Do I make a small monthly offer? Lloyds TSB

[weatherwitch]

Hi, this is quite a long running saga and I have had some great advice on here, however after a 4 month period of not hearing anything I now have a letter from Lloyds, after paying BLS for over 10 years and getting passed on to Moorcroft as I didn't pay for about 12 months I have now been passed back to Lloyds.

 

My question to you good people is do I make an offer of a small monthly payment or do I carry on ignoring? although I do worry a bit about the latter!

 

Many thanks and this is a link to my other posts if you want a catch up!

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?281392-Moorcroft-Debt-Recovery-Limited-What-do-you-think&p=3339760&highlight=#post3339760

[PGH7447]

OK so have you actually ever requested the agreement by means of a CCA, because it does not appear from your previous thread that you have, and if morecroft offered a discount then chances are there is no viable agreement to be had

[Tingy]

If you are going to CCA them make sure you update the template in the library to include bits of CPUTR 2008 so they know you know what you're on about. However, you're still on very dodgy ground nowadays as many courts are upholding reconstituted agreements even when no original exists. It is worth finding out and then using other tactics to nail them down.

[weatherwitch]

Hi, sorry my thread didn't appear to include the long saga. I have written and sent £1 requesting a CCA a good few months ago. BLS took the pound off the o/s debt and said words to the effect of that they didn't have the originla agreement and it was unreasonable to expect them to have it after so many years.

 

I don't really know the best course of action, I have sat it out up to now but I really don't know how long I will have the bottle for!!

 

Thank you

[PGH7447]

good glad they said that, now send the account in dispute letter if you have not already outlining that without an agreement they can demand payment but without an agreement they cannot start enforce it

[Tingy]

Totally agree with PGH. Straight into dispute then stop paying. Of course you need to remember that IF they do reconstitute the agreement they will be able to enforce it again.

[weatherwitch]

Ok thank you. Do I need to send a pound again? Also should I mention that there is PPI on this loan which if it came off would thankfully reduce it slightly? I have not written to Lloyds at all but have sent letters to BLS, using templates from another cagger so should I just send the same letters that I sent to BLS?

 

Thank you

[Bazooka Boo]

Oooh lovely! PPI, and misappropriation of funds!

 

First send the account in dispute letter as advised, also demand they return the £1 postal order as they cannot provide the CCA you requested, also that their fraudulent misappropriation of that postal order has been reported to the OFT&TS and the FOS, they are to send you their complaints procedure by return of post.

 

The PPI, if that didn't kick in and cover you which is what it is supposed to do, then reclaim ALL of it, including interest, at THEIR rate, this will then offset the total they are saying is owed.

 

Until they can produce a CCA they get NOTHING.

[weatherwitch]

Hi Bazooka Boo, wow thank you for that. Is there a template letter I can use for that or shall I send the same letter that I sent to BLS in the first place but add bits in such as the £1 postal order and the PPI?

 

Thank you

[Bazooka Boo]

I'm a little rusty as to PPI reclaims, but, I don't think there is a specific template.

 

With regard to the £ postal order that is simply a letter demanding them to return the money or face further action. It specifically states in the CCA request what this postal order is to be used for.

If they cannot send you your request, then they MUST return the fee, if they still fail to return it, send them a Letter Before Action (LBA) but I strongly doubt there will be any need for that.

However you MUST report them to the OFT&TS via http://www.consumerdirect.gov.uk/contact for the misappropriation of the statutory fee.

[Tingy]

Try this:

 

Dear Sir/Madam

 

Re: Account / Policy number: 123456789

 

I have been looking at my agreement with you, reference above and have noted that I purchased Payment Protection Insurance from you.

I am now of the belief that I was mis-sold this policy due to.............

 

Continue writing with details of which issues apply to you, rather than just listing the issue. Expand on details where applicable.

 

The main issues are

 

• Employment Issues
  
• Medical Issues
  
• General Health Issues
  
• Lender Issues
  
• Single Premium Issues
  
• Policy Cancellation Issues
  
• General Issues
  

What I expect from you is justification that the policy was suitable for me based on my circumstances and an explanation as to how your suitability criteria works. If you cannot justify this to my satisfaction I request a full refund of all premiums paid to date as well as interest on these payments.

As I believe I have been deprived of this money I also expect an interest element to be added to each sum, at a suitable rate and using a suitable calculation method, as a compensatory gesture.

 

In respect of cancellation of a policy may I draw your attention to the following reports from the FSA, namely, 'The sale of payment protection insurance - results of thematic work, November 2005' & 'The Sale of Payment Protection Insurance - results of follow-up thematic work, October 2006'' that state "When consumers cancel the PPI without repaying the loan, some firms will need to reissue the loan without the PPI. Firms should ensure they treat their customers fairly in relation to the terms on which they reissue the loan.". This means that any new loan is on the same or better terms and does not detriment me in any way and that this is to be done without making a new search on my credit file

 

I expect a swift response to this letter within 14 days, containing either your full justification or notice that you will be refunding these payments.

 

If I do not receive a satisfactory response I will issue another letter notifying you of my intention to take further action if the matter is not resolved within a further 14 days. After this limit has passed I will be either contacting the Financial Ombudsman to investigate my complaint or issuing court proceedings.

 

Yours faithfully,

 

Signature

 

Name

[weatherwitch]

Hi Tingy and everyone else for your replies, I will be writing to Lloyds with your draft letter, however even though I do have the original agreement regarding PPI should I tell them I have this agreement?! the reason I ask is that will they not then say that if I have the agreement it is enforceable?!

 

I probably don't actually know or understand what I am talking about really and I apologise if I this question is a bit daft!

 

Thank you x

[Bazooka Boo]

No don't tell them, you want them to refund you the PPI that they added to your account, including interest, that is all your asking for at the moment.

[Tingy]

99.9% oof the time the ppi is a different policy, often with a different company, to the agreement. The fact that you say you have your ppi agreement would suggest this is the case with you. As a different agreement it is separate to the original agreement so cannot prove whether or not that is enforceable. You are however acknowledging it existed.

[weatherwitch]

Hi, how does this sound? If it gets your seal of approval it will be posted forth with!! Can't believe my first letter to BLS was dated 17th March 2010....how time flies

Dear Sir/Madam

 

Re: Account / Policy number: 123456789

With reference to your letter dated 10 March 2011 on the above account.

I am now of the belief that I was mis-sold a PPI policy in respect of this account due to the fact I did not ask for thiscover due to my employment being secure enough to cover any payments should I become ill.

 

What I expect from you is justification that the policy was suitable for me based on my circumstances and an explanation as to how your suitability criteria works. If you cannot justify this to my satisfaction I request a full refund of all premiums paid to date as well as interest on these payments.

As I believe I have been deprived of this money I also expect an interest element to be added to each sum, at a suitable rate and using a suitable calculation method, as a compensatory gesture.

 

In respect of cancellation of a policy may I draw your attention to the following reports from the FSA, namely, 'The sale of payment protection insurance - results of thematic work, November 2005' & 'The Sale of Payment Protection Insurance - results of follow-up thematic work, October 2006'' that state "When consumers cancel the PPI without repaying the loan, some firms will need to reissue the loan without the PPI. Firms should ensure they treat their customers fairly in relation to the terms on which they reissue the loan.". This means that any new loan is on the same or better terms and does not detriment me in any way and that this is to be done without making a new search on my credit file.

 

 

I expect a swift response to this letter within 14 days, containing either your full justification or notice that you will be refunding these payments.

 

If I do not receive a satisfactory response I will issue another letter notifying you of my intention to take further action if the matter is not resolved within a further 14 days. After this limit has passed I will be either contacting the Financial Ombudsman to investigate my complaint or issuing court proceedings.

There is the other issue of a £1 postal order, which was sent to BLS on 17th March 2010 with a covering letter as a formal request for them 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.

With regard to the £ postal order it was taken off the balance and was not used for what I requested it for. This is a misappropriation of the statutory fee. I therefore wish this to be returned or face further action. It specifically states in the CCA request what this postal order is to be used for.

Yours faithfully,

 

 

Name