate some fresh input.

[F_DCAs]

Robinson Way have been in touch asking where they have gone wrong! I think I'll write and put them in the picture! They have also offered a 50% reduction if I agree to settle now. Have a 100% reduction considering that sufficient proof of debt hasn't been supplied. And that, is RW's problem and not yours. Your next sentence suggests that RW know they can't proceed and have passed it back.

Then today, a letter arrives from Lloyds themselves saying their agents have been in touch and reccommend legal action. Stock response from Royds whenever a DCA passes an account back to them. Credit Security will probably get this next, but they can be very easily seen off.

They go on to say that I can prevent the actin by paying in full or fill out a financial questionnaire to see my situation. Not Royds' business to know - only a court have the right to this information. Do not supply!

Does it sound like they are trying things on? Yes, very much so.

I'm still hanging my hat on the agreement not being enforceable due to some prescribed terms missing, but I'd appreciate some fresh input. You'll get good advice here regarding the mechanics of prescribed terms. Sounds to me like Royds know they'd be onto a loser if they ever tried taking it further, and with their precarious situation (that share price never does get greater than 60p, does it Royds?). I personally have seen off 5 different Royds-instigated DCAs, and the routine becomes very repetitive.[/quote]

 

 

Please see my input in red.

[Blossoms]

Hi, im new to this site, so help would be appreciated! I have a debt with BLS (Lloyds) and have been paying regularly for over 3 years, I have now started getting phone calls at work from AIC, after reading a lot about them on this site, I will take the advice given, but my question is, should I continue to pay BLS? Thanks

[Longwaydown]

Then today, a letter arrives from Lloyds themselves saying their agents have been in touch and reccommend legal action. Stock response from Royds whenever a DCA passes an account back to them. Credit Security will probably get this next, but they can be very easily seen off.

 

 

How right you are F_DCAs!

 

A letter from Credit Security Limited arrived today DEMANDing they get IMMEDIATE payment! Otherwise a DEBT COLLECTOR may call on me or a CCJ may be registered against me.

 

Also had a phone message from a number which, looking at "who calls me" is CSL. They'll be getting the phone harrassment letter and the account is in dispute letter tomorrow then.

[Longwaydown]

OK, received a letter yesterday dated 2nd August from Credit Security Limited saying:

 

PLEASE TAKE CAREFUL NOTE

 

1. You have ignored our previous communication

2. You have had the benefit of goods/services supplied for which you have not paid.

 

Unless we hear from you within 7 days with a payment and repayment proposal we may wiothout further notice:

 

a. Instruct one of our local collectors to call upon you for payment.

b. Proceed with legal action for recovery through Aylesbury County Court

 

blah blah etc etc.

 

Is this a usual threat-o-gram?

[2Grumpy]

Only the organisation that owns the debt can start proceedings. That would be LTSB. Unless Credit Security Limited are claiming to be LTSB's lawyers or they have bought the debt & you have received notice of assignment, this is a load of rubbish.

 

The only communication you should make with them is a formal complaint for attempting to mislead you (for the above reasons) along with a reminderthat they may not call upon you for any reason.

 

Other than that .. ignore

[Longwaydown]

After sending them the harassment by telephone letter, Credit Security wrote asking me to fill out a financial questionairre detailing all my personal circumstances. Needless to say, I didn't fill that one out!

 

Today a pink letter drops on my mat from them offering me a 60% saving if I pay within 10 days. If I don't go for this, they tell me the last course of action is to refer the account for recoverty through teh County Court.

 

Is this standard proceedure from them?

[Longwaydown]

OK chaps, time for a bit of help, please:

 

Credit Security today sent me a letter saying:

 

"You have disregarded numerous requests for settlement.

Unless we receive a payment and repayment proposal at this office by NOON 7th Sept 10 a claim will be prepared for issue in the AYLESBURY COUNTY COURT for the debt, interest and an application for costs. Any judgement given will be enforced by the Court Bailiff."

 

Now, I haven't actually sent these guys anything apart from the telephone harassment letter, so what is the best course of action? Opinions gratefully received!

[Longwaydown]

Anyone? Really could do with some input, please!

[2Grumpy]

OK chaps, time for a bit of help, please:

 

Credit Security today sent me a letter saying:

 

"You have disregarded numerous requests for settlement.

Unless we receive a payment and repayment proposal at this office by NOON 7th Sept 10 a claim will be prepared for issue in the AYLESBURY COUNTY COURT for the debt, interest and an application for costs. Any judgement given will be enforced by the Court Bailiff."

 

Now, I haven't actually sent these guys anything apart from the telephone harassment letter, so what is the best course of action? Opinions gratefully received!

 

More scare tactics. Only the original creditor can issue proceedings unless the debt has been sold on - in which case you would have received letters of assignment.

 

Any enforcement action would NOT be enforced by bailiffs unless they got the CCJ & you didn't keep to the terms of it.

 

Report them to Trading Standards. Don't bother writing to them - they don't deserve a reply to rubbish like that.

[Longwaydown]

Thanks 2Grumpy

 

They haven't said they have bought the account but state they are acting on behalf of lloyds - presumably, they are able to issue proceedings on behalf of a client? I would have thought this would be handled by a solicitor though.

[Longwaydown]

OK, so now Knipe Woodhouse-Smith solicitors have sent me a letter saying their client Credit Security Limited have instructed them to issue County Court proceedings if they don't receive payment within 7 days of the 7th Sept. I only received the letter on the 11th.

 

They also stated that I would be liable for their charges of £35 and the court claim fee of £20 and their client reserves the right to claim interst at the statutory rate.

 

Now as 2Grumpy points out - I didn't think they could issue proceedings unless the account had been sold on - there are definately no letters of assignment and no mention that KW-S are acting for Lloyds.

 

Do l send them a letter saying see you in Court? or explain my contention about prescribed terms? Can't use the account in dispute letter as Lloyds have made it quite clear that they feel they have complied with s.78 with what they sent me last year. Thoughts please.

[Longwaydown]

Need a bit of input please guys as the 7 days KW-S gave me is up tomorrow, so want to be fully au-fait with what they can do etc.

 

Thanks in advance.