Credit Card + Personal loan

[missworry]

You're absolutely right, mind you I think you're being slightly over generous with 10% if you were lucky enough to win the Lottery.

Now that you appear to have your lender accepting the £1.00 you offered do they pretty much leave you alone, no annoying phone calls, and no letters?

[rhos123]

You're absolutely right, mind you I think you're being slightly over generous with 10% if you were lucky enough to win the Lottery.

Now that you appear to have your lender accepting the £1.00 you offered do they pretty much leave you alone, no annoying phone calls, and no letters?

 

they are indeed accepting the£1 they cash the p/o each month! when they choose to pass this debt on to the dca or indeed to court, then until my situation changes i will pay £1, i do indeed not recive any phone calls from them. i do get letters from them which i always reply to. please find enclosed a p/o for £1 account no xxxx. you will recive my next payment of £1 on or about the same time next month. thankyou for your understanding with reguard to this matter.

[missworry]

they are indeed accepting the£1 they cash the p/o each month! when they choose to pass this debt on to the dca or indeed to court, then until my situation changes i will pay £1, i do indeed not recive any phone calls from them. i do get letters from them which i always reply to. please find enclosed a p/o for £1 account no xxxx. you will recive my next payment of £1 on or about the same time next month. thankyou for your understanding with reguard to this matter.

 

 

Thanks for that!8-)

[missworry]

I'm aware that I can send a £10.00 payment and ask for a SAR from a credit card company but can I do the same request for a Bank Account ( current account that is overdrawn) and a personal loan, or do SARs only apply to credit cards?

[maroondevo52]

Hi,

 

You can SAR for both Bank accounts and loan, if they are with the same lender sending one SAR should give you all the info you require.

 

Regards.

 

Scott.

[missworry]

I've been paying Barclays £1.00 per month to my current account as I'm overdrawn by £800.00 (approx) they have continued to levy interest and charges in spite of my letters requesting that they don't. I go to make a payment at my branch a couple of days ago and they have closed my account, they are not accepting any further payments it seems (bank staff told me I could not deposit money as account is shut down) what do you make of that?

[jdes26]

Stuff em...... Dont pay another penny

wIt six years clean credit file

when the dca come calling send them the take me court/ prove it letter or" go away"

generally they do

waste of space banks!!!

[intend]

subbing - son-in-law in identical position - will post any interresting developments

 

Intend

[missworry]

Thanks for that - I still don't understand why they would close the account bearing in mind they want me to pay them their money back? Could they being doing this so I default on my proposed payments, then Barclays may feel that they have new grounds to peruse the debt? Altohugh in a court their claim would look shaky as I have the banks paperwork showing my account has been closed.

[missworry]

I owe Lloyds TSB a little bit of money and they keep on banging on about it. I'm suffering severe financial hardship so I made them offer which amounts to a couple of pound per month.......naturally they want more and keep on writing me letters to this effect. On Saturday morning I was to find that they have closed my current account and I can not add funds to it? I'm a little bit irritated by this a they didn't give me any prior warning.

How is it on one level they complain as they wish me to pay them more money and in the same breath they shut down my account.

Is this normal practice for Lloyds, if so what should I do next?

[missworry]

Last week I received this letter from BLS Collections.

 

I originally made Lloyds aware that I was suffering from financial hardship and I offered to pay them £1 on a regular basis until my financial improves - I have kept up my regular monthly payment in spite of them shutting down my current account. I'm sure they did this to make it harder for me to make payments.

In the BLS letter (attached) they claim that I have ignored their letters, which is not true. As they now appear to be intent of taking me to court I would want to know what is my best course of action.

 

This is all starting to really stress me out so any good advice would be greatly appreciated.

 

Many thanks.

BLS Collectons.pdf

Edited April 1, 2011 by missworry

[Tingy]

Hi Again!

 

Sorry not to have picked up on this sooner and thanks for the pm. Always happy to try to help!

 

Was this your first letter from BLS? If not when did they start writing to you? Have all letters been threatening?

 

If it is the first letter in the bit blanked out do they give away what sort of assignment it is -ie- do they say we are writing on behalf of our client or anything like that.

 

Have you received a Notice of Assignment from either the OC or BLS saying the debt has been passed on or maybe even sold to BLS - you should have.

 

I wouldn't worry about the threat of court action - I've had literally hundreds of those and not once have I been to court. They are trying to scare you.

 

I'd reply with a letter somewhere along these lines,

 

Dear Sir / Madam,

 

Your Ref: abcd1234

 

Thank you for your letter dated dd/mm/yyyy which I received today. I am puzzled by the contents of the letter which I find rather distressing and offensive for the following reasons.

 

Firstly in the first paragraph you state I have lacked contact with you. This is not true. I wrote to you on v,w,x,y and z (dates) so was somewhat shocked to be accused of lacking contact with you. In the same paragraph you state you assume (because of this lack of contact) "that I have no intention of paying this debt on a voluntary basis." The truth of the matter is I have been making voluntary payments direct to Lloyds TSB since dd/mm/yyyy so have an excellent repayment record.

 

You then go on to make a series of very serious threats regarding court action. Under the Consumer Protection from Unfair Trading Regulations 2008 may I ask the question whether you own this debt, along with all its rights and duties, or whether you are in fact just acting on behalf of Lloyds TSB? As I am sure you know answers given under this piece of legislation can be used in court, so you may be put to strict proof of your answer to this question should this matter end up in court. Similarly if you avoid answering it, you can be asked why you did this in a court of law.

 

The same piece of legislation states under Section 7 ss2b and c :

 

"(2) In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of—

(b) the use of threatening or abusive language or behaviour;

© the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgment, of which the trader is aware, to influence the

consumer’s decision with regard to the product;

 

and (e) which states: (e) any threat to take any action which cannot legally be taken.

 

If you do not have an absolute assignment I am sure you are aware that you cannot take any court action without doing so alongside the original creditor.

 

Furthermore I would like to refer you to Section 11 which states:

 

11. A trader is guilty of an offence if he engages in a commercial practice which is aggressive under regulation 7.

 

I am sure you are aware that this means a criminal offence for which you could lose your licence, not a civil offence. It also carries a possible prison term of up to two years.

 

I could go on to quote many elements of the OFT Debt Collect Guidance which you have breached, but I think I have probably made my point.

 

Finally I would like to refer to your penultimate paragraph which states a telephone number to contact if I am experiencing financial difficulty. As you should know, I contacted the original creditor to let them know I was suffering from financial hardship on dd/mm/yyyy - this is why my monthly repayment has been only £1.00 per month. Although it has not always been easy, I have stuck to this arrangement religiously.

 

I trust you can see now why I am rather puzzled by the tone and content of your letter. I have no intention of phoning the telephone number quoted in your letter, but would ask, as is my right, that any and all correspondence is conducted by letters for the avoidance of doubt. I will, of course, do my best to co-operate with all correspondence received. However, if in your answer to the above question under CPUTR 2008 you state you have only an equitable assignment and are in fact acting on behalf of Lloyds TSB, as you will have committed a criminal offence I am duty bound, as are all UK citizens, to report this matter to the police, the OFT and the FOS.

 

I look forward to receiving a prompt reply to this letter. In the meantime I shall continue making my token monthly payment direct to Lloyds TSB as I have been doing for x months. I trust this arrangement will continue to be agreeable to you.

 

Yours sincerely,

Edited April 1, 2011 by Tingy

[missworry]

Hi Again!

 

Sorry not to have picked up on this sooner and thanks for the pm. Always happy to try to help!

 

Was this your first letter from BLS? If not when did they start writing to you? Have all letters been threatening?

 

If it is the first letter in the bit blanked out do they give away what sort of assignment it is -ie- do they say we are writing on behalf of our client or anything like that.

 

Have you received a Notice of Assignment from either the OC or BLS saying the debt has been passed on or maybe even sold to BLS - you should have.

 

I wouldn't worry about the threat of court action - I've had literally hundreds of those and not once have I been to court. They are trying to scare you.

 

I'd reply with a letter somewhere along these lines,

 

Dear Sir / Madam,

 

Your Ref: abcd1234

 

Thank you for your letter dated dd/mm/yyyy which I received today. I am puzzled by the contents of the letter which I find rather distressing and offensive for the following reasons.

 

Firstly in the first paragraph you state I have lacked contact with you. This is not true. I wrote to you on v,w,x,y and z (dates) so was somewhat shocked to be accused of lacking contact with you. In the same paragraph you state you assume (because of this lack of contact) "that I have no intention of paying this debt on a voluntary basis." The truth of the matter is I have been making voluntary payments direct to Lloyds TSB since dd/mm/yyyy so have an excellent repayment record.

 

You then go on to make a series of very serious threats regarding court action. Under the Consumer Protection from Unfair Trading Regulations 2008 may I ask the question whether you own this debt, along with all its rights and duties, or whether you are in fact just acting on behalf of Lloyds TSB? As I am sure you know answers given under this piece of legislation can be used in court, so you may be put to strict proof of your answer to this question should this matter end up in court. Similarly if you avoid answering it, you can be asked why you did this in a court of law.

 

The same piece of legislation states under Section 7 ss2b and c :

 

"(2) In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of—

(b) the use of threatening or abusive language or behaviour;

© the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgment, of which the trader is aware, to influence the

consumer’s decision with regard to the product;

 

and (e) which states: (e) any threat to take any action which cannot legally be taken.

 

If you do not have an absolute assignment I am sure you are aware that you cannot take any court action without doing so alongside the original creditor.

 

Furthermore I would like to refer you to Section 11 which states:

 

11. A trader is guilty of an offence if he engages in a commercial practice which is aggressive under regulation 7.

 

I am sure you are aware that this means a criminal offence for which you could lose your licence, not a civil offence. It also carries a possible prison term of up to two years.

 

I could go on to quote many elements of the OFT Debt Collect Guidance which you have breached, but I think I have probably made my point.

 

Finally I would like to refer to your penultimate paragraph which states a telephone number to contact if I am experiencing financial difficulty. As you should know, I contacted the original creditor to let them know I was suffering from financial hardship on dd/mm/yyyy - this is why my monthly repayment has been only £1.00 per month. Although it has not always been easy, I have stuck to this arrangement religiously.

 

I trust you can see now why I am rather puzzled by the tone and content of your letter. I have no intention of phoning the telephone number quoted in your letter, but would ask, as is my right, that any and all correspondence is conducted by letters for the avoidance of doubt. I will, of course, do my best to co-operate with all correspondence received. However, if in your answer to the above question under CPUTR 2008 you state you have only an equitable assignment and are in fact acting on behalf of Lloyds TSB, as you will have committed a criminal offence I am duty bound, as are all UK citizens, to report this matter to the police, the OFT and the FOS.

 

I look forward to receiving a prompt reply to this letter. In the meantime I shall continue making my token monthly payment direct to Lloyds TSB as I have been doing for x months. I trust this arrangement will continue to be agreeable to you.

 

Yours sincerely,

 

 

Brilliant letter, thank you for your help.

[missworry]

I will get back to you a little later on today in respect of the questions you've asked.

[Tingy]

thank you! Shopping this morning with wife and daughter (hooray!!!!!) Will catch up later on.

[missworry]

thank you! Shopping this morning with wife and daughter (hooray!!!!!) Will catch up later on.

 

That sounds lovely, try not to let them spend too much of your money.

 

I have pm'd with those answers.

 

Cheers!

[Tingy]

Thanks for the pm. I've left you to fill in certain bits as you will see as firstly you never know who is reading these forums, and secondly I don't want to put in anything that might be considered personal detail. I've left out the NOA bit for the moment intentionally as it is always good to have further ammmunition to fire at them if they fail to respond to this. I'd quite like to be there when they open it.

 

 

Dear Sir / Madam,

 

Your Ref: abcd1234

 

Thank you for your letter dated dd/mm/yyyy which I received today. I am puzzled by the contents of the letter which I find rather distressing and offensive for the following reasons. I suggest you read this response extremely carefully as by the time you have finished reading it, you will know you are at a very risk of losing your licence to trade. This is not intended in any way as a threat, purely as a statement of fact.

 

Firstly in the first paragraph you state I have lacked contact with you. This is not true. I wrote to you on v,w,x,y and z (dates) so was somewhat shocked to be accused of lacking contact with you. In the same paragraph you state you assume (because of this lack of contact) "that I have no intention of paying this debt on a voluntary basis." The truth of the matter is I have been making voluntary payments direct to Lloyds TSB since dd/mm/yyyy so have an excellent repayment record. It is confusing therefore to know why two of your letters have in capital letters stated PLEASE ENSURE REGULAR PAYMENTS ARE MAINTAINED TO AVOID FURTHER ACTION BEING TAKEN. Returning to the issue of lack of contact I would like to point out that not only have I maintained regular contact with yourselves, but despite my asking you many questions over a series of letters, you have, as yet, failed to answer a single one of those questions. It has to beg the question whether or not you actually read correspondence from your clients or just feel you can treat them like dirt and ignore any reasonable questions or issues they may raise? Personal experience would suggest the latter.

 

You then go on to make a series of very serious threats regarding court action. As you will know threatening action you cannot actually take is not only directly against the OFT Debt Collection Guidelines. Also as you only have an equitable assignment rather than an absolute assignment you will know that you cannot take me to court by yourselves, you can only recommend to the original creditor that you are taken to court. As you have threatened personally to take court action against me you are committing a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) where in Part 2 under Section 7 Aggressive Commercial Practices subsection 2e it states quite clearly that you are in breach of the regulations if you make, "any threat to take any action which cannot legally be taken." Obviously as you cannot by yourselves take me to court you have threatened such an action.

 

The same piece of legislation states under Section 7 ss2b and c :

 

"(2) In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of—

(b) the use of threatening or abusive language or behaviour; (According to my records you have written four such letters).

© the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgment, of which the trader is aware, to influence the

consumer’s decision with regard to the product. (All letters received from you have put pressure on me to do this and have certainly attempted to exploit my misfortune and circumstance in a way which makes me so anxious and worried it impairs my judgment).

 

Furthermore I would like to refer you to Section 11 which states:

 

11. A trader is guilty of an offence if he engages in a commercial practice which is aggressive under regulation 7.

 

I am sure you are aware that this means a criminal offence for which you could lose your licence, not a civil offence. It also carries a possible prison term of up to two years.

 

I could go on to quote many elements of the OFT Debt Collect Guidance which you have breached, but I think I have probably made my point.

 

Finally I would like to refer to your penultimate paragraph which states a telephone number to contact if I am experiencing financial difficulty. As you should know, I contacted the original creditor to let them know I was suffering from financial hardship on dd/mm/yyyy - this is why my monthly repayment has been only £1.00 per month. Although it has not always been easy, I have stuck to this arrangement religiously.

 

I trust you can see now why I am rather puzzled by the tone and content of your letter. I have no intention of phoning the telephone number quoted in your letter, but would ask, as is my right, that any and all correspondence is conducted by letters for the avoidance of doubt. I will, of course, do my best to co-operate with all correspondence received. However, as you only have an equitable assignment and are in fact acting on behalf of Lloyds TSB, as you will have committed a criminal offence I am duty bound, as are all UK citizens, to report this matter to the police, the OFT and the fos.

 

I am sure you will want to offer an out of court settlement for your criminal offences and await your suggestions or offers of compensation.

 

I look forward to receiving a prompt reply to this letter. In the meantime I shall continue making my token monthly payment direct to Lloyds TSB as I have been doing for x months. I trust this arrangement will continue to be agreeable to you.

 

Yours sincerely,

Edited April 3, 2011 by Tingy

[missworry]

Thank you Tingy! I really appreciated the effort and time you've put in.

[Tingy]

No problem - if you use it, please correct the error in para 1 which should say either you are at risk of or you are at a very real risk of, but not what it does say - sorry!

 

Tingy.

[missworry]

Thank you Tingy! I really appreciated the effort and time you've put in.

 

Will do, thank you so much.