Allied International - Lloyds

[Damselfish]

Hi,

 

This is a great website and I hope you can help me.

 

I have had a debt with Lloyds, which I have been paying off. £6k debt, currently paying £20 per month. Lloyds have said for several months that whilst this was too low an amount for their usual system to accept I should keep paying and they would move the account to their consumer debt department, who could accept lower payments. I kept paying. Suddenly yesterday I received the yellow peril from Allied International telling me the full amount was now due immediately or else! I have previously CCA's LLoyds and they have the original.

 

I called AI, something I won't do again, and they were the most obtuse, rude, harrassing organisation I have had the displeasure in dealing with. I called Lloyds and asked what on earth was going on as a week ago all was fine. They told me that AI should not be saying what they were saying, that of course I could only pay what I could afford and I should speak to AI again to get culprit names. They also told me that unfortunately they could not help as the debt was no longer with them. I want to try and make them take it back because they are far more reasonable!

 

AI said I had 48Hrs, ie Monday to come up with the money otherwise he had a Final Demand letter waiting! I should make a 'positive move' - although when I asked what that meant he refused to tell me! When I asked what would happen if I couldn't pay he accused me of trying to find loop holes and avoid payment! He wants me to remortgage and sell my car - not going to happen! He has also said that no matter what evidence I provide in terms of proof of earnings and expenditure there is no way he is accepting £20 per month and I need to do more to clear this debt!

 

I am left still now incredibly upset and angry that there are companies out there that can so flagrantly break the law, bully and harass, not to mention being upset from the calls themselves.

 

My plan is to refuse to speak to AI anymore, to only communicate in writing, which scares me as he will simply start legal action if I don't call on Monday. I could CCA them but from what I have seen on here they will ignore it anyway and as I have CCA'd LLoyds already it seems pointless. I am planning on talking to Lloyds again and getting them to take my account back, OFT, Financial Ombudsman, TS in Glasgow and possibly even the press. I want to take this company down!

 

Please can I have some advice as I only have 48hrs!!!

 

I could also preempt their next letter threatening doorstep people etc with the template letter about that and phone calls.

 

Thanks

[The Cappuccino Kid]

Hi,

 

I'm a newbie here myself but didn't want to read and run.

 

I am left still now incredibly upset and angry that there are companies out there that can so flagrantly break the law, bully and harass, not to mention being upset from the calls themselves.

 

It is distressing but ultimately that's all they can do. They rely on bluster and bullying. So, no more phone calls. If they phone you, don't pick up. If you do by mistake, refuse security.

 

Are you in Scotland? I ask because of your comment about TS in Glasgow. If so, be aware that the standard trespass letter is not applicable as it quotes English law.

 

So, he has a Final Demand "waiting". More bluster.

 

Has Lloyds sold the debt or are AI collecting on their behalf.

 

Oh, and again, no phone calls!

[MorganaNK]

AI are all bark and no bite... please don't let them stress you out... and obviously, don't speak to them on the phone again...

 

Did you get to see your CCA? Was it enforceable? They can take all the legal action that they like, but if you have been making payments then a judge would laugh their asses out of court. Also, a judge will never make you pay more than you can afford... so if they did take you to court it wouldn't be a bad thing...

 

Someone far more knowledgeable will be along to help you soon... but don't let the "bar stewards" get you down!

[Deb T]

Just pay what you can afford, £20 is what you were paying, a trick for DCA's is to switch things around . deny paperwork sent, adjust terms to suit themselves.

 

My advice would be to continue paying the £20 and cease oral contact with any collection agency Lloyds may wish to throw at you. In regards to AI's 'positive' move, £20 payment is positive isn't it? You're showing willing, you're making payment and you're keeping up with your agreement with Lloyds etc.

 

Don't be bullied, AI will try to intimidate you but you've got CAG as your resource which is infinitely more than what they have to hand.

[Pinky69]

You have learned the hard way never to speak to DCAs - everything in writing. AIC have no power to do anything whatsoever - they are all wind. Only a court can ask for an I&E - AIC have no right to ask for one - and make you pay anything and AIC are standing by with their big frightening Final Demand - big deal. You are in charge of this, not them, and you will decide what gets paid and they will have to like it or lump it. If they are only collecting for Lloyds they cannot take court action - only Lloyds can.

 

You say Lloyds have the original but is what they sent enforceable? Have you had it checked? Scan it onto here and we will take a look at it and see if it is enforceable. As for AIC and their meaningless deadline of Monday, forget it and don't worry about it. Monday will come and go and AIC will be still making empty threats on Monday and every other day of the week.

[MorganaNK]

Their Monday is like the Friday that never comes with another DCA (dealing with so many I can't recall which one!)...

 

"We will call/visit you on Friday"

 

Been nearly three months of Fridays now and I am still waiting!!!

[Damselfish]

Hi,

 

Thank you everyone for your support and advice.

 

I am in England, but I believe AI are in Scotland and I was under the impression that we had to report a company to the TS nearest them, not us?

 

Right my plan of action this weekend:

 

1. Write a CCA letter to AI, and a letter saying no more phone contact, only written. I will also send in the same letter a pre-emptive strike across their bows in the form of the letter denying them access to me without a court order, ie no doorstep people. I will put draft letters on here first to see if they are ok!

 

2. Scan and post the CCA that Lloyds sent me onto here.

 

3. Write to Chairman of Lloyds and complain about their association with AI and my accounts transferral. I will ask/demand to be returned to Lloyds. So far they are telling me that they no longer have jurisdiction with the account and can do nothing. Although I can still complain to their complaints department.

 

4. On Monday I will also complain about AI to the Financial Ombudsman.

 

How does that sound as a plan of action?

 

On a slightly different point, I pay £20 a month as said but AI have said I can't pay Lloyds anymore, I have to pay them - fine, but they won't give me the bank details as I have not been through the process yet and they have not accepted my offer! He also said in the same sentence that I should continue paying the £20!!! So, do I simply keep paying Lloyds? I guess I have to, but he said I would default and get charges if I paid Lloyds and not them! AArrgghh!

 

Anyway, thank you I am a lot less stressed than I was first thing this morning and yesterday. He was really trying to decimate my character yesterday, which was not particularly enjoyable!

 

No more though, I will not speak to him again, the thought makes me feel physically sick anyway!

 

Thank you!

[Damselfish]

Hi,

 

Here is a copy of the letter I plan to send to AIC. In the template it didn't mention saying the line about this being an alleged debt that I don't accept without the CCA, should I put that line in?

 

I was also wondering whether it was advisable to see whether the CCA is enforceable before I write to the chairman of Lloyds. I have drafted a letter, which I will attach, but I wondered if in sending that I am saying that the debt is enforceable, or does it not matter if the CCA is wrong!

 

I have found the CCA that Lloyds sent me, which was signed in 1996, so I will black out the personal details bits and scna it in here for you to have a look at please!

 

Here is the letter:

 

This letter is a formal request pursuant to s.78 (1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 (6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5 (2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance.

In addition please be advised that I will only communicate with you in writing. After our phone conversation last week, which I deemed to be personally harassing I have been advised not to communicate via telephone.

If you continue to 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 be liable to a substantial fine.

Be advised that any telephone calls from your company will be recorded and all dates and times of such calls logged.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; 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 revoke license under Common Law for you, or 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 action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

 

Thank you

[Damselfish]

Hi,

 

Please find attached the scanned original CCA sent by Lloyds to me. I will be requesting same from AIC, as they may not have it and it's at least a delay whilst I see whether it is even enforceable!

 

Please can you have a look at see whether it is enforceable? It was frm 1996 which makes me wonder, as from what I have read, many from before 2006 are not. But, lets see!

 

Thank you all soooooo much!

[Damselfish]

Hi,

 

Sorry everyone - I can't seem to upload the scans. I am pressing on the manage attachments button and nothing is happening. I have ensured pop-up blocker is turned off and still nothing. Anybody got any ides or a different way of doing it?

 

Thanks

[Damselfish]

[Damselfish]

Sorry still trouble uploading scans!

[Guest]

Sorry still trouble uploading scans!

see post 15 http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[HOWLER]

go thru photobucket

if i can do it so can u

[Damselfish]

Hi,

Right the problem seems to be wth firefox! So , using IE I have now attached the scans! Please would somebody mind having a look at them for me and letting me know.....

 

Thank you very much.

[Guest]

too small!

[Damselfish]

Ah, they are full size scans! How do I upload and prevent the system from shrinking them?

[Deb T]

You need to link to them on Photobucket rather than upload them as an attachment to consumeraction etc.

[Damselfish]

Ok, I will do that a bit later, sorry and thank you.

 

I posted the letter to AIC today though, rec del.

 

If the CCA turns out to be unenforceable I will write to Lloyds saying such and wait for AIC to respond to my letter and then tackle them when I know!

 

Thanks

[Damselfish]

Hi,

 

I have uploaded to Photobucket - yey!

Here is the link: Image hosting, free photo sharing & video sharing at Photobucket

 

I wait with baited breath to see if it is enforceable!

 

Thank you all very much.

[Pinky69]

It's a badly faded microfiched copy of an application form. Is that as clear as it is because if it is all copies of documents must be "easily legible" and this isn't. It is hard to read sideways but I couldn't see any reference to a credit limit - and which of the interest rates applied to your card? Take your pick. There is nothing that links the Terms and Conditions to the application form. In my view this would be unenforceable.

[Damselfish]

Hi,

 

I have changed the aspect, so maybe easier to read? So assuming that it isn't legible, it is a scan of what they sent me, there is no interest or credit limit mentioned - what do I do next? Is there a standard letter?

 

Thankss

[Pinky69]

The reference to a credit limit in Section 6 of the terms fulfills the prescribed term for a credit limit BUT the interest rate is not clear there is no linkage between the Terms and Conditions and the application form that proves the Terms and Conditions were attached to the application form. The prescribed terms - credit limit, interest rate and repayment schedule must be in the same 4 corners (not necessarily on the same page but in the same section) as the signature box and they aren't.

 

There is nothing more for you to do - least is best. You have sent the Account in Dispute letter and that is all you can do. Now you must wait to see what happens. AIC won't hang around long - they don't like hassle. If it is passed to another DCA then it is the Account in Dispute letter to the DCA's Complaints Department and a letter to the OFT reporting them for pursuing an alleged debt in pursuit.

[Damselfish]

Thank you. So, just to be absolutely sure I do this right..! I shouldn't write to Lloyds telling them that the CCA is unenforceable? I haven't written to AIC saying that, only to ask them to produce one. Should I still pay? My inclination is to keep paying Lloyds, but as I don't have payment details for AIC I can't pay them! But, is keeping paying disingenuous to the account in dispute debate?

 

Thank you very much.

[Pinky69]

AIC is acting as Lloyds agent so it is AIC you send the Account in Dispute letter to.

 

POSSIBLE Letter when a questionable agreement/application is sent.

 

You do not have to pay whilst the account is in dispute but it is your choice.