Lloyds/Robinson Way Vs ME!!!

[Canoeless]

Hello all, I come grovelling for help!

 

I originally came upon this site about 2 years ago and found it utterly brilliant. At the time, I wrote to 2 of my credit card companies, sending off my £1 to each to get my CCA. One was Marbles, the other lloyds. Both sent back various documents, none of which were the CCA's. My lastletter pointed out they were now in breach and not to contact me again until they had the documents. They both sent letters back saying they couldn't locate the original CCA's but would be in touch. I recently started receiving phone calls from Buchanan Clerk & wells over the Marbles Card, I told them that Marbles should not have passed on my details and were in breach of DPA. This morning I received a letter from Robinson Way stating unless they receive full payment for the Lloyds card within 10 days they will take me to court. Why suddenly after 2 years are they now threatening me? has anything changed?

 

What should I do?

 

Cheers

 

Canoeless

[maroondevo52]

Thread moved.

[Guest]

it looks like loyds have just farmed it out for collection, and you have rec'd the usual initial letter from a dca of no significance re court. you could send robbin the 'in dispute' letter.

[Hardupnotfedup]

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

This is the link to the letter you need to send to B.C.W

[Halibutt]

Canoeless, this is the letter:

 

By Royal Mail Recorded Delivery

 

Date:

 

Dear Sir/Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

ACCOUNT IN DISPUTE

 

I am in receipt of your letter dated xx/xx/xx, the content of which has been duly noted.

 

This account is in dispute with **original creditor/DCA** and has been since xx/xx/xx .

 

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

My previous dispute from **xx/xx/xx** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

I would therefore respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter and look forward to your written response.

 

Yours faithfully

 

Print your name, do not sign!

 

No one ever has to grovel here - I've learned that over the last couple of months. People are here to help and are genuinely sympathetic.

 

I hope that helps.

 

Best of luck,

 

H.

[Halibutt]

Sorry Hardup - posts crossed!

[Canoeless]

Thank you very much both of you!!!

 

What happens if they carry on and take me to court?

 

Regards

 

Jon

[cymruambyth]

if they carry on and take you to court and win you wil get a CCJ awarded against you and an order to pay the full amount and their costs either the full amount or in installments.

[Hardupnotfedup]

Thank you very much both of you!!!

 

What happens if they carry on and take me to court?

 

Regards

 

Jon

 

 

I wouldn't worry they still need original document to take you to court.

[Bazooka Boo]

Send robbersway the in dispute letter, and make a formal complaint to Lloyds Lloyds TSB - Complaints procedure

 

They are currently top of the leader board for complaints at the minute Lloyds is silent on tide of complaints | This is Money

 

So one more won't hurt, :grin:.

 

Robbersway won't take you to court, they can't.

The only people who can issue you with court papers will be Lloyds themselves, robbersway are only acting on their behalf, unless they have bought this lemon?

 

Give Consumer Direct - Contact us a ring and they will pass on your complaint to the OFT and TS for you.

[Canoeless]

just had them on the phone, i told them i'd sent them a letter outlining why they and lloyds were in the wrong. He said 'we need to get this paid within 5 days'

 

I said go on then, you pay it and put the phone down.

[Bazooka Boo]

:lol: Muppets.

[cymruambyth]

I wouldn't worry they still need original document to take you to court.

 

Don't wish to be a killjoy but that will not stop LTSB. They can be quite aggresive or at least their pets [problem] are. They fight dirty in court and read this forum.

[Canoeless]

Hi Cymru, I've just dug out all the old paperwork, their last letter (LLoyd's) dated 29th July 2008 in response to a CCA request reads:

 

Dear Canoeless,

 

Your Account number: XXXX XXXX XXXX XXXX

 

Please find the enclosed information:

 

1) Copy of current Terms & Conditions

 

I regret that we have been unable to retrieve the original application for your account.

 

Yours Sincerely

 

Gimp

Senior Customer Service Advisor

 

 

Since then I've had letters from Sechiari Cark & Mitchell solicitors, 1st Credit & MHA collections, but nothing since March 2009. Now Robinson Way are on the case, acting on behalf of Lloyds, so they haven't even been duped into buying the debt!

 

I'm just worried about their renewed interest in me.

[cymruambyth]

In my thread which is quite long and ends in failure:mad: http://www.consumeractiongroup.co.uk/forum/legal-issues/190057-oh-bls-ltsb.html we had letters from BLS saying that they did not keep original agreements over 6 years. They produced an illegible copy of a microfiche that the DJ deemed sufficient.

LTSB appear to be chasing lots of things at present, maybe that is why their profits are increasing!

[Guest]

canoeless

 

imo,

if the alleged agreement is pre 2007, then they would need a signed agreement containing all of the prescribed terms to be enforceable in court.

have you done a sar to loyds? if not, you may want to consider doing this request to include a copy of any agreement. there is a template letter in the templates library.

also, did you get a dn for this? is it valid?

[Canoeless]

Sorry, what's a DN?

[Guest]

Sorry, what's a DN?

 

default notice

[Canoeless]

Oh, right, thanks.

 

They sent me a default notice on 26th sept 2008, some 6 weeks after I sent them the follow up letter specifically telling them that the account was in dispute and not to put me in default......does this make a difference?

[Guest]

is the dn itself compliant? eg, is in the proper format, provides at least 14 clear days to remedy, and the arrears amount is accurate.

[Canoeless]

hang on, i'll try to upload it.....

[Guest]

hang on, i'll try to upload it.....

 

remove all identifiables before uploading

[Canoeless]

no joy I'm afraid. Where can I find a kosher one?

[Guest]

no joy I'm afraid. Where can I find a kosher one?

 

what do you mean?

[Guest]

oh ok, see here for eg http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

Edited August 4, 2010 by Ford
typo