LTSB CC - Now "Debt Managers" are threatening legal action - advice needed please

[Staichey]

Hi all.

 

Got a letter this morning from Debt Managers Ltd (Edinburgh) regarding my LTSB Credit card. It reads:

 

"NOTICE OF PROCEEDINGS - PURSUANT TO THE COUNTY COURT ACT 1984

 

Despite our earlier correspondence relating to your debt to LloydsTSB in the sum of £1758.99, we have not recieved payment in respect of this debt.

 

We therefore give notice pursuant to the county court act 1984 tat proceedings to recover this debt together with solicitors fees and costs may be instigated in rotherham county court

 

Details of any judgments obtained in relation to this debt may be supplied to credit referencing agencies and may impede your ability to obtain credit in the future

 

Should you wish to avoid this action, IMMEDIATE payment of the full outstanding sum of £1758.99 should be made payable to debt managers and sent to the above address

 

Should you have any queries relating to this matter or an alternative method of payment, telephone our recoveries department on 01709 ******"

 

*end of letter*

 

It isnt signed if that makes any difference?

 

I dont know what to do now to be honest. I did intend to go for the unenforcable CC agreement a while back but (embarrassingly) I never got round to it

 

I did just see a template letter about not acknowledging the debt if it is over 6 years old, but I may have made a payment sometime last year (though I cant confirm this, as I have shredded loads of documents and must have done CC statements too)

 

In its simplest form: I dont have £1758.99 to pay this debt. I dont have anything that is worth that much either. I do have a job now after being out of work for nearly a year, but its taking me ages to build up a head of cash, as my site is currently suspended until the weather clears up

 

If anyone has any advice on what my next step should be, I would be very very grateful,

 

Many thanks,

 

Staichey

Edited January 19, 2010 by Staichey

[42man]

First thing is to send off a CCA request which you can find here - you must send this recorded with a £1 postal order and do no thand sign it - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

As for the 6 years well if there is a gap of 6 years at ANY time in the life of the debt where you have not acknowledged it then it will still be statute barred even if you have made payments recently.

[maroondevo52]

Hi,

 

How old is the card, are there any charges you could re-claim.

Send Lloyds a CCA request now...............

 

The Consumer Forums

 

 

Edit: snap, 42man, you must type faster than me

 

Regards.

 

Scott.

[Staichey]

Thank you VERY much guys. Printing a CCA request as I type! I will send it to the debt collection agency as they have said (in previous correspondence) to deal direct with them, and there is a provision in the CCA letter for them to pass on my request to Lloyds should they feel the debt is not owned by them.

 

As for the 6 years, Im not sure when I last had any written correspondence to them, though I have made phone calls last year. Mainly complaining about the £758.99 charges they have piled on top of my £1k limit.

 

The card is now 8 years old, they sent it to me unsolicited just after my 18th birthday, along with a letter that just had a "ring this number to activate this card" on it. I never applied for this card, and though it was a long time ago, im certain I never signed and returned anything to the bank regarding this card at the time I got it.

 

thanks again, you've lowered my blood pressure!

 

Staichey

[nuke em]

send them this !

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240705-being-bothered-debt-collectors.html

[Staichey]

haha nuke em, like it! I have just jogged round to the post office and sent the CCA though, as although I dont want unsolicited letters etc, I do want to tie this matter up with minimum of fuss.

 

I'll definately send that letter if they carry on pursuing me in the future though, thanks!

[themagician]

Hi all.

 

Got a letter this morning from Debt Managers Ltd (Edinburgh) regarding my LTSB Credit card. It reads:

 

"NOTICE OF PROCEEDINGS - PURSUANT TO THE COUNTY COURT ACT 1984

 

Despite our earlier correspondence relating to your debt to LloydsTSB in the sum of £1758.99, we have not recieved payment in respect of this debt.

 

We therefore give notice pursuant to the county court act 1984 tat proceedings to recover this debt together with solicitors fees and costs may be instigated in rotherham county court

 

Details of any judgments obtained in relation to this debt may be supplied to credit referencing agencies and may impede your ability to obtain credit in the future

 

Should you wish to avoid this action, IMMEDIATE payment of the full outstanding sum of £1758.99 should be made payable to debt managers and sent to the above address

 

Should you have any queries relating to this matter or an alternative method of payment, telephone our recoveries department on 01709 ******"

 

*end of letter*

 

It isnt signed if that makes any difference?

 

I dont know what to do now to be honest. I did intend to go for the unenforcable CC agreement a while back but (embarrassingly) I never got round to it

 

I did just see a template letter about not acknowledging the debt if it is over 6 years old, but I may have made a payment sometime last year (though I cant confirm this, as I have shredded loads of documents and must have done CC statements too)

 

In its simplest form: I dont have £1758.99 to pay this debt. I dont have anything that is worth that much either. I do have a job now after being out of work for nearly a year, but its taking me ages to build up a head of cash, as my site is currently suspended until the weather clears up

 

If anyone has any advice on what my next step should be, I would be very very grateful,

 

Many thanks,

 

Staichey

as you can see when you read it ,theres alot of we mays in there! there again we may not.( they missed this one out)

typical thretogram from the low lifes.

your in caggers country now sit back enjoy the fight!

[RedVixen]

I got this with Lloyds and Debt managers including one that said we WILL start legal action if you don't play ball - i didn't and they passed it back to Lloyds I haven't yet heard of anyone except **** instigating legal action on behalf of Lloyds it all seems to be hot air form DCAs

[Staichey]

I got this with Lloyds and Debt managers including one that said we WILL start legal action if you don't play ball - i didn't and they passed it back to Lloyds I haven't yet heard of anyone except **** instigating legal action on behalf of Lloyds it all seems to be hot air form DCAs

 

What heppened in your case? did you send the CCA letter etc and get it annulled?

 

Unfortunately I have dealt with DCA's once before (moorcroft) and they all seem to be useless hot air merchants.

[RedVixen]

No I didn't send a CCA I already knew that the one Lloyds has is as far as I know enforceable - it just went back to Lloyds and Lloyds haven't done anything with it yet - I really aught to chase up suing for harassment given the empty threats I got and letters purporting to be from solicitors that were clearly not - just headed paper for sale jobs

[Staichey]

I didnt think of the suing angle. Might have to do that to Debt Managers when this is all cleared up with Lloyds, seeing as they have sent me several threatening letters now....

[RedVixen]

I think you need to have a strong argument for the harassment cases but in the case of Lloyds they seem to think that they are above OFT guidelines and so on I am not quite sure how I am going to appraoch it but Debt managers are particularly vile yet impotent

[Staichey]

Hello again, update to this story:

 

I sent the CCA recorded delivery on the 8th and recieved a reply from "Debt Managers" dated 13th which is simply a sheet of paper with some tick boxes on (such as "your letter has been forwarded to our client, etc.) and the one they have ticked is

 

"Other, we have requested a copy of your signed credit agreement and will revert to you once this has been recieved"

 

So im waiting...

 

in the meantime I recieve a letter dated 14th Jan from "Russel Aitken solicitors" threatening legal action and county court proceedings etc. (I will tye the letter out in full if it is of any use or help)

 

So... In my view, they know they wont be able to produce the goods, so they are threatening me in the hope I will pay up....?

 

Should I follow up the Russel Aitken letter or wait for my signed CCA to arrive?

 

Many thanks

[themagician]

Hello again, update to this story:

 

I sent the CCA recorded delivery on the 8th and recieved a reply from "Debt Managers" dated 13th which is simply a sheet of paper with some tick boxes on (such as "your letter has been forwarded to our client, etc.) and the one they have ticked is

 

 

 

So im waiting...

 

in the meantime I recieve a letter dated 14th Jan from "Russel Aitken solicitors" threatening legal action and county court proceedings etc. (I will tye the letter out in full if it is of any use or help)

 

So... In my view, they know they wont be able to produce the goods, so they are threatening me in the hope I will pay up....?

 

Should I follow up the Russel Aitken letter or wait for my signed CCA to arrive?

 

Many thanks

i would wait until the 12+2 days for the cca has exspired then send the dca the acc in despute letter very quickly indeed.

then notify the solicitors that it in despute!

[Crazy fella]

I just recieved an exact same letter today from DM ltd. From reading this post it looks like this company does the walk as well as the talk. Im going to send a CCA which i have already done once. Sent recorded delivery - and they state they have not received it. Anyway - so i will try again. But i can see a solicitors letter on the way from them again just like "Staichey". Bit of a concern. I was wondering - whats the latest on this so far Staichey - did u succeed in holding them off ? i was also wondering if - offering them a £1 a month would keep them off my back. I owe £6202 to Cahoot. I have offered them £1 a month - never accept it. this is the 3rd debt collection company to try it, but they seem much more eager .