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lombard loan from 2002 still being chased in 2013

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In 2002 I took out a loan with Lombard direct. This was over a period of 5 years and included PPI, which I am now trying to claim back as mis-sold. However I defaulted on repayments when I lost my job and eventually this was passed to a collection agency. I have been paying Intrum Justitia every month for several years and in February this year I had a letter offering a settlement figure, which was far too high and I couldn't afford it. I then decided to ask for a copy of my credit agreement and sent the letter as advised on this forum. this was on 1st March. They replied on 11th March to the effet that they would contact their clients and hold the matter in abeyance until they had further instructions.

 

On 17th March Lombard sent a letter to me asking me to confirm my address and signature as I hadn't signed the request for a copy of my credit agreement. I did not reply.

 

On 23rd March I had a letter from Arden Credit Management referring to a letter I had supposedly had from Lombard dated 8th March. (I never received this letter). the letter from Arden advised me that they were now taking over the account and asking me to fill in a form with personal and financial details. I did not fill in the form but sent a letter advising them that the account was currently in dispute with Intrum Justicia.

 

On 1st april I received a letter from Lombard was was basically a Notice of Sums in Arrears provided in compliance with the Consumer Credit Act. they provided a telephone number for me to call. I haven't called and don't intend to.

 

So now I'm not sure what to do next. Do I just ignore this latest statement from Lombard. I still feel that the request for a copy of my credit agreement has not been fulfilled.

 

Any help or guidance would be most appreciated.

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If they have failed to produce a copy of your agreement send this to Intrum Justica; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Send this one to Arden; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

The Notice of Arrears is nothing to worry about, it is a recent legal requirement that creditors inform you of arrears.


Anthrax alert at debt collectors caused by box of doughnuts

 

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17 Port & Maritime Regiment RCT

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Thanks for the quick and helpful reply. I will send letters off today.

Much appreciated.

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In the letter received from Lombard on 17th March I was asked to confirm my address and sign the letter so that Lombard could process my request for a copy of the credit agreement. They apparently could not do this because the address on their file was different, which is would have been since I have recently moved. However, their letter dated 1st April is a statement of my account, listing all financial details and payments I have made over the last two years. So they can send me all this personal information without being sure that the address is correct or that I am the rightful debtor!

 

Do you think I should point this out to them since I did not respond to their letter asking for confirmation of address.

 

Thanks.

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You shouldn't have to confirm anything and neither should you provide a signature, it is unnecessary and not a legal requirement. If they have previously been in communication with you according to the ico that is adequate, besides they would be in breach of ico guidelines if they had contacted you whilst unsure that you were the person in question.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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If this carries on make a complaint to the ico https://www.ico.gov.uk/Global/contact_us.aspx


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Yesterday 20th April I received a letter from Arden which was identical to the one received on 23rd March. They obviously have taken no notice of my letter to them saying that the account is in dispute and that I had not had a letter from Lombard dated 8th March. Should I just ignore this?

 

thanks

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Ignore for now, your posts might have crossed but if they send a similar letter again re-send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thanks, looking again at the letter from Arden received on 20th April it was in fact dated 23rd March, exactly the same letter as previously sent.

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I have an outstanding debt with Lombard Direct and have been in communication with various DCA since 2008. This debt has been passed around and is now with Arden, although I have never been informed that the debt has been assigned to any of the DCAs who have written to me. I have been taking advice from this forum and have sent off the relevant letters, firstly asking for a copy of my CCA from Intrum Justicia who were the first to make contact.

 

I have never had a copy of the CCA so my understanding is that the debt is in dispute until I receive it.

 

I now have Arden on my back and during the last 2 weeks I have had 4 letters from them. The first was jsut a form for income and expenditure for me to complete and return, no letter with this. The second letter was another form but attached to a letter stating that Intrum Justicia had confirmed that I had asked for a Subject Access Request which was forwarded to Lombard. I did not ask for this not did I send them £10, I asked for CCA and sent £1. Arden say that if I still need this information (SAR) then I must send another request and £10. The 3rd letter states that they have not received the financial questionnaire, this is tru I didn't send it. They also say they will be charging a fee if they have to write to me again.

 

The 4th letter is asking for payment in full or my proposals to pay. So they seem to ignore my correspondence to them which informed them that the account was in dispute with Intrum Justicia, or perhaps they just don't understand!

 

Can anyone advise my next step please.

 

thanks

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Certainly they have no right to be requesting personal financial details from you.

 

Complain to Trading Standards about this latest company, your CCA request is still outstanding and they will continue to ignore you until you act in some way

 

Write to them (The debt collection Agency) and request a copy of their complaints procedure, make sure you head the letter OFFICIAL COMPLAINT, do not sign the letter.

 

You have nothing else to say until they prove their status, ie that they have a right to contact you, that they have a right to enforce the debt and that they can prove your liability for this debt


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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OK, letter going off today as follows - I have taken the info from this forum, hope I'm not sending them incorrect facts.

 

OFFICIAL COMPLAINT

I acknowledge receipt of your recent letters dated 3rd and 4th November.

As far as I am concerned this account is still in dispute with Intrum Justicia and has been since 1st March 2010. As Intrum Justicia are now in default of my Consumer Credit Act Agreement request I consider this account to be in serious dispute, and as you are aware, whilst this request remains in default enforcement action is not permitted. This constitutes a complete defence at law.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on debt collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with Intrum Justicia prior to your first contact with me, and has yet to be resolved. As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an Unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure. I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

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That might work, but you'll have to wait and see. If it's in serious dispute, then fingers crossed!

 

If that doesn't work, however, I'd send a CCA Request to Arden by recorded delivery, don't sign and enclose a £1 Postal Order, marked on the back with "To be used in regards to CCA Request ONLY" or something similar. It's then up to them to chase Intrum Justicia et al. for the relevant documents and to prove that they are legally allowed to collect the alleged debt.

 

As for contact - if you wish, you can send them the no doorstep visits/no telephone calls letters - in my experience with Arden, they do comply with these.

 

You are not obliged to send them an income/expenditure sheet. You could inform them of this, using a letter that I put together, with the help of a draft by Harassed Senior and amend it to suit:

 

Arden Credit Management

PO Box 15276

Solihull

B91 9PN

Date

By Royal Mail Recorded Delivery

Dear Sir/Madam,

Account Ref: xxxxxxxxxx

 

With regards to the above account, your staff have asserted in writing that I am obliged to provide you with a personal statement of income/expenditure in order to put a repayment planlink3.gif into place. This is, of course, incorrect.

 

I have been advised that this 'personal' information is just that - personal.

However, following the insistence of your staff and their claims that an income/expenditure statement is a requirement regarding this matter, I have obtained a Court orientated Income and Expenditure Form, to which, I understand, only a Court and/or Judge can legally have access, and filled in the details required therein.

 

Following the revelations about my financial status that completing this form brought to light, I would like to thank you and your staff for pointing me in the right direction regarding my legal rights.

Please note that I have no intention of avoiding any legally claimed repayments on the above account.

 

I hope that once I have received your full and accurate response to my CCA Request, sent on xx/xx/xx I will be in a better position to further discuss this matter with you and come to a mutually satisfactory arrangement.

 

Until such a time as you are able to furnish me with the correct documents pertaining to my CCA request, I expect no further correspondence from you.

 

Yours Faithfully,

Edited by Halibutt

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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If you sent a previous CCA request and have proof of this, then there is zero need to send another, the first fools who failed miserably to provide the agreement, have made your life a lot easier, all you need do is send any and all future DCA's the serious dispute letter.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yet another letter from Arden - after them requesting my signature before they could send a copy of my CCA, I informed them that this was unnecessary and there were other ways to prove my identity. the letter from them states that this is in fact correct and there is no legal obligation on my part to provide a signature but they insist that they must now talk to me in order to carry out security checks.

 

they go on to say that Lambard have told them that they have called my mobile and been unable to speak to me, (I have changed my mobile), so that may be correct, but they insist that I call Lombard and have given me a number. Once I have called this number they will then send me a copy of my CCA.

 

So what do I do now, I really don't want to get into a conversation with either Lomabrd or Arden, and in fact I thought Lombard had gone under. surely the fact that we are in correspondence proves that I am me, otherwise I wouldn't be answering their letters at all.

 

Any advice would be much appreciated as usual.

 

Many thanks to all.

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You're not obliged to speak to them on the phone.

 

Valid reasons for this would be that you want a full written record kept of any/all dialogue. Anything that they say on the phone should be able to be put in writing.

If they wish to confirm your identity, then you could point out that if your identity is in question, then they have contravened the DPA by putting personal details in writing to an "unproven/unverified home address.

 

I'd re-iterate "In writing only" and stick to your guns. They cannot insist on telephone contact. What if you don't have a phone? What if you were deaf, had a speech impediment, were of a particularly nervous disposition?

 

Good luck!

 

H. x


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Oh, and have Lombard "Gone under"? Would be an interesting development for me if they have...! :)


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Oh, and have Lombard "Gone under"? Would be an interesting development for me if they have...! :)

 

 

Maybe I've got the facts wrong - I did read that Lombard Direct stopped offering loans in August 2009.

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Yet another letter from Arden - after them requesting my signature before they could send a copy of my CCA, I informed them that this was unnecessary and there were other ways to prove my identity. the letter from them states that this is in fact correct and there is no legal obligation on my part to provide a signature but they insist that they must now talk to me in order to carry out security checks. Rubbish, why would you have a need to provide information to a company you have never heard of nor ever done business with? it is for them to prove who they are, not you, if they are unsure that you are the correct person, then they should not be contacting you at all :o)

 

they go on to say that Lambard have told them that they have called my mobile and been unable to speak to me, (I have changed my mobile), so that may be correct, but they insist that I call Lombard and have given me a number. Once I have called this number they will then send me a copy of my CCA. again, complete twaddle, you do not have to speak to them and they should be able to verify their status without any problems

So what do I do now, I really don't want to get into a conversation with either Lomabrd or Arden, and in fact I thought Lombard had gone under. surely the fact that we are in correspondence proves that I am me, otherwise I wouldn't be answering their letters at all. Absolutely correct

Any advice would be much appreciated as usual.

 

Many thanks to all.

 

Like all other Debt Collectors, it would seem that this lot are relying on your ignorance and hoping you will believe their rubbish.

 

I would consider writing them a further letter and include (in your own words) the following:

 

reiterate your refusal to enter into any other form of communication other than in writing

clarify to them that you have no desire and are under no compulsion to provide them with any information at all, it is clear that it is for them to prove their position as owner of the account prior to even establishing contact with you, if they do not understand this, perhaps recommend that they seek legal advice

 

If they are uncertain of your identity in any way, then according to the OFT Guidelines and CPUTR, they should not be contacting you at all.

 

The CCA request you have sent is a lawful and valid request , there does not exist any requirement in the Consumer Credit Act which allows for a party to demand a signature, nor information of any kind, therefore until they fulfill your request you will enter into no further communications.


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Then keep ringing them to see if they have received it yet...:cell::boxing:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Today I have received a letter from Lombard - after following advice from here I wrote to Arden as advised by Spamheed. They did reply to the effect that they were passing this back to Lombard who now have written to say that they couldn't respond to my request as my signature did not match the one they had of mine. They go on to say that "the Information Commissioner's guidance on access requests states that when a request is made by an individual for account information it should not be assumed that, on every occasion, the person making the request is who they say they are. In some cases it is reasonable, to ask the person making the request to verify their identify before sending them information." The letter then states that they have attempted to investigate the discrepancies with my information to enable them to fully comply with my request, however as I have advised them that I will not provide a specimen signature and am not happy to telephone them they are unable to provide the requested information. They then ask for some other form of identification, ie., a copy of my driving licence and if I am dissatisfied with this response I can refer it to the Financial Ombudsman Service.

 

So after all that, sorry its abit lengthy, can someone please advise me of what to do next. Do I really have to provide some form of identification. I have had so many letters relating to this debt from so many DCA's and replied to them, so isn't that sufficient?

 

Your help would be much appreciated as always.

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Do they have anywhere where you can collect the info in person?

 

What they have stated is word for word from the ICO's own guidance for signature requests, however, straight back at them I say!

 

2 Do you have enough information to be sure of the requester’s

identity?

YES?

Often you will have no reason to doubt a person’s identity. For example, if a

person with whom you have regular contact sends a letter from their known

address it may be safe to assume that they are who they say they are.

 

NO?

If you have good cause to doubt the requester’s identity you can ask

them to provide any evidence you reasonably need to confirm it. For

example, you may ask for a piece of information held in your records

that the person would be expected to know, such as membership

details, or a witnessed copy of their signature.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

 

You could send them a letter outlining the above paragraph from the ICO's website.

And include in it that, "The time in which to confirm my identity was before you sent me your first threat letter, your letter dated dd/mm/yyyy in which you are only now demanding further information to identify myself is evidence that you have previously sent correspondence to me, and been in breach of the DPA in doing so.

 

You have had no problems in divulging sensitive and personal information to me without carrying out the necessary checks that I am the correct subject in question, therefore, you will either admit that you do in fact have no question as to my identity and will send the requested documents forthwith.

OR, you will admit that you have breached the DPA, and that you have no knowledge as to my Identity and have been sending personal private and sensitive data to a person unknown.

 

I look forward to your response, if it is to be the latter then I will deem this matter closed and report you to the ICO for investigation for breaching the DPA., if, as I suspect, this is your attempt at frustrating the legal process, then I will remind you of the time limit in which you have to respond with the documents requested and that the clock is still ticking.

 

Regards.

 

(PRINT YOUR NAME)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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This debt has been through a few DCAs and is now with Westcot. From their first demand I advised them that the debt was in dispute as I had requested a copy of my CCA from Moorcroft way back in June 2010. I have received two letters in the past week, one informing me that if I require documentation then I must contact RBS and send £1. I have already paid £1 top Moorcroft and they have cashed the cheque. The other letter was a doorstep Collection Notice.What is my best way forward now - do I request a CCA from RBS or is the original request still valid. Many thanks.

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