LTSB loan passed to BLS who are now harassing and making threats - advice please

[jc1234]

I defaulted on a loan to LTSB (as I was advised to at the time by my bank manager) and the debt was later passed to BLS. I made arrangements to repay the loan at a fixed amount per month, to be reviewed when I was in a position to increase my payments.

 

As my circumstances have not changed much - indeed now I am on reduced hours at work, I have never contacted BLS to increase payments. BLS periodically demand that I increase my payments and that I must telephone them immediately to discuss. I confess that once I realised they were just trying to put the frighteners on, along with their so-called solicitors, I completely ignored them.

 

Recently they demanded that I increase my payments by 50% - I didn't. Now they say that I have defaulted on the agreement - they are still taking the originally agreed amount - and that if I do not telephone them within 14 days they are taking me to court.

 

From reading other threads on this forum, I believe they have defaulted me as they have decreed my payments should have changed, so my first question is can they actually do this legally?

 

Secondly, I have had enough of their harassment and threats and I want to fight back, so please what, if anything, can I do to cause them maximum aggravation? I fully intend to send them the letter to stop the door step collection threats that they love to make.

 

I should also like to say that I fully intend to honour this debt - I borrowed the money therefore I should repay it. This is the last debt that I have left to settle after my xH ran off and left me 30k in the sticky stuff.

 

Any advice would be gratefully received, thank you.

[beetzart]

Please don't worry too much. BLS chased me for greater payments for a while so I sent them a CCA request (which is what I would advise you to do if you haven't already). They are also LloydsTSB's inhouse collection monkeys and could never supply me with a CCA, it has now been passed to Apex over a year later!

 

A letter for the CCA should be in the templates section.

 

All the best.

[kurvaface]

Send the telephone harassment letter too.

 

I found that LLoyds have a habit of telling you one thing on the phone and doing another. Get everyhting in writing.

 

It will be worth doing a subject access request and asking for the transcripts of the calls with their collection centre. If it't the one in Hove, they record all calls so there will be no reasion for them not to do this.

 

Then you have proof of the arrangement you made.

[jc1234]

Thank you beetzart, I wasn't sure if a letter for the CCA would be appropriate in my case as I do not believe one exists. I took out the loan to cover mortgage arrears and did so by telephone. I particularly remember them telling me I was a preferred customer and would I like to borrow more than I was asking for, which to my shame, I did. I don't think I actually had to go in to the branch to sign anything.

 

Thank you too kurvaface, I haven't been harassed by telephone as I luckily never gave them my number. As to the subject access request, this may sound silly, but is it ok to send cash rather than a cheque - I don't want them to have any more information about me than they already have!

Edited December 10, 2009 by jc1234

[beetzart]

I would send of a CCA request if it was a loan. It took them a year to find mine and I witheld payment. When did you take the loan out? If it was before 2007 then you may be ok, but I'm sure someone with a bit more knowledge will be along soon.

[PGH7447]

Thank you beetzart, I wasn't sure if a letter for the CCA would be appropriate in my case as I do not believe one exists. All the more reason to send one then I took out the loan to cover mortgage arrears and did so by telephone. I particularly remember them telling me I was a preferred customer and would I like to borrow more than I was asking for, which to my shame, I did. I don't think I actually had to go in to the branch to sign anything.

 

Thank you too kurvaface, I haven't been harassed by telephone as I luckily never gave them my number. As to the subject access request, this may sound silly, but is it ok to send cash rather than a cheque - I don't want them to have any more information about me than they already have!

 

cca them, show them you will not be bullied

[jc1234]

I think the loan must have been taken out in 1997 or 1998, but certainly before 2007. Also, when I send the CCA request, all I have for BLS is a PO box number that I understand gets re-routed to LTSB, so do I send it to the PO box number or direct to LTSB so that I can also send it recorded delivery?

[PGH7447]

send it to bls, but send it recorded anyway, they will get it, and if you want to make doubley sure add payment enclosed across the top of the envelope, they will wet themselves trying to open it, only to find the payment is a £1 cca fee:D

[jc1234]

lol PGH7447 that is so funny!! I am actually starting to enjoy the idea of tormenting them! Thanks so much to you and the others for the help and support. I am now going to send them a letter requesting the CCA with 'payment enclosed' in big bold letters on the envelope, the subject access request, and the letter telling them never too darken my doorstep. It feels good to fight back!

 

Sorry - one more quick thing - regarding the SAR, do I send £10 with the request or do I wait for them to ask for it - I understand that they can charge 'up to a maximum of £10 per request' so is the fee discretionary then?

Edited December 10, 2009 by jc1234

[kurvaface]

I would send it with the request.

 

If you ring the DSAR unit at lloyds bank, they will tell you where to send it to.

[jc1234]

Thank you all. I shall let you know what happens. Maybe it will be of use to someone else as well. This forum is great

[kurvaface]

Good luck:)

[emandcole]

Hi JC1234,

Welcome to the site. Pleased to see you are adopting a responsible approach to a debt as here on CAG we do not encourage reckless financial activity, we merely insist that creditors abide by the same rules and regulation they expect us to abide by .

 

Absolutely correct to issue a CCA request, assume you have the template letter to achieve this. Very important advice for you, apologies if you already know all of this:

 

 

• Under no circumstances are you ever to sign any correspondance. Merely initial it in two seperate capital letters.
  

 

• You have no obligation to send any evidence to them that may reveal your signature so do not send any if asked...unlikely with BLS.
  

 

• Do not agree to sign any new agreements or to renew 'old paperwork', it's merely an underhanded trick to excuse their own failings.
  

 

• Keep it all in writing, there is nothing they have to say that cannot be put in a letter. Anything you send keep a copy of and send recorded. Print off proof of delivery when/if Royal Mail update their web service to show a signature. Keep records of everything you do along with recorded delivery numbers.
  

 

• Best to use a postal order for the CCA and for the SAR fee. Keep them seperate also.
  

Have to say, if the agreement is that old I'd be very surprised if they can provide anything other than a copy of a microfiche file. Even with that I'd also be surprised if it has been drafted correctly. If they threaten anything let us know, we'll advise from there and if they start playing silly buggers you can report them also.

 

Keep us all posted and any questions bung them on. As they're a bank and do everything perfectly without fault I'm sure they'll be able to co-operate fully with all documentation present and correct .

[kurvaface]

Emandcole is correct about your signature.

 

One has to sympathise with large organisations like lloyds for it is rumoured that mistakes happen with signatures accidently ending up on bits of paper that also have contracts on them:eek:

 

To help Lloyds bank, and to prevent themselves accidently placing your signature somewhere it wasn't, don't send it.

 

They may try to say they need your signature to identify you, however, you can point out to them that thay have been corresponding quite happily with you at your present address so that would be pointless.

[jc1234]

Thanks so much emandcole, it has been wonderful to find such support in this forum. I am actually now looking forward to taking these people on, and they have brought it all on themselves! I am particularly looking forward to their diappointment to the envelope marked 'payment enclosed', I feel it will be a Kodak moment!

 

Since I found myself with this albatross of debt around my neck - trust me to have a good credit rating and an xH with a beneath the floor rating - I have tried to tackle it head on, and have helped others to do so too. I immediately contacted all my creditors - with just 1 salary coming in I could not meet obligations - and out of all of them my bank manager was the most helpful - probably because I went to him straight away.

 

Anyway - thanks all - once again.

[emandcole]

[jc1234]

I've found a website that lists creditors and the collection agencies and solicitors they are linked to. I wondered if this would be useful to people and if it would be ok to post a link to this site even though it is one of those 'pay me lots of money and I'll sort your debts for you' ones! (Payplan.com)

[jc1234]

I have had a further letter from BLS saying that my payment plan has now expired (there was no end date to it), and that if I do not increase my payments, my account will fall into arrears. Needless to say I am not giving the leter the time of day, and am still waiting to hear their response to MY letters.

[Seminole]

I've found a website that lists creditors and the collection agencies and solicitors they are linked to. I wondered if this would be useful to people and if it would be ok to post a link to this site even though it is one of those 'pay me lots of money and I'll sort your debts for you' ones! (Payplan.com)

 

If I remember correctly Payplan are one of the good guys. Along with CCCS they don't charge.

[disgruntled2007]

Hi jc1234. I am in a very similar position to yourself and have had my first letter from BLS regarding a loan. Whilst not wishing to hijack your thread, I thought my reply to them may be of some interest.

 

Dear BLS Collections,

 

Ref: ********************************************

Thank you for your letter dated 18th December 2009. I trust you all had a peaceful and worry free Christmas.

 

I note that you are a trading name of Lloyds TSB Bank plc (LTSB), and as such, will no doubt be aware that your fellow LTSB employees at the Brighton Collections Centre are in receipt of my latest written communication regarding this matter.

 

To this end, I consider the despatch to me of threatening letters whilst I am still in discussion with Brighton to be nothing more than harassment.

 

For the purpose of absolute clarity please be advised I will not discuss this matter over the telephone with anyone under any circumstances, and will only enter into written communication. Any attempt to contact me via the telephone will be considered harassment and will be dealt with accordingly.

 

I am of the view that any harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will likely be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

Furthermore, with regard to your threatened intention to arrange a “personal visit”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have absolutely no intention or desire to make such an appointment with you.

I would remind you that there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; e.g. the postman and people asking for directions etc

(Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.)

 

Therefore take note that I immediately revoke license under Common Law for you, or any of your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and I will be “forced” to take action including, but not limited to, police attendance.

 

I trust I have made myself absolutely clear.

 

Should you have any difficulty understanding the legal implications of my assertions I would strongly advise you pass this letter to your Legal Department before you take any further action whatsoever.

 

Faithfully,

 

 

I print my name here in bold six times to form a background and sign over that......

Edited December 29, 2009 by disgruntled2007

[babybear39]

Nasty bunch, watch out for ****, their 'pet' solicitors

[disgruntled2007]

Nasty bunch, watch out for ****, their 'pet' solicitors

 

I have thoroughly enjoyed playing with **** over my bank charges claim.......

[jc1234]

Hi Disgruntled, I am sorry to hear you too share my plight, please feel free to share this thread too, it will help us both!

 

I am now waiting on a response to my SAR and CCA - I have a copy of the signed POD. I shall be very interested to see if I get another automated threat-o-gram in the meantime!

[disgruntled2007]

Thanks, JC. I look forward to the next instalment!

[jc1234]

I have now received the following letter from LTSB and am rather confused:

 

'Re: Unknown card number

Thank you for your recent letter.

Unfortunately we have not received enough details from you to find and process your request. Please resend your letter with your up to date home address, any previous addresses and card number/s. Lloyds TSB Credit Card numbers contain 15 or 16 digits.

If you would like to make a request pursuant to section 78 of the CCA please write with appropriate authorisation to blah blah.

I hope I have now clarified our position. If there is anything you're not sure about please get in touch and we'll be happy to look into it for you.'

 

I am confused as to the tactics here. I quoted their reference number that they have been using to accept my money by standing order and on letters containing various threats, and now they say 'unkown card number'. It's not a credit card - it was a LOAN.

 

Any advice as to what to do now would be greatly appreciated as I now have my £1 postal order back as well!

 

Many thanks.