My Lloyds TSB credit card debt

[banksdomyheadin]

I have a Moorcroft "home collections division " letter for a Lloyds TSB debt asking me to give them £90 a month....nice try.

Where should I start with tis as I have already told TSB I cannot pay due to their high requests for payment and interest wiping out the payment...help ?

[cerberusalert]

Post moved and new thread created in Debt Collection Forum.

[harrassed senior]

Hi, we will need a little more information in order to structure a response which will assist you -

 

What is the debt - overdraft/credit card/loan etc.

 

When (approx) was this taken out -

 

Have you had a Notice of Assignment to say that Lloyds have passed this on to Moorcroft?

[Stigman]

Hi Banks,

Don't worry if anyone ever does turn up at your house from Moorcroft,

they have as much right to demand money from you as my dog does!!

 

Tell them to leave the property immediately or you will call the police.

 

As Harrassed Senior says in the post above, please tell us more details of this debt.

 

If you ever have to pay, it's on your terms, not theirs, you say how much and when.

 

NEVER be threatened by Moorcroft or any DCA

 

Best Wishes

 

Stigman

[banksdomyheadin]

Hi, we will need a little more information in order to structure a response which will assist you -

Please see attached copy of letter and answers in red, many thanks

 

 

What is the debt - overdraft/credit card/loan etc. Credit card[ATTACH=CONFIG]22252[/ATTACH]

 

 

When (approx) was this taken out - over ten years ago

 

Have you had a Notice of Assignment to say that Lloyds have passed this on to Moorcroft?

no

[banksdomyheadin]

Thanks for the reply, it is a credit card debt, over ten years ago an no LLoyds tsb did not inform me they had passed me onto Moorcrofts.

[cerberusalert]

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you 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.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[jimbo45]

Don't forget also that if the last payment or acknowledgement of this debt was more than 6 years old (5 in Scotland) then it's statute barred and can't be collected.

 

So don't acknowledge this debt or the clock starts again.

 

After getting a CCA (assuming its valid) get a SAR from the OC to confirm when you last made a payment on this debt.

 

Cheers

jimbo

[banksdomyheadin]

Many thanks, have done that now, will keep you all posted, thanks !

[Bazooka Boo]

I wonder if Moorcr@p actually do collect homes? I wonder how many they have in their collection and which is their favourite one??

[huggys boss]

I wonder if Moorcr@p actually do collect homes? I wonder how many they have in their collection and which is their favourite one??

 

They must be bored with just doorsteps now that they have progressed onto homes.

 

Seriously though, the chances of them sending anybody out are very remote. Did they put the name of the person who "may" be calling. They used to have a very colourful bunch of characters...........Mr Brown, Mr White, Mr Green!

[Halibutt]

They used to have a very colourful bunch of characters...........Mr Brown, Mr White, Mr Green!

 

I bet whoever was going to be called "Mr. Pink" complained that he wanted to be a different colour...

[banksdomyheadin]

Have had response from Moorcrofts today.

Scanner is broke otherwise I would post it on here.

 

acknowledges my letter and has requested info from TSB.

 

However "they believe it may be of assistance to all parties if we also take this opportunity

to ensure any potential areas of dispute are addressed prior to any possible court action or further investigation.

 

To this end can you provide an indication of the information you will be relying upon,

when giving evidence to the court or information to the relevant statutory authorities in relation

to the alleged subject matter of this account.

 

Please could you provide this information by return as this will ensure that all possible areas of dispute

are identified as quickly as possible thereby minimizing potential costs and delays. blah bloody blah...."

 

First of all I will not be replying to them until I get what I have asked for and why are they assuming I am going to court I only asked for copy of CCA? Any advice??

[coledog]

Work out 12 (plus 2 for post) working days since posting the CCA request and send them the account in dispute letter - end of

 

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

[izzitme101]

haha absolutely do not reply to that, they are trying to get a grip on your angle for fighting it if it does go to court.

Also it will likely be them taking you, so thats similar to a letter you would be sending them IF they ever grow enough to make a claim.

[Bazooka Boo]

Basically acknowledges my letter and has requested info from TSB.

Did you send this via recorded delivery? If so then it is 12 working days from receipt of your request, ignore the +2, that's if you failed to send it by recorded delivery, however they have clearly received it, and will state in their latest computer generated joke the date they received it, just5 add on 12 working days from there, and you can work out when they should send you the agreement.

 

As for their other irrelavent ramblings on in the last paragraph, that is their standard response of which they are clearly still deluded if people believe they are going to divulge such information and correct their incompetence, least of all coach them in consumer law. You can very safely ignore that letter, file it away, wait for their failure to comply with your legal request, then send them the 'failed' letter and enjoy the rest of your life.

[banksdomyheadin]

Yes sent on 6th of October signed (scrawled) for by "Ben" on 7th October. Providing they do not send my CCA by Friday this week, shall I send next letter as above ?

[banksdomyheadin]

Yes sent on 6th of October signed (scrawled) for by "Ben" on 7th October. Providing they do not send my CCA by Friday this week, shall I send next letter as above on Friday?

[Bazooka Boo]

Yes I'd stick it in the Post on Thursday, they'll get it on the day in question then.

[banksdomyheadin]

Have posted this off but still getting phone calls despite the phone call letter. Do I just get in touch with OFCOM now ?

[sillygirl1]

You could always write back tongue-in-cheek and ask 'what documentation are you relying on as I need copies for my records....' seriously they need a good thump from the OFT for that letter.

[coledog]

Any more calls - say 'account in dispute go away' or something like that, report to Consumer Direct, OFT, OFTCOM etc

[laalinz]

I got the exact letter from Morroncroft

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?259580-Laalinz-v-Moorcroft-(MDR) Just incase you would like a look at my thread.

 

They must be having a big push in October (maybe as it Halloween) as I have heard nothing from them since May until today when I big scary NOTICE OF POSSIBLE LITIGATION comes through my post box today with a list of charges they will add for taking me to court. But I can prevent this if ring them and pay in full before 29.10/10.

Then they inform they have charged me 12 squid to tell me this.................lovely people.

[Bazooka Boo]

Hope your going to pay their unenforceable charges!

[laalinz]

Just getting my cheque book out now.......shall I make it out to Mickey or Minnie Mouse?