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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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Bring it on LTSB! - **WON**


Lusky
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Hi all, this is my first post.

 

I have been a LTSB customer for 25 long and sorry years and and finally decided to retaliate!

 

Went into my local branch yesterday armed with DPA letter and £10 cash. ( My account is so overdrawn due to excessive charges there was no point sending A cheque!)

 

Gave my letter + £10 to the lady behind the counter and asked for a receipt.

Total confusion!! She ran off to speak to several colleagues and I was left waiting for about 15 mins. Finally she copied the letter, stamped it with the banks stamp and wrote the confirmation of receipt of cash on it, assuring me that my request would be actioned.

 

I have also sent another letter to Customer Complaints Dept requesting that my

charges for Jan-March , £600, be refunded to my account as I believe them to be unlawful.

 

I have been and opened another bank account today to safeguard myself and

have arranged for any incoming funds to go to that so that LLoyds dont get their hands on it.

 

Why didn't we do this years ago??!!

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I know it is quite a short time since I handed my DPA letter to my branch but have just sent this e-mail to make sure they are on the case.

 

Just want to make sure the branch has actioned it.

 

Sent to Penny Berryman

 

 

ACCOUNT NUMBER: xxxxxxxxxxxx

Please find attached a copy of the letter which I delivered by hand to my branch

on 6th April 2006. I have a stamped copy of the letter and a receipt for the £10 which I paid.

 

As I have not yet received any confirmation that this request is being actioned

could you kindly confirm that I will be receiving the information requested in the near future.

 

Thank you for your assistance.

 

Kind regards

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Also, forgot to mention previously that I have an appointment with my local MP

tomorrow morning ( not sure if I can say who or what constituency for confidentiality reasons) to ask him where he stands on this issue and what support he and his party are prepared to offer.

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Also, forgot to mention previously that I have an appointment with my local MP

tomorrow morning ( not sure if I can say who or what constituency for confidentiality reasons) to ask him where he stands on this issue and what support he and his party are prepared to offer.

Which party?

Let us know how you get on. After you get his views ask if he objects to you posting them on here with his details.

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  • 2 weeks later...

I already sent preliminary letter relating to this years charges.

 

Recieved the usual reply from David Just refer to T&Cs or go to Ombudsman etc

 

I have just received my DPA info and now have charges relating to the last 6 years ( approx £2800 I just need to double check it all).

 

Will it be in order to send LBA and just add the additional charges that I now have?

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Hi Lusky,

I sent my DPA request the day before you and still have'nt received them, going to e-mail miss money penny as you did.

I think now you have the total money owed the next step is to request it back,and then LBA.Good luck and keep us posted.

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Had another " Get lost " letter today in response to LBA stating that LTSB are not willing to add any other comments or correspond further.

14 days not up until 11th May.

Would it be safest to wait until then before filing my claim or should I just get on with it as they have said this is their final response?

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  • 2 weeks later...

14 days from LBA up tomorrow so going to file claim with court.

Today I recieved a letter from a different branch of LTSB to the one I have been dealing with saying that because I am over my OD limit ( by less than half the amount I am claiming and due to more charges ) that my agreement is terminated and they will not accept any credits or debits to my account.

have phoned them and told them my account is in dispute but the guy on the phone was having none of it.

Should I include something about retaliatory action in my claim?

Help apprecated before tomorrow please!

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What agreement are they cancelling?

 

Is it the overdraft agreement?

 

Have they closed the whole a/c, I don't see how they can refuse to accept credits to the a/c if they haven't.

 

Have you opened a parachute a/c yet?

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Sorry I don't have a scanner. They are cancelling the overdraft but the text of the letter states

 

"the balance of the account will need to be adjusted to allow for any further credits or debits to the account".

 

I do have a parachute account but just thought they were not allowed to take action against me while the account is in dispute?

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I think that they can call in an overdraft when they wish. I am pretty sure that they normally give notice though.

 

If they normally give notice, but haven't done so, I would view this as retalliatory action for trying to claim your money back. This would not look good for them in court unless they can give good reasons for doing so.

 

Maybe Dave or Bankfodder could give their views on this

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Thanks HD.

Now that I've thought about it I'm not really that fussed to be honest. I'm hardly using the account anyway. I will only worry if they try and default me but even then they are going to look pretty silly as I've filed my claim with the court today.

As for not being able to pay credits to the account, even better as when they have have to cough up all my money I will pay it in somewhere else and they can have their overdraft back £10 per month. Happy days!

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  • 4 weeks later...

Have received notification today that Lloyds intend to defend the claim in full.

I know this is standard but just to be sure, do I have to do anything or just wait until I receive the defence?

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Hi Lusky, I'm on the same timeline as you and received the Acknowledgement of Service Has Been Filed this morning (Lloyds filed an acknowledgement of service on 01 June 2006). Apparently they intend to defend all of the claim. Awwww bless them!

 

As far as I can see from other forum users and the FAQ's we now wait for Lloyds to file their defence and we'll then receive a court allocation questionnaire to fill in.

 

I'm a little out of my comfort zone but am confident that this will settle before court. Even so, I've started getting my evidence together anyway, will relieve the stress later on in my case!

 

Please feel free to PM me for mutual support!

 

Taff x

LLoyds TSB: took over 2 months :rolleyes:

but they gave in :lol:

and I got my cash back

 

all £1040 of it!

 

Capital one and MBNA on my hitlist .... stand by for action!!!

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Thanks Taff.

Like you say am confident that it will all come good in the end.

Thanks for the support and likewise feel free to pm me too.

I will let you know as soon as a hear anything.

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Recieved the defence from Lloyds solictors today.

Exactly the same as everyone else has received so far I think.

"The charges are not penalties..." etc, etc.

"We advertise the charges up front " blah blah.

"the charges are fair".....same old

 

I am now waiting for the allocation questionaire where I will argue that thaey are trying to cloak the penalties and that they have refused to justify how they arrive arrive at their extortionate charges.

 

Is this correct? ( Sure it is but could do with a little moral support) !

 

Thanks.

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The AQ merely is to give any additional information to the judge as to whether its in the right track (small claims). And to check if both parties have started to negotiate a settlement, in which case you ask for a month delay.

 

You do not need to put in any response to their defence. You just need to put no, no, not applicable in the relevent boxes.

 

If both parties have submitted an AQ the judge will then set a hearing date. If they haven't ( Lloyds still haven't returned theirs in my case ) he will probably give them a week to do so. If they don't comply then you win.

 

Lloyds have not gone to court yet, follow the steps and if you need support there's loads here.

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