My lloyds tsb credit card debt

[dx100uk]

have you a thread to your past actions/debt history?

 

dx

[andydd]

I'm guessing I'm next as I havn't contacted them at all yet, was yours an Egg debt ?

[dpick]

Hi if you have not made a payment it does not matter how many calls you have answered, letters you have sent. To them you have not made contact in any way, they are just computer generated letters issued by the computer as no payment is registered on the computer.

 

dpick

[Bazooka Boo]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/235459-apex-threatogram.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/226470-i-got-final-notice.html

 

You could always ask them for a copy of their complaints procedure, as the OFT and TS have told you to use it aswell as them looking into it.

[MorganaNK]

It's a L-TSB account...

 

I guessed that they were computer generated... the computer appears to be the thing with the highest IQ in most DCA offices! x

[dpick]

Nope if you tell a computer 1 + 1 = 1 the computer would believe you a DCA would say it is 11.

 

dpick

[MorganaNK]

Nope if you tell a computer 1 + 1 = 1 the computer would believe you a DCA would say it is 11.

 

dpick

 

Would that be before or after they add the interest and the fees?!?

[andydd]

Nope if you tell a computer 1 + 1 = 1 the computer would believe you a DCA would say it is 11.

 

dpick

 

To a computer 1+1=3

[Iamharrassed]

I have also received a "threatogram" letter from Apex. The first DCA on this particular debt was 1st Credit to whom I was making regular payments. I then decided to try and reduce these and wrote to 1st Credit with a proposed sum. They never replied but then passed the debt onto Allied International By then I had read these forums and decided to CCA them. Allied never replied but passed the debt back to LTSB. They then sent a demanding letter and I replied with the "account in dispute" letter. Now I have Apex on the case.....

 

I sent Apex a copy of all the correspondence and now have the threat of taking me to Court, even though the debt is in dispute. I am waiting for their next action.

[MorganaNK]

Hi guys

 

Little bit confused... hoping for some guidance.

 

I have been dealing with my mum's debts as well as my own. She has two with L-TSB, one of which is in dispute...

 

Today we received a letter from Westcot. Not worried about it because I know I can bury them in paperwork, I just have a problem with which paperwork!

 

The one account that I have done nothing with last had a communication on 13th October from MHA... I am assuming that the Wescot letter applies to this debt, but the amount is slightly different (by about £20) and the client references aren't anywhere close...

 

Which missive should I send them? I am thinking the CCA request (this debt was for a cc)...

 

Any help would be appreciated.

 

Thanks

[42man]

Yes send the CCA request first....

[ncf355]

Hi MNK,

 

yes, the CCA letter seems appropriate in this case, but also send them the telephone harassment letter making it clear you want ALL comms in writing

 

DONT EVER speak to them by telephone, you sound pretty together but they have a habit of dragging down even the most stalwart of people

 

Hope this helps, and the best of luck - keep us updated with progress

[MorganaNK]

Thanks guys... and yes, I am pretty together - hide of a rhino but teflon coated too! x

[MorganaNK]

As some of you will know, I asked AIC to provide me with a CCA reference a Lloyds TSB debt, which they said they couldn't as L-TSB don't keep them, but that I still have to pay. I sent an in dispute letter and heard no more until yesterday, when L-TSB sent me a letter, with an income and expenditure form, telling me that AIC had said that they should commence legal action against me...

 

Now I know that they would have to provide a valid CCA in court, and I also know that only a court can ask for an I&E form... so I am not really that bothered... they are more of an annoyance...

 

I want to know which letter I should send them... any help pointing me in the right direction will be appreciated...

 

Thanks

[F_DCAs]

Refer Royds TSB to the CCA request sent to AIC. Royds will deny ever receiving one. However, not your problem if you have a record that AIC received your request. Do not send Royds or anyone else a copy of your request - you paid AIC to forward that request on,, and if they took payment, they're duty bound to honour it.

[MorganaNK]

They sent back the postal order and told us to contact the originator ourselves - I haven't had much PC access for the last fortnight - just the odd diving on moment at my new job... but after changing ISP's I am now online at home... just in time to receive one of their "we are going to visit/take you to court/break your legs" (delete as applicable). I was going to send them an "in dispute" letter because they couldn't provide the CCA and wanted us to do their work for them... do I need to send anything else?

 

Thanks. AIC sent me the money back via a cheque for £1 which I didn't cash... but I do have the proof of postage/delivery and the copy letters which said that Lloyds don't have to keep the CCA! I will draft the letter telling them that the account is in dispute because their agent could not provide me with a CCA.

[postggj]

Well Keep That Letter And Recorded Slip Etc

 

Who Ever Is Asking For Money Has The Obligation With A Cca Request

 

They Are Screwed Now

 

I Would Myself Just Ignore The Cretins

 

You Have A Perfect Defence And If They Do Go Legal

 

By By Debt

[F_DCAs]

Account in dispute since AIC failed to fully honour the request you sent to them. That's all that Royds need to know. Law of probability dictates that it will either be Robinson Way or Credit Security who get passed this next. If they do, advise them the same - then report all parties involved to the OFT, with separate complaints for each.

[babybear39]

Report them to TS and the OFT for breaching OFT guidlines and the CPUTR 2008.

 

Make the report to the OFT via consumer direct who will pass your complaint to TS as well.

[MorganaNK]

Thanks guys... I love it here... you know just what I need to do x

 

I have just drafted this letter in response to the L-TSB threatogram and would appreciate your comments (I have lifted bits from the "in dispute" template):

 

Dear Sir/Madam

 

Thank you for your letter of 23/12/09, the contents of which have been noted.

 

This account entered default on 04/11/09 when your agent failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On 17/10/09 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the 20/10/09.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

Yours faithfully

 

L-TSB have passed it on to another DCA... who are doing the "we are big and scary, hear us roar" c**p again...

 

As AIC admitted in writing that L-TSB don't have the CCA as they aren't required to keep them, I shall just sit back and wait for it to appear... or I may send them a variation of the old "foxtrot oscar" letter above... depends how bored I am!

[F_DCAs]

Which DCA is it? Report this new DCA and Royds to the OFT as a new complaint.

 

Maybe one of these days, Royds will learn, but I doubt it. I notice their share value dropped below the pitiful 50p mark again on Friday - expect them to get another huge handout any time soon.

[MorganaNK]

The new DCA is Credit (Cretin ) Security Limited from Whitchurch, Bucks...

 

You gotta love their front:

 

Dear MNK

 

We have been instructed by our client to recover the overdue debt.

 

We DEMAND that the sum stated be sent direct to this office IMMEDIATELY using the payment slip below.

 

Your failure to reply could result in a DEBT COLLECTOR calling upon you for payment or a COUNTY COURT JUDGMENT being registered against you.

 

Yours sincerely

 

(illegible signature... or it could be a squashed spider smeared over the page... )

 

I'm so scared... aren't you?

[Lee_K]

lol nice to see i'm not the only 1 having trouble getting a CCA request from Lloyds. You can check out my ongoing thread here:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/239360-lloyds-tsb-unsure-where.html

if it's any interest to you.

 

Looks like i'm going to be making a complaint to the OFT aswell...

[MorganaNK]

Hi Lee

 

I have it in writing from AIC that L-TSB do not have the CCA because they aren't legally bound to keep them after six years... and I have beaten them over the head repeatedly with my response - you say I owe, give me the proof. I am not asking for their first born and the contents of their vacation fund... I just want my CCA...

 

Good luck!

[Lee_K]

If they aren't legally bound to keep them after 6 years then how can they be legally bound to try and reclaim the money back! No contract, no money in my eyes!

 

The thing is, mine hasn't even been 6 years! It's only been 4, and I still cant get a CCA from them! But good luck anyways! I'll be keeping a check on how things pan out for you...