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    • Yes I understand that, my point is why is the account still be reported on 6 years after the default date has passed regardless of the SB date.   The default expired 4th November, Cabot put a query on the account the 7th November so it is still showing in my history, my question is why are they doing it?        
    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
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jc1234

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

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Thanks again babybear39!

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I have had a letter out of the blue from Halifax with whom I have a credit card saying 'Following the most recent review of your HBOS and external credit bereau records, in line with our commitment to responsible financial lending we have reduced your credit limit to £500 and your account will be closed at least 30 days after you have received this letter.'

 

I could well understand them wanting to close the account - I barely use it and if I do I repay it straight away - I have learnt my lesson!! I am confused as to why they were happy 2 or 3 years ago to give me a credit card with no trouble and the most ridiculous credit limit, and now suddenly have decided I am uncreditworthy. As far as I am aware, my credit records have not altered in this period, at least not downwards. My concern is that LTSB have been spreading school playground whisphers to HBOS. It is strange that HBOS specifically offered me a pre-approved loan just last week when all I wanted was a replacement PIN for a websaver account.

 

Any advise on this would be greatly appreciated before I telephone HBOS to ask just why thay have sent me this letter. If LTSB have been tale-telling to HBOS, are they actually allowed to do this?

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Impossible to say really but I think you should check your credit record asap.

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If you have credit facilities that you don't use some financial institutions withdraw them.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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The weird thing is, I did use the card a couple of months ago, for the reason that if I didn't use it, they would withdraw it. It is the mention of the reduction in credit limit and the implication that they are doing this based on my credit record that is concerning me.

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I have just checked my credit report and everything is 'Satisfactory' or 'Settled' with no defaults at all, so that is something at least!

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It's like a lot of things in life, if you don't use it you lose it ;)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I have just had a reply from OFT as well, it is coming thick and fast today! They say they are very sorry to hear of the difficulties I have been experiencing but they have no authority to become involved in individual disputes blah blah, but if I would please sign the enclosed consent form which they may send on to LTSB however they cannot disclose when or any details about any action they might take due to legal restrictions.

 

This is the first time for me, dealing with OFT, and whilst I expected such a reply, should I sign the consent form? If it causes aggravation for LTSB I am all for it!

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You should sign the consent form as this gives the OFT written permission to use the evidence you have given in your complaint.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Thanks again for your help babybear39, I will get that sent off - every little helps I suppose!

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:eek: Watch out, that well known supermarket may complain that you're using it's catchphrase lol...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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You say that in jest but a certain well known telecoms company threatened to take my OH to court for using their logo on his website which was actually promoting their product lol

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DCAs an OCs read these threads as well ;)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I am now in receipt of a letter from LTSB saying that they are sory I have some concerns and assuring me that my complaint is getting the attention it deserves. They expect to complete their enquiries and provide me with an answer within the next 4 weeks, but they will try to do so sooner.

 

Then I opened another letter from BLS - a 2 pager this time, they really mean business. They are assuming that I have no intention of paying this debt on a voluntary basis apparently - not sure what those standing order payments are all about then. If I do not telephone BLS on the above number within 14 days, I will force them to commence legal action against me, blah, blah, threat, blah.

 

'If you wish to make a payment today by using either your Debit or Credit card then please contact us on the above telephone number.'

 

My plan now is to wait for the court summons to arrive some time after May 18th and let them take me to court. They obviously think I have carried through with my 1st letter and that I have stopped payments, but as yet, I have not cancelled the standing order, so haha, ya boo suks to you BLS.

 

On a serious note, all comments and opinions on this would be greatly welcomed.

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'If you wish to make a payment today by using either your Debit or Credit card then please contact us on the above telephone number.'

 

Asking you to pay on your credit card then :rolleyes:? Do they never learn?


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Report them to TS and the OFT via consumer direct.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I have already reported them, although I have heard nothing back from TS!

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Chase them up :)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Will do - thank you!!

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I have had a response from Consumer Direct, who have apparently referred my complaint to TS, which was what I was trying to do in the 1st place. They also suggested the OFT which I have already done, but they really are not interested. Why do we have these bodies when they are so unwilling to do anything? I'm pretty sure they would go after a one man band all guns blazing but a huge financial institution with lawyers - forget it, far too much trouble.

 

On another note, I have had a further letter from LTSB saying they are unable to accept my complaint. They confirm that they are unable to provide a copy of the credit agreement as this was so long ago - I actually agree here that this is not unreasonable. They also state that as I have made payments to reduce my borrowing for all this time, that means that I accept ownership of the loan.

 

Furthermore, apparently there is nothing to say that the repayment agreement was set for the life of the debt (so there is also nothing to say it wasn't then?) so they do not agree that the payment agreement was not time limited. Recently CDR (this is a new one on me - can anyone enlighten me please) has been writing to customers who have been repaying their debts at the same amount to inform them their payments are being increased.

 

BLS increased my expected repayments by 37.5% and because they didn't hear from me, put my account into arrears - bless.

 

Her is a direct quote; 'I am sorry to learn that you are unhappy with one letter asking for full repayment by credit or debit card however, I cannot understand why you feel this should be reported to the OFT.'

 

They go on to say that it is not possible for a postal order to be sent to me rather than a cheque in refund of the payment I sent that was cashed - hmmmmm so why do I have a letter and postal order saying sorry, here is a postal order as a refund. LTSB contradict themselves with everything they send.

 

Finally LTSB kindly clarify the situation for me. They say that my agreement to pay £X per month is no longer valid and I will need to get in touch with BLS and negotiate with them how much I can afford each month. To assist me LTSB have waived the arrears that have built up over the last few months. Increased payments are expected from May 2010, I am now on a 6 month review and may be contacted about the amount I am paying in future. If they do not hear from me by 29th June they will assume I am happy with what they have told me and close the file.

 

Well - their letter was dated 4th May and not received until yesterday, so unfortunately my May payment has remeined at the same value as there was no time to change it, so accoding to their rules, I will already be in arrears.

 

I should be very, very grateful for advice on how to respond to this one. Thank you all in advance.

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They confirm that they are unable to provide a copy of the credit agreement as this was so long ago

 

That would be their problem not yours. As this is the case how can they:

 

  • Confirm you gave any permission to report you to CRAs?
  • Apply interest?
  • Apply penalty charges?
  • Change interest rates?
  • Ask you for payment when you might have paid it off already?

The list goes on and on. As for them adopting the old 'you had it, you pay for it' nonsense that won't stand up in court.

 

This is not a moral issue, it's purely business. The same business they use to accept taxpayers money for bail outs, the same business they use to repossess homes, the same business they use to inflict poverty on those who can't keep up with their little games.

 

No agreement, no payment. Demand they remove all credit file entries as they can't prove you ever gave permission. This really is a simple one and personally I'd move to ensure they don't take advantage of you.


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Thank you for your advice emandcole. There is actually nothin on my credit file regarding this, which I was surprised about. They are however quoting when the loan was taken out, when it was closed and referred to debt recovery, also the balance at that time, the only thing they don't have is the credit agreement which I am pretty sure never existed, that it was all done over the telephone. I do pretty much remember the call as I was only after £x amount and they offered me more which my exH couldn't wait to get his hands on......

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I have just had a wonderfully informative chat with TS, they have given me some good advice that may be of use to others too.

 

I am to write to BLS and request a copy of the Notice of Assignment which TS believe should have been signed at the time by a judge. I shall request that this is provided within 14 days.

 

The main message from TS was I have not done anything wrong. I am paying the debt and have never missed a payment. I am to copy all the documentation I have, write a brief covering letter and send to the Financial Ombudsman. This may or may not do any good, but certainly will not do any harm.

 

Also, TS confirm that LTSB/BLS should NOT be encouraging payment of a debt by incurring more debt that will accrue interest and cost you more, just so they can pick up their cash flow.

 

TS also say never to worry about being taken to court, but if you are, make sure you turn up. In my case I have proof that I have been paying and contradictory documents from LTSB.

 

I shall now be writing to BLS and LTSB requesting a copy of the Notice of Assignment. TS say that proof of postage only is accepted by a judge as it is deemed likely to have been received by them, so that clears up the PO box problem! I shall also mention my conversation with TS and the fact that they should not be encouraging me to increase my indebtedness by paying by credit card. I shall update when I next hear from them.

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I have just had a wonderfully informative chat with TS, they have given me some good advice that may be of use to others too.

 

I am to write to BLS and request a copy of the Notice of Assignment which TS believe should have been signed at the time by a judge. I shall request that this is provided within 14 days.

 

The main message from TS was I have not done anything wrong. I am paying the debt and have never missed a payment. I am to copy all the documentation I have, write a brief covering letter and send to the Financial Ombudsman. This may or may not do any good, but certainly will not do any harm.

 

Also, TS confirm that LTSB/BLS should NOT be encouraging payment of a debt by incurring more debt that will accrue interest and cost you more, just so they can pick up their cash flow.

 

TS also say never to worry about being taken to court, but if you are, make sure you turn up. In my case I have proof that I have been paying and contradictory documents from LTSB.

 

I shall now be writing to BLS and LTSB requesting a copy of the Notice of Assignment. TS say that proof of postage only is accepted by a judge as it is deemed likely to have been received by them, so that clears up the PO box problem! I shall also mention my conversation with TS and the fact that they should not be encouraging me to increase my indebtedness by paying by credit card. I shall update when I next hear from them.

 

Has BLS actually been assigned the debt absolutely? I suspect this is merely an equitable assignment meaning that there will not be a NOA. If BLS confirm they own the debt then sure, ask for both the Notiice and evidence of the Deed of Assignment too.

 

I strongly suspect however that BLS are merely collecting this debt and as such do not actually own this account. You'd need to clarify the relationship between LTSB and BLS.


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Thank you once angain emandcole, your help has been invaluable :)

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