Lloyds credit card debt , iQor and gpb solicitors

[Red1983]

Hi, haven't been here in a while but wondered if someone could help me please.

 

Credit Card pre 2006,

arranged a pro rota agreement in 2006,

and paid minimum amount,

went to a debt collector,

and arranged 20.00 per month.

 

Last payment made was in 2011, and decided to request CCA with the DCA at the time.

 

I rec'd a letter stating that payments had been made towards the debt however Lloyds have advised that they cannot provide a CCA as the debt is too old,

and although unenforceable it is still owing.

 

They went on to say that Lloyds have offered a settlement figure previously for half of the original debt, and this still stands.

 

I took that as Lloyds did not fulfill there obligations under the CCA act and thought to thyself that if they were to take me to court then they'd be stupid just because of the admission.

 

Have had a few DCA letters still attempting to chase the debt but I know of them so have ignored.

 

However, Rec'd letter from iQor, ..

. I ignored...

but have now had letter from gpb working on behalf of iQor stating that they want payment within 10 days otherwise a county court claim may be issued without further warning.

 

Now normally I'd egnore it, but I just needed someone advice as to wether the letter I had from the original DCA would be a defence in court if it did indeed go that far?

 

Should I send a whole new CCA request?

Or should I send a letter, including a copy of the letter from the original DCA

 

I just don't want to shoot myself in the foot by assuming, so any advice would be much appreciated as they are demanding payment within ten days and gpb seem to be a legit solicitors.

 

Thanks so much to anyone that can help.

 

Red

[huggy41]

want payment within 10 days otherwise a county court claim may be issued without further warning

 

There is your answer in red.

they can issue without notice but the court will tell you what they are trying to do. i'd send them a copy of the letter you got stating no CCA

[Red1983]

Ok thanks, I did think that too.

What do I do though if they turn around and say that you made payments to the debt so therefore you have accepted liabilty? I have'nt at all, just didn't know my right at the time of making the original arrangement.

 

How does this sound for the letter:

 

Dear Mr Doe,

 

I do not acknowledge any debt to any company.

 

A CCA request was made in 2011 to Blah Blah DCA, please find enclosed their response.

 

In light of this, you will see that Lloyds TSB have acknowledged that they have not been able to fulfill their obligations in accordance with the CCA 1978 and therefore is now unenforceable at law.

 

I look forward to your final response, as any further pursuit after this will be seen as a breach in the DCA collection guidelines.

 

Yours

 

Red (Not my real name) lol

 

Or something along these lines?

[dx100uk]

they are offering a discount

 

IGNORE!!

 

dx

[Red1983]

To whom it may concern

I am in receipt of your letter dated xxxxxxx received xxxxx.

I must admit I am rather bemused at your threat for court actions in regards to the above debt, of which I DO NOT acknowledge.

Lloyds TSB are already in breach of providing a true copy of the original CCA agreement , and a copy of such admission is enclose for your per-usual.

I am sure that as a solicitor I do not need to remind you of the obligations a creditor is obliged to abide by under the CCA 1978 and the SI's contained within.

In short, let me reiterate, Lloyds TSB have not been able to provide a copy of the said agreement and therefore is unenforceable at law. I therefore request that any further pursuit stops now, or I will be reporting you and iQor to the relevant authorities for breach of the OFT debt collection guidelines.

I look forward to your final response.

[dx100uk]

i'd not bother.

 

did you ever SAR LLoyds

if they are offering a discount

 

it'll be PENALTY charges &/or PPI

 

dx

[Guest]

gpb sols stratford? they are legit sols, but seems as if they like others are allowing their name to be used re dca threatograms. as said 'may'. not quite a letter before claim.what is the contact number on the letter? is it iqor? still owned by loyds? if so, up to loyds to decide on any legal action and if doing so they usually use their own sols. if decide to write, one 'dispute' letter to iqor should suffice to see them off.

Edited October 4, 2012 by Ford

[Red1983]

Ok, bless you thanks for this.

 

Theres about 1000.00 in charges and PPI, and yes I did SAR them and were only able to provide statements for the last two years, not the whole time which is about 12 years!

 

Didn't realise that Lloyds would use their own sol's. This has given me peace.

 

Thanks very much indeed.

 

Red x

[Guest]

get claiming any missold ppi etc back, and demand a full sar for all data that they hold on you. loyds sols are scm sols.

Edited October 3, 2012 by Ford

[Red1983]

Thanks very much. Will get on with this tomorrow. Off to bed now, but will keep updated incase it can help anyone else.

 

Night night

 

Red

x

[42man]

How about something along these lines

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account,

namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore,

it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed,

devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,

remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement,

 

further more this has already been raised with (names of previous DCA's / Bank here)

yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court.

 

furthermore should you proceed with the threats to issue a statutory demand or a court claim I will make an immediate application to have it set aside for the grounds outlined above,

also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

 

Yours faithfully...

 

(You could also add -

 

I am a great advocate of recycling and have enclosed your previous correspondence for your recycling operation

- Paper recycling - Wikipedia, the free encyclopedia

- This site gives some useful information for your company's recycling effort

[Red1983]

Love it ;0) Thank you ;0)

 

Have ignored, and have heard nothing thus far, will continue to keep you updated ;0)

 

Red