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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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Lending Stream taking money -


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Its interesting that all the people involved in this thread and the other LS thread bank with Lloyds TSB. I wonder if anyone using other baniks has had their cancelled cards tried but the transaction rejected.

 

One other thing which is I really so not understand. lets look at a typical timeline.....

 

1. Debtor decides he has been ripped off enough by LS and cancels debit card

2. LS inform debtor that the payment from the card failed

3. Debtor tries to contact LS with little or no success

4. months later a randon payment is taken from the debtors account USING THE OLD CANCELLED CARD

 

How the hell can a transaction be rejected when the card was origionally cancelled, but allowed to go through months later?

I wonder if Lloyds TSBs systems release the lock after so many months of inactivity?

 

Do we have any LTSB reps on here that may be able to shed some light?

Edited by nortel
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Thanks for the tip of about their site Nortel - my beef largely with them I guess is over this and their website not displaying my account properly so wouldn't show payments made :o) - anyone else had this?

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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Let us know how you get on. I have phoned LTSB 3 times and got to the same conclusion. I have even threatened to abandon my current account and told them I had no confidence that my money was safe with them this apparently has been escalated buit im not holding my breath.

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Also the latest (Oct 2011) guidelines on debt collection:- http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/OFT664Rev.pdf

 

m. misusing a continuous payment authority, including by (this is a

non-exhaustive list):

• debiting a debtor's account other than on a date or dates

as expressly set out in the relevant agreement, unless

otherwise specifically agreed with the debtor subsequent

to the agreement having been concluded (for example,

where an alternative repayment plan has subsequently

been agreed between the creditor and the debtor)

• debiting lesser or greater amounts than those expressly set

out in the relevant agreement unless the debiting of such

amounts has been specifically agreed with the debtor

subsequent to the agreement having been concluded (for

example, where an alternative repayment plan has

subsequently been agreed between the creditor and the

debtor)

• debiting from a debtor's account other than the account

specifically designated by the debtor (in a contract or

otherwise) for repayment of the credit that is the subject of

the continuous payment authority.

The OFT considers that while it is not unfair or improper for a

creditor or a debt recovery business acting on its behalf to use

continuous payment authority to recover 'recurring repayments' (for

example, repayments of £100 per month, on the first day of the

month, over 10 months, to recover a loan of total cost to the debtor

of £1,000) it is unfair and improper to seek to use it to make

recurring attempts to recover a 'SINGLE repayment' (for example,

making numerous consecutive attempts to recover, in full or in part,

a single repayment of £100 on a loan of total cost to the debtor of

£1,000).

 

Report them to the OFT, Trading Standards. Credit License No. : 0620194

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You need to say you dispute the transaction and wasn't aware of it being debited, can they explain why the many transactions were allowedIf you have no joy on the telephone they may try fobbing you of - then put it in writing as a 'COMPLAINT'but I imagine the bank will send a form that you will have to sign and return to them within x amount of days to get your money backBut I would also recommend you retrying to come to some arrangement with Lending Stream because this problem could only get worse and maybe a totally error - again have you tried contacting LS ?? because you need to be prepared for the bank to say this

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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I emailed them got no reply for months then obviously they took £1019 to be precise so obviously don't need a payment plan now they've screwed me out of alot of money, Im honestly worried because my rent and car insurance comes out Monday and Im £1000 over my overdraft don't know what to do..

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I really think you have cause for complaint gigz87 they cannot just take such a high amount and not provide you a breakdown which I'd be demanding, how does a £300.00 loan really grow to over a grand, are they now saying that your fully paid? they must take some responsibility as their not allowed to ignore a debtor and I'm suprised if they hadn't gotten another collector involved by now as the amount suggests this has been sustained over a long timePractical now - got anything you can sell to raise as payment for rent? maybe ask family/friends - please don't take another payday loanTry talking to your landlord, see if you can offer to make a double payment on your next month or set up installments over your tenancy term left for this months payment your going to miss - I could go on being a tenant myself but I don't think this is the place to be advising rent advice - think there maybe another forum on here for this

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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Go to the police and ask to speak to the money laundering people, and get a crime number, this clearly is a CRIME, they have taken FAR more than the agreed amount... once you have the crime number report it to the OFT.

 

Insist you have this crime number, it is VITALLY important as the bank then have to return the money taken to you.

 

It is the only language the bank and the PDL companies understand, explain that the agreement has ended, you tried to get the company to repay the overtaken amount (the whole money they have taken on the cancelled card), explain that the card was reported as lost to the bank months ago, and yet the company have still gone and taken these funds.

 

If you don't do this you stand no chance of getting your funds back without taking Lending Stream to the small claims court.

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A good post, talking sense. Also make sure you talk to the Fraud Deprtment at the bank.

 

Go to the police and ask to speak to the money laundering people, and get a crime number, this clearly is a CRIME, they have taken FAR more than the agreed amount... once you have the crime number report it to the OFT.

 

Insist you have this crime number, it is VITALLY important as the bank then have to return the money taken to you.

 

It is the only language the bank and the PDL companies understand, explain that the agreement has ended, you tried to get the company to repay the overtaken amount (the whole money they have taken on the cancelled card), explain that the card was reported as lost to the bank months ago, and yet the company have still gone and taken these funds.

 

If you don't do this you stand no chance of getting your funds back without taking Lending Stream to the small claims court.

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If your rent and car insurance are due to go out on monday, it will be interesting to hear whether your bank let these payments go out as I guess they are both authorised on your account.

 

If payment is refused because you are over your limit then that gives you more evidence to make a claim against the bank IMO, they cannot pick and choose who they pay!

 

What excuse could the bank use for rejecting payment? Not abuse of your overdraft giz as they have already done this themselves!

 

I once had a transaction rejected when using my debit card for shopping, it was because I have reached my OD limit and my salary had been 'lost' by Barclays for a couple of days. I was obviously put out that it was rejected but they acted correctly because the funds weren't there.

 

I fail to see why Lloyds are allowed to get away with this!!

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Hi Guys

Thanks for the replies, some really useful advice. Im still struggling to understand how Lloyds allowed this to happen and im really worried because it means my car finance, car insurance and broadband direct debits cannot be paid. Which will lead to more charges etc.

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Hi Guys

Thanks for the replies, some really useful advice. Im still struggling to understand how Lloyds allowed this to happen and im really worried because it means my car finance, car insurance and broadband direct debits cannot be paid. Which will lead to more charges etc.

 

Hi Boxwich,

 

Your post reads as though this is your thread when it was in fact started by giz and whilst the topic is the same, it could get confusing in who has done what and what the outcome is so it might be better to start your own thread and put a link on here for people to advise you on your similar problem.

 

If you haven't got an overdraft facility I assume you were planning on putting money into your bank to cover the other payments, this may cause you further misery because your bank will swallow it up to cover there error in making payment to LS. I would be wary of putting any more funds in until this is sorted. Do you have another account that you could use instead?

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Hi Dotty

Sorry for the confusion, I get paid weekly in to this account. However I have had to make alternative arrangements with work until this is sorted, as I cannot afford for the whole amount to be swallowed up by the bank.

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@ Karen - please stop suggesting people call

Your also a first time poster...which probably also means a wind up merchant I've come to the conclusion

 

I'd love to know how you got through because their lines have been blocked all afternoon actually - even the new loans line confirm this ! his name being Gary...!

If people would like to email - the company seem to have set this address up in addition. [email protected]

Edited by asmilecostsnothing

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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DO A CHARGEBACK

 

and demand it

keep going up the chsin of command at the bank

UNTIL YOU GET IT

 

VERY few bsnks understand the chargeback scheme

 

and just fob people off with excuses oh it taske 15 days 30 days etc etc

 

IT DOES NOT!!!

 

it can be done in 2mins upto 120days after the transaction.

 

DEMAND IT and DONT take NO for an answer!!

 

http://whatconsumer.co.uk/visa-debit-chargeback/

 

refund FIRST investigate AFTER

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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all the above has happened to me lending stream taking money from lloyds tsb on a cancelled card.however lending stream now have an apology notice up on their website and have employed extra staff to try and rectify all the people they have wrongly taken money off.good luck

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