My lloyds tsb credit card debt

[F_DCAs]

I sent a letter to Credit Security mimicking their letter design, the message being 'CCA request submitted over a year ago, ask your client, fulfil it or b....r off'.

 

Nothing heard since. Credit Security or Robinson Way are normally next in line after AIC have fumbled the ball.

 

Royds TSB are nothing if not predictable. Share value down again - if the government weren't going to bail them out again soon, you'd think they'd have the sense to change their practices.

 

Then again, this is Royds TSB we're talking about, and there is no level of pig ignorance that they aren't capable of surpassing.

[MorganaNK]

Received this in the mail, is it enforceable?

 

 

 

 

[MorganaNK]

Post not needed

Edited March 8, 2010 by MorganaNK
as above!

[supasnooper]

If the second scan is iillegible as it appears and the prescribed terms are not easily legible then that agreement could be unenforceable.

The second agreement appears to be enforceable.

 

Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

[MorganaNK]

Thanks for the reply... I have looked at the thread that you suggested but I do not understand (it doesn't take much to confuse me!)...

 

Why are they enforceable/not enforceable?

 

Where do I go from here?

 

Thanks

 

Bump... please help when you can... my brain is in a blender... it's my typing up the boss's NVQ 4 and the thought of three lots of self assembly furniture waiting for me at home!

 

Bumping again - sorry for being a pest

 

Sorry for coming across as a whiny hag , but please can someone help me? I can upload as a PDF when I get home if it would help...

 

Thanks

Bumping

I'm sorry if I am beginning to sound like a stuck record, and I appreciate that we are all busy, but can someone please help me as to where I go from here... I have no idea.

 

Thanks

 

I am beginning to think that I have done something to really hack the rest of you off or am I invisible? Please will somebody help me?

[citizenB]

Responding to your SOS.. just going to have a read of your thread to see what the issues are.

 

BRB

 

Righto, you are sorting out your mum's finances and have asked LTSB for copies of the agreements.

 

The docs they have sent, you have been advised one may be enforceable the other not due it being illegible.

 

It is interesting to note that on the second group they claim it to be the "original" copy. In which case was mum ever given a copy ?

 

An agreement has to contain "prescribed" terms for it to be enforceable.

 

 

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

Your CCA request should have seen you receive copies of the agreement containing the prescribed terms.

 

Then separate terms and conditions from inception and also current terms and conditions.

 

One or two recent court cases have established what a creditor can send in respect of the CCA request. It looks as though reconstructed documents can be provided for that, however to proceed to litigation the originals have to be presented in court.

 

Questions:

 

When were these accounts opened ? Do you know whether Mum has received a Default Notice / Termination Notice from LTSB.

 

Do you know if Wescott is acting as agent for LTSB or if they are claiming it has been assigned to them and they are the new owner ?

 

Do you know if the balances they are claiming are correct ?

[MorganaNK]

Hi

 

haven't been ignoring your advice... being trying to find out about the Default Notice and Termination Notice...

 

Don't know if the balances are correct

 

We have recently moved and I am trying to find the paperwork... it is possible it was shredded...

[citizenB]

Hi

 

haven't been ignoring your advice... being trying to find out about the Default Notice and Termination Notice...

 

Don't know if the balances are correct

 

We have recently moved and I am trying to find the paperwork... it is possible it was shredded...

 

No problem, anyone subscribed to your thread will get notification by email when you post up.

 

If, as you suspect, information has been shredded then you will need to send a Subject Access Request to all her creditors. This is a request for ALL information which include statements, etc. This will cost £10.00.

[MorganaNK]

Hi

 

Going to have to send off a Subject Access Request as I cannot find the correct info anywhere... did receive this on Saturday - any ideas on what my response should be?!?

 

Ooops, wrong letter

 

[citizenB]

TBH, I am not sure where you would go from here.

 

We really need to know if your mum has received DN / TN or final demands. I believe you said they may have been shredded:(

 

Have you sent a Subject Access Request to LTSB asking for all information in respect of mum's financial dealings with them ?

 

If not, then I would get one out as soon as you can. The template link is

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Almost certainly you require ALL statements from inception of the accounts. You can then work out if there are any charges or payment protection insurance added.

 

You need the account history/communications logs in order to see if and when any DN, TN has been sent.

 

Once you have done that, then I think you need to hold off Nelson Guest with a short letter advising that the account is in dispute with LTSB, and until they have resolved the dispute you will not be entering into any further communication with them.

 

What type of sums are involved here ? and when were the last payments made on the accounts?

[MorganaNK]

Hi

 

I am going to send off the subject access request as soon as I get paid (which is not in their ten day timeframe)... the amount is £3220.57

 

I shall write to Nelson and advise them...

 

Well, AIC have passed the debt on to Crudit Security Ltd... I have been ignoring their letters... and today I got two; one dated the 16th March giving me the chance to pay my debt with a 60% saving if I respond by the 26th March, and one dated the 26th March:

 

"Dear MorganaNK

 

You have disregarded numerous requests for settlement.

 

Unless we receive a payment and repayment proposal at this office by NOON 9th Apr 10 a claim will be prepared for issue in the AYLESBURY COUNTY COURT for the debt, interest and an application for costs. Any judgment given will be enforced by the Court Bailiff."

 

Where do I go from here please?

[cerberusalert]

Ignore them, they've already admitted that they cannot take any enforcement action. Just let them waste their time and money sending toothless letters.

[Huff&Puff]

Ignore the idiots, but report them to Trading Standards and the OFT for chasing a disputed alleged debt. I wouldn't worry about court, you'd win on the fact that it's disputed, let alone the lack of agreement.

[MorganaNK]

Thanks guys... I will send the letters to Trading Standards and OFT... can I send Crudit a bemused letter just for the hell of it?

[Huff&Puff]

You can do. They won't take the slightest notice of it, I expect

[harrassed senior]

I'm about 2 weeks' ahead of you with the 'threat' of Aylesbury Court. I chose to ignore as the debt is SB or very nearly, and so far nothing.

[MorganaNK]

Maybe we could hire a coach and make a day of it... any major tourist attractions in Aylesbury we should add to the itinerary?

[cerberusalert]

If Cyclops is at Chequers you could drop in for tea & biccies.

[MorganaNK]

Oooh, sounds like a plan! Should I hire a 52 seater?!?

 

We made an offer of monthly payments to Wescot and they have asked for an I&E form. Know they aren't entitled so where do I go from here please?

[citizenB]

We made an offer of monthly payments to Wescot and they have asked for an I&E form. Know they aren't entitled so where do I go from here please?

 

You could send them and I&E form but without specifics.. ie if you are making payments to other creditors then dont identify them, just put

 

Creditor 1 = £ XX

 

What you do NOT need to supply them with is pay slips/pension or benefit slips, copies of bills, etc.

 

National Debtline have a blank I&E form which you can complete or even have them complete it for you.

 

HTH

[MorganaNK]

Hi Citizen B... thanks for the response. I'd rather not send them anything... is there any way that I can get away with not sending them any sort of I&E (and could I possibly use the word "any" any more times in this post?!?)

 

MNK x

[bazaar]

You dont have to send them anything,

They on the other hand do need to send you proof of debt and agreement etc, before they can go to court.

If you ever get to court, then it would be up to a judge to set a payment based on your income and expenses.

[MorganaNK]

 

Got two more missives from Wescot - first was full of payment slips, and the second contained a form to set up a standing order

[babybear39]

Can't blame them for trying, bless...

[new-me2010]

Subbing, as am just about to start my battle with these.people