andy_l vs lloydstsb mastercard

[andy_l]

andy_l vs lloyds tsb mastercard

[DonkeyB]

Good start andy... any more coming?!

[maroondevo52]

I can't wait, a wee bit more info would help andy

[andy_l]

Hi Guys

On 21/09/2009 I sent the following letter to Lloyds TSB

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

 

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

 

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

I look forward to hearing from you.

 

 

 

I received a letter from LLoyds TSB dated 16/10/2009 (see attachment cca reply 1610009)

They state that as of May 2008 it is not a legal requirement to provide a CCA)...is this correct?

 

LLoyds TSB have at no stage provided me with a copy of the original CCA and full statement of account.

 

After many letters/phone calls from LloydsTSB and various DCA's, as at 29/04/2011, Credit Security Ltd (acting on behalf of Lloyds TSB) are threating to take me to the small claims court for the debt of approx £1400.00 (see attached letter csl_29032010).

 

I propose to get in first and write a formal complaint letter to Credit Security Ltd (see attached formal compalint template) detailing that I will ignore any claims until the contents of this letter have been satisfied.

 

Am I right in thinking that a CCA and full statement of account must be provided before Credit Security Ltd can prove a valid claim, although I don't suppose it will stop the normal DCA intimidation.

 

Any comments please ?

 

rgds

andy_l

csl_29032011.doc

FORMAL COMPLAINT template.doc

cca reply 16102009.doc

[andy_l]

I have a similar situation with Moorcroft with a lloyds tsb visa account (I have started another thread andy_l vs lloydstsb visa) and will adopt a similar approach,

rgds

andy_l

[DonkeyB]

They cannot enforce while in default of a valid CCA request. You must put the account into dispute therefore. If it's a credit card, that bit about not providing the CCA is nonsense. Ask them to explain it. I'm not aware of any legislation from May 08 that lets them off the hook - unless they are referring, wrongly, to Rankine?

[andy_l]

It is a credit card DonkeyB.

By writing my formal complaint letter, does that put the account into dispute, or do I need to write something else?.

Also I assume I should be writing to Credit Security Ltd and not Lloyds TSB anymore.

rgds

andy_l

[Bazooka Boo]

That letter from CSL is priceless! What a total clown outfit, pah, I am surprised they can even work a printer least of all string a sentence together!

"WITHDRAW ACTION" I promise to pay....... my god, they are plunging to new depths of desperation, idiots.

 

This is the letter you should send when they are in default of sending you your CCA,

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[coledog]

Hi Andy

 

Send the letter in the link BB has given you above, recorded delivery and do not sign. Edit to suit

[Tingy]

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

 

Have a read of this - it makes things pretty clear, was published in October 2010 so is up to date and leaves you on very strong ground.

[andy_l]

Hi Guys

Can a DCA take me to court for a credit card debt if they don't own the debt, ie the credit card company have not issued a notce of assignment and have not sold the debt to the DCA.

If the DCA can take me to court without the above (I assume the DCA would be acting on behalf of the credit card company somehow), what paperwork etc do the DCA need to accomplish this?

rgds

andy_l

[Bazooka Boo]

Put simply, NO!

 

They will have to own it, so all their tame letters spouting nonsense about legal action, pre-litigation gumf, is a very shallow narrow minded attempt at exploiting t5he debtors lack of knowledge and intimidating them enough to pay what they cannot afford, or do not owe.

[andy_l]

Thanks Bazooka Boo

Attached is the latest threatening letter, I've had at least half a dozen or so, each one slightly more intimidating.

My s78 CCA request along with my £1(etc) to Lloyds TSB was made in Sept 2009 andwas never honoured by Lloyds TSB.

Looking through my records, I can find no Notice of Assignment, assigning the debt to Credit Security Limited.

I've ignored all of CSL's letters, so should I ignore this one, and write a letter of dispute if and when I get a solicitors letter?

rgds

andy_l

csl_26042011_forum.doc

[DonkeyB]

‘Please cancel court action’. Ha ha!

 

They state clearly enough that it will be their client who takes court action, but they could handle the claim with their in house solicitors, if the have any, with the OC as the claimant. As BB says, they cannot really be the claimant, except by assignment (absolute or equitable, subject to certain circumstances with equitable), so that is just waffle. But it’s a red herring anyway – action may be taken by Lloyds TSB. Their bluster and misinformation is not a defence for you!

 

Have you made clear to CSL that the account is in dispute, by dint of an outstanding s78 request, by recorded delivery?

 

What did Lloyds actually send in response to your CCA request? Was it a ‘true copy’? Did it comply with the (subsequent) Carey ruling? Did they include an application form and any T&Cs?

 

And, if they do at some point fulfil the s78 request, what would your next move be?

[DonkeyB]

PS What the F has happened to the forum? I know there’s been a software upgrade, but stuff is reformatting and flying all over the place...

[andy_l]

Attached is the only reply I received from my CCA request, ie two letters thanking me for my complaint, and nothing else.

I shall write a letter of dispute to CSL.

I suspect at some stage I will receive a re-constituted CCA and I shall then scrutinise the CCA to see if it is valid and also be looking for a PPI contract as I know I was paying PPI, which suddenly got cancelled in 2009.

Strangley enough none of my credit card statements show PPI as a separate item, is that normal?.

rgds

andy_l

cca reply oct 2010.doc

[Bazooka Boo]

I did wonder why my user cp has 40 odd threads in it!

 

Anyhow, I still would not entertain CSL, let them continue wasting their computers time printing out irrelevant meaningless missives.

 

Just report them to the usual crowd. CSL will not do a thing, the reason why their puerile letters get increasingly intimidating (desperate!) is because they don't want to have to go back to their client and admit defeat!

 

Dear Lloyds, it seems this time that none of our missives containing legal jargon, threatening and intimidating your customer, has worked, we tried all of our best lies, but it seems that CAG has rumbled this corrupt rotten to the core industry and has the correct consumer and legal knowledge at hand, our apologies for wasting your time, we are going to have to brush up on some genuine legal and consumer laws...

[DonkeyB]

So... you sent in the CCA request, then complained when they did not respond. They wrote back saying they hadn’t committed an offence (which is correct), but thereafter still failed to actually send you anything in response to the CCA request?

 

Their letter clearly acknowledges receipt of your request. If the scenario I have outlined is accurate, they remain in default and therefore cannot enforce. However, they can continue to record the debt with the CRAs (McGuffick).

 

I would send copies of these letters to the DCA numpties at CSL as evidence of non-fulfilment of a CCA request. Make clear that the account is and remains in dispute – and also state that any further communication or enforcement action to attempt to collect the debt will be regarded as harassment, will be defended, and will be reported to the OFT and TS.

 

However, you still need to know what you intend to do if they fulfil the CCA request which, frankly, should not be difficult for them. Are there charges or other issues with the account? PPI? Have you sent LTSB a subject access request to ascertain any charges?

Edited May 4, 2011 by ukaviator