My lloyds tsb credit card debt

[nometer]

sorry to jump into your thread.

It sounds like we are in a similar position I may be slightly further down the line as I have been through the Rob Way lot and now its with CSL.

 

baby bear are they really not allowed to combine debts, I seem to get mixed messages on this?

They have combined all of by debts and keep sending them to various DCA.

[babybear39]

The various accounts would be covered by different rules, T & Cs, acts and guidlines making their combining a stupid and pointless move. If they continue in this vein report them...Simples

 

Also passing on accounts in dispute is another breach of OFT guidlines and the CPUTR 2008.

[MorganaNK]

Is the SAR the one that costs £10? Can you link me to the letter please?

 

Thanks for all your help...

[babybear39]

The SAR template is in the library and yes, it costs £10.

[MorganaNK]

Thanks again... I will do the letter, and I will report them (they are going to be very sick of us as I am already battling Barclays through them and have reported others...)

 

SAR never actually got sent due to my Grandfather falling ill and being in and out of hospital... which meant me and my car got to know the M25 more intimately than I ever wanted... he has only just come out of hospital again now, and Mum is looking after him whilst I try and sort all of this... I will SAR them asap...

 

Thanks

 

Thanks x

[jimbo45]

Hi there

apart from threatening to CHOP THEIR LEGS OFF -- I'd LOVE to do that to most Sols in the debt collection business but fantasising won't solve the immediate problem.

 

Write back to these guys saying

 

1) PLEASE NEVER SEND DISGUSTING THREATENING LETTERS AGAIN -ESPECIALLY YOU HAVE ISSUED NO PROOF ABOUT THIS DEBT .

 

2) If you can't deal with people like SENSIBLE HUMAN BEINGS don't waste your time and energy as everything will end up in the bin anyway.

 

3) IF you had even the slightest knowledge of Common law that a First Year Law student was expected to know after 1 week you would realize that this account is in DISPUTE since the relevant requested documentation has NOT been supplied namely the CCA which I requested on XXXXX from DCA YYYYY.

 

So before we proceed any further I want AN APOLOGY FROM YOU for sending this type of letter out without having ANY LEGAL RIGHT whatsoever.

 

Sending out threatening letters likely to cause offence or harassement to the recipent(s) is a SERIOUS OFFENCE and could lead to your Disbarment from practising Law or even Improsnment if a Court viewed that an illegal demand for money was Extortion.

 

So lets start again

 

1) Apology for letter 1

2) If you really believe I DO owe the money then a letter in POLITE CIVIL TERMS without the following words ANYWHERE in it -- this will test there literay powress BTW.

 

UNLESS

PAYMENT

WITHIN

BY

DATE (or days)

COURT.

 

I of course have a complete defence at law since no CCA is NO valid agreement -- and

[MorganaNK]

Hi Jimbo... like the letter... shame a length of 2x4 isn't a legitimate response

 

I am going to SAR, but I am also going to write to them

[2Grumpy]

Meanwhile it sounds as though LTSB are still the owners of the account so neither Debt Morons or any other DCA can take legal action against you - only LTSB can - so its worth a call to Trading Standards & a formal complaint to Debt Morons & LTSB (because DMs are their agents so LTSB are responsible for their actions) as this can only be classed as intimidation.

 

Follow up the formal complaints with complaints to the Financial Ombudsman so tey get charged £400 for passing go ...

[MorganaNK]

OK, have been ill for weeks, but am finally facing all these letters head on. The Lloyds TSB one is their headed paper but Moorcroft's address... is there a template letter before action or can I just concoct one using the phrases above?

 

We wrote to a DCA for the CCA, and then Moorcrap wrote to us telling us that they were taking action, we wrote back saying "in dispute" and the letter we got showing that they had swiped the £1 was the last thing we got.

 

Thanks

[Bazooka Boo]

No there isn't any template really for a LBA, just ensure that you head it "LETTER BEFORE ACTION" & it must be sent recorded delivery,

"Dear Sir/madam,

I relation to your last letter dated dd/mm/yyyy I will now bring to your attention that not only are you in serious breach of the CCA 1974, in that you have not replied satisfactorily to my legal request for said document, but you have misappropriated the statutory fee of £1 sent with my request, and have used this against the alleged debt which you state I owe, and I have no knowledge of.

Therefore, in light of the above, I send this letter before action and give you a further 14 calender days in which to reply suitably to my original request dated dd/mm/yyyy, if you are unable to supply me with the document then you are to return the statutory fee of £1 to myself and cease all further collection activity against this alleged debt which you cannot prove.

Failure to do so will result in my reporting you to the relevant organisations including, but not limited to, the Office of Fair Trading, Trading Standards, and the Financial Ombudsman Service, I also reserve the right to take any necessary legal action against yourselves for the return of the statutory fee and any incorrect information you may feel is necessary to place on my credit file.

 

I look forward to your prompt response.

Sincerely.

 

Edit that to suit, and others might advise what to add or take out, my heads not really in it today, but that is the sort of thing you need to be telling them.

[MorganaNK]

Thank you BB, I will deal with that tomorrow x

[Halibutt]

A variation on BB's rather good letter might be:

 

Dear Sir/Madam,

 

With reference to your last letter dated dd/mm/yyyy I wish to bring to your attention that not only are you in serious breach of the Consumer Credit Act (1974) in that you have failed to comply with my legal request, but you have also misappropriated the statutory fee of £1 which I clearly stated was to be used soley to cover the cost of my CCA request. This fee appears to have been used to offset against the alleged amount which you claim that I owe.

 

In light of the above, please consider this a letter before action and note that you have 14 calendar days in which to furnish me with a full and satisfactory response to my original request, dated dd/mm/yyyy.

 

Should you be unwilling or unable to supply me with the requested documentation then you are obliged to return the statutory fee of £1 and cease all further collection activity against this alleged debt.

 

Failure to comply with my legal request will result in my reporting you to any and all regulatory bodies as I see fit, including, but not limited to, the Office of Fair Trading, Trading Standards, and the Financial Services Ombudsman.

 

I also reserve the right to take any necessary legal action against you for the return of the statutory fee and for the removal of any unproven and/or erroneous entries that you may have made on my credit file.

 

I look forward to your prompt written response.

 

Yours faithfully

 

(DON'T SIGN - PRINT NAME)

Edited October 26, 2010 by Halibutt

[Bazooka Boo]

Cheers H! Time limited...

[MorganaNK]

Thanks guys - letter has been sent by "you can't deny you received it" mail today!

 

Apex have now joined the game - I wrote and told them politely to foxtrot oscar as I had written to L-TSB telling them that it was not our fault that they started playing Musical DCAs after we had negotiated an agreement! Today we got a letter from Apex saying that their client had received no such letter... this is my response:

 

Thank you for your letter of the 4th November 2010, the contents of which are duly noted.

 

Please see the enclosed, which proves that the letter that I sent to Lloyds TSB on the 22nd October 2010 was received by them at 07:12am on the 25th October 2010. I therefore suggest that your client searches their files just that little bit harder.

 

I reserve the right to report their behaviour to the Financial Ombudsman, and any other relevant organisation.

 

 

Got a lovely letter from Apex of the weekend.. went a little like this:

 

We've done some investigations and we believe that you can pay... so call us because we are not going to go away

 

Bless their little debt collection agency hearts - they could be nominated for Poet Laureate!

[babybear39]

lol...

[MorganaNK]

As you can imagine... I rushed to contact them... not!

 

Just about to take a photo of my doorstep and mail it to iQor to save them coming out and collecting it personally... oops, the deadline's passed, my bad!

 

Anyone who has been following the exploits of my mum and her game of "Musical Debt Collection Agencies" via Lloyds TSB will know that we have already had dealings with Wescot before the music started again and the debt moved on the the next hapless idiot.

 

On Friday we got a letter from them at our new address, dated the 18th January and saying the following:

 

Important: Address Verification

 

We are attempting to contact XXX and have been provided with this address.

 

If you are the person names above, please call us urgently on 0844 XXX XXXX or contact us on the above address quoting the Wescot reference number.

 

You should also contact us if you believe the information we have is incorrect (this made me laugh as the letter is in an envelope bearing the missive "to be opened by addressee only") so that we may update our records accordingly and stop further correspondence on this matter being sent to your address.

 

If we do not hear from you by 25/01/2011 we will assume the contact information we hold for XXX is correct.

 

We look forward to hearing from you as soon as possible.

 

£$£$£$£

 

We have been using our old address and having the mail forwarded. I want to ignore this letter because we have a SAR in place with Lloyds TSB that they have so far ignored, as well as a complaint about them moving the debt from Wescot when we had made a payment agreement with them and then expecting us to make a new agreement with the next hapless idiot (there have been three so far and we have told them all to "foxtrot oscar" their way back to Lloyds TSB) which they have also ignored; and a complaint about them using the CCA £1 as a payment - they've ignored that too! Mum is worried about them turning up on the doorstep - what should be the next course of action?

 

Thanks for your help

 

[PGH7447]

well they wont turn up at your door and if they do tell em to leave, Personally I would ignore this letter, and wait for the next one to arrive then hit them with the account in dispute for the reasons you outlined above

[MorganaNK]

Thanks. The post has just arrived and L-TSB have provided a form for us to sign - like that's going to happen. We can collect the documentation from a branch, so I will be going with that option... I don't let them take copies of any identification do I?

[sillygirl1]

Report that letter to Trading Standards via Consumerdirect and the OFT, they are not supposed to send out misleading or 'assuming if we don't hear you are the person we will take it that you are'. As good as the old 'valid even if not read by you....'

[harrassed senior]

With regard to the letter above, they will totally ignore any replies and the next letter will be assuming they have now 'found' you and will move on to their next set of meaningless threats.

 

Personally, I would not let them take copies of anything, but not sure if they can legitimately do this.

 

With regard to the form they have said you must fill in, again you could state the following, in writing:

 

I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my SAR request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

 

Please now comply with your legal obligation without further delay

[Bazooka Boo]

The norm would be to take your passport, I know that they DO photocopy this when you are opening an account, as it is buried somewhere in the money laundering act and probably various other acts that they have to do so, so don't be surprised if they do copy your ID, however as I understand it, you are merely showing them ID in order to PROVE you are who you say you are, so there should be no need to be copying anything.

 

And one other point on the letter they sent, you MUST make a copy of it and report them to the OFT&TS via http://www.consumerdirect.gov.uk/contact

That is their written confirmation that they do not abide by the DPA and as far as their tracing procedures go, they merely rely upon a phone call from a faceless stranger to either deny or confirm identity to the alleged owner of the debt.

 

They really do love shooting themselves in the foot, send a copy of that to the ICO and your Local MP, lets start getting these issues raised in Parliament seeing as the banks and financial institutions haven't learnt their lessons from the last few years.

[MorganaNK]

Thanks for all your help... x

[MorganaNK]

They are still refusing to release anything without proof of who I am - grrrrrrrrrr and we have now had a letter from Apex chasing another L-TSB alleged debt!

[Bazooka Boo]

Are they indeed! Did you go to your local branch with a DL or Passport?

 

If they are still refusing to disclose YOUR data, then I wouldn't give it a seconds thought and deem the matter closed!

I would even tell them as such, the time in which to confirm my identity is before you sent your first threat letter, as you are now unsure as to whom you have been sending sensitive, and confidential information, I have reported your breach of the DPA to the ICO, and I now deem this trivial matter closed, if I hear anything further from you, I shall report this as harassment to the Police.

GOOD RIDDANCE!

[MorganaNK]

Life in Lloyds-TSB land is getting more and more stupid.

 

 

There are two alleged debts with them, and now Apex and Wescot seem to have swapped debts.

 

 

I have informed them both that the alleged debts are currently SAR,

 

 

Wescot wrote back saying that they had spoken to their client and SAR has to be done through L-TSB

(umm, yes, that's what I wrote and told you, that the alleged debt was currently SAR via L-TSB)

and now Apex have written a very angry letter saying that we are ignoring them

and that they know we can pay so they are speaking to their client to ask them what they want to do next.

 

 

I also sent L-TSB signed SAR paperwork using the SignGuard that you can obtain via this site,

and they are refusing to acknowledge the validity because they look scanned in and not an original signature!

 

It is so hard to keep up with things when L-TSB keep swapping DCAs and also ignore any paperwork you send them. I raised a complaint about their "musical debt collection agency" game, and the fact they use a £1 postal order meant for a CCA as a payment on the account and they have just ignored us and carried on playing games.

 

I think my head may well explode