Who takes priority?

[in the corner fighting]

Lloyds have just sold the other 5 to Cabot, so that I preume is why I can't access my Lloyds computer banking. I don't have accounts with them any more! I have spoken to both Aktiv and Cabot who both said they are happy with £5 a month on each account by standing order.

Cabot even went so far as to say that they could reduce the amounts of repayments if I was in further hardship!!!(really?)

 

Both said they would review the situation in 6-12 months. and are happy with standing orders.

 

So I will set them up myself as requested.

 

So can I still SAR Lloyds as I would like to see if they are hiding anything?

 

Also is there any further advice that you can give me or wait to see if all this goes OK or if there is a sting in the tail somewhere?

 

Thanks again folks for being there for my wife and I It is more comfort than you know!

[dx100uk]

oh yea why have they sold them?

 

why are you ringing fleecing DCA's???

 

get some CCA's off

 

STAY OFF THAT PHONE!!

 

do not pay them ANYTHING till they comply with the CCA requests

 

get that SAR off to Lloyds

 

something smells here

 

dx

[dx100uk]

if you have given them ANY bank or card details CANCEL THEM NOW

 

dx

[in the corner fighting]

No I have not given them any bank or card details.

 

All I have said is I will set up Standing orders myself to replace the Lloyds ones.

 

I will sar Lloyds by monday.

 

As the letters from ths DCA's included a notice of assignment from Lloyds so why do I CCA them?

Obviously I wll do as you say as if I ask for your help I will act upon it.

 

Thanks dx.

 

The only reason I rang them was to get their account details.

 

I will be out for a couple of hours now but will come straight back to you on my return if you reply.

[in the corner fighting]

No I have not given them any bank or card details. All I have said is I will set up Standing orders myself to replace the Lloyds ones.

I will sar Lloyds by monday. As the letters from ths DCA's included a notice of assignment from Lloyds so why do I CCA them? Obviously I wll do as you say as if I ask for your help I will act upon it.

 

Thanks dx. The only reason I rang them was to get their account details.

 

I will be out for a couple of hours now but will come straight back to you on my return if you reply.

[in the corner fighting]

Double post sorry

[dx100uk]

they must hold CCA's [where applicable not bank accounts]

 

notice of assignment & the letter from LLOyds will be on copied letterhead from Cabot.

 

your CRA file will tell you the owner

 

i'd get them for both of you anyhow

see below

 

dx

[in the corner fighting]

Will do dx

 

the more I think the more I agree with you, something is not right here.

 

The only reason I rang them was to get account numbers for standing orders rather than the "helpful" DD form supplied.

 

I have been self employed for 30 odd years and I still can't get my head around why anyone would buy £45,000 of debt that produces £25 a month

unless they can see some opportunity for them?

 

I will dig in as I like you someone is hiding something somewhere.

 

They must have(assuming they have) bought these debts very cheaply.

 

Clearing the books of bad debts prior to flogging off Lloyds maybe?

[in the corner fighting]

Signed up to noddle got the activation email with pin. Tried to activate and it comes up with incorrect user name or pin(def correct) Emaied them for help. Not there till monday so I will have to wait a couple of days. Annoying as you have got me fired up to get on with things.

 

Sorry if I post too much but I like to keep you all in the picture. I see many threads on the forum where people ask for help and it is freely given only for them to take advice and disappear without giving a result or thankyou. I am not one of those!

[2Grumpy]

I still can't get my head around why anyone would buy £45,000 of debt that produces £25 a month unless they can see some opportunity for them?

They must have(assuming they have) bought these debts very cheaply.

 

Clearing the books of bad debts prior to flogging off Lloyds maybe?

 

They do buy debts very cheaply. LTSB do seem to have been selling a lot recently, presumably making some short term decisions and writing off the losses against tax ...

[in the corner fighting]

First a thank you to this forum.

Without you I would be running about like a headless chicken.

This week due to my disabilities I was unable to walk or use my hands very well so instead of trying to get postal orders

and write letters and post them I am taking a couple of days off from dealing with this and appreciate the world around me instead of debt for once

 

 

Lloyds Tsb sent me a duplicate set of documents that I had already received from Cabot

they will get a SAR sent to them tomorrow(they seem very keen to let me know they have sold the debt!)

 

Also without you I might have got suckered by item 4 of cabots small print

 

This is what they say

 

"Cabot Financial(Europe)Limited is the data controller.

You have the right of access to information we hold about you.

If you wish to obtain a file ondata that we hold about you then you must write to:

The Data Protection Officer. Cabot Financial (Europe) Limited, 1 Kings Hill Avenue,Kings Hill, West Malling ME19 4UA.

We are allowed to charge a fee of £10 for this service and may request evedence about your identity

(for example copy of passport or driving licence)in order to complete your request.

 

Seems they do not mention CCA's and the fee for that in the small print.

 

Let me think for a moment 5 accounts 4 in my name 1 in my wifes £20

 

cca on the same terms £5 or am I totally misguided?

[Bazooka Boo]

CCA's £1 yes.

SAR's £10...

 

And it would be very advantageous to send the SAR, at the very least by recorded delivery, if not CCA's too.

[in the corner fighting]

I am sending 2 SAR's to Lloyds(one from me and one for my wife) should I just leave the SAR to crapot and send CCA,s instead.

 

Another Question(sorry but if you don't ask you don't learn)

 

As the CAB originally arranged my payment plan, should I also ask the Bank and DCA to get in touch with them as well (as they both seem to like to sprinkle letters around)?

[Bazooka Boo]

If the two accounts with Lloyds are separate then yes, £10 for each one.

 

And IMO I would just send Cr@pbot a CCA (as long as this agreement is pre 2007?)

 

If the CAB are no longer involved then again IMO I wouldn't confuse matters, have you got evidence of payments the CAB arranged/made?

[in the corner fighting]

Bazooka Boo 5 accounts in total with crapot 4 mine one wifes 2 with Aktiv K one of each.

 

At the moment I do not know of dates a bit confusing at the moment so loans rolled into other loans some new ones taken out.I would think all loans if Lloyds did their fishing properly would have us both on loans post 2007. On the CAB yes I have evidence on that as they did it for us.

 

Thank you for your help.

 

One of the things I have now learned if a Bank throws you a lifebelt when you are drowning look out for the bloody great hook inside it!!!

[in the corner fighting]

Sorry for the deay in replying. I have postal orders one for me and one for my wife to go to Lloyds TSB tomorrow for SAR's.( I have been unable to walk or drive since last week due to ill health but I am up and about again!) As I have been unable to really use my hands either I have some questions that I have wanted to ask, so here goes

 

1 I will be sending CCA's to both Cabot and AK who both "Data Controllers " on the respective alleged accounts. What information(true copies) do I need to prove they have enforceable agreements?

 

2 I would like to remind them of their obligation when "buying these alleged accounts" to honour the TSB installment plan arranged by the CAB and religiously stuck to by us Is that a wise thing to do?(Bazooka Boo I have just noticed you last question, yes I have a copy of the CAB arrangement made on my behalf with TSB. Sorry my bad in overlooking replying to you on that)

 

Although both my wife and I are seriously disabled and live on pension credit and attendance and carers allowance we can just about afford the payments of £5 per account per month. We are not looking to get out of paying this arrangement but but the same token do not wish to be hounded for the rest of our lives to increase this. I am 68 and my wife 71 in a months time! Although I have more physical disabilities than physiological ones it is the reverse for my wife who could not deal with DCA's. So to end on a not to cheerful note I am likely to pop of first!

 

BTW I am sure my questions have been answered here many time but I can't find then so I am sorry to ask again.

[Bazooka Boo]

Good to hear your feeling better.

 

In my opinion, if £5 a month is a stretch, then you should take a serious look at reducing it to £1 a month per debt.

 

SAR is good, ensure you send them recorded delivery if you can, if not then please obtain proof of posting which is free from the PO counter, but RD is definitely preferred.

 

Did you take these accounts out prior to 2007?

If so the CCA requests you send cr@pbot and AK should turn up a copy of your 'original' agreement, the one you signed when you took out the agreements, if not, then they MUST hold one and be able to produce it in court in order to enforce it and win.

 

Have they definitely bought these accounts?

Have you checked your credit file to see what if anything is on there?

 

I would seriously consider dropping those payments to £1 a month, I'll have to go back and re-read the whole thread and see how old this is..

[in the corner fighting]

Thank you Bazooka Boo. T

hank you for your help. I

 

do not know at the moment which goes back to prior 2007 until I get a SAR back.

 

All I know is 2credit cards will TSB swapped then from Maestro to visa or visa versa at some point.

 

Loans were taken out pre 2007 and then rolled into larger ones, the dates escape me at the moment.

 

The only ones I can be sure of are the one for 13,00 and a credit card for 2,500 given to my wife in 2010 when she was 68 with no income or assets.

 

I will try and get what info I can but the advice was given to me by the CAB to bin it all including the begging letters as Lloyds

had agreeded a payment plan(now we know where that all ended up)

 

In their defense they could see how upset we were with all the demands and 3-4 calls a day from India and threatening letters.

 

Just as a last comment I an glad you are sticking with me.

 

Things that may seem easy to deal with by others go round and round in our heads and without you

and this forum you think the worst.

 

We thank you so much for being there for us.

 

Maybe some would think silly old sods but our minds don't let go easily at our age.

 

Thank you.

 

My name is Paul btw and

 

I dont care who knows it.

[Bazooka Boo]

All I know is 2credit cards will TSB swapped then from Maestro to visa or visa versa at some point

 

Did you sign new agreements when this happened?

 

Loans were taken out pre 2007 and then rolled into larger ones, the dates escape me at the moment

 

When you say 'rolled into larger ones' do you mean you took out 'consolidation loans' to pay the smaller ones and have a bit of money to spare?

Or do you mean they rolled them into one large debt?

 

I would say that you have a very good argument against the bank using BCOBS http://fshandbook.info/FS/html/handbook/BCOBS

 

If they had an agreement with you, and you were sticking to that agreement, paying them the agreed amount without fail and they then passed it onto a DCA, then they have broken that agreement, so you would be well within your rights to drop your payments to £1 a month to the new owners whilst you are taking the bank through their complaints procedure and exhausting it so as to escalate it to the FOS. Or they take back ownership of the account and begin acting like adults.

 

I would simply file all the begging letters from the DCA's for the time being, they seriously hold no truth or legal power whatsoever and can be ignored, as long as you are paying something even if it is the legal token minimum of £1 a month, then they will be extremely hard pushed to get this anywhere near a court, least of all interest a Judge to read their flawed claim.

A couple of years back there was a retired couple with a debt, and no real means of paying it off, the deluded DCA took them to court, even though they were paying as much as they could possibly afford, and the judge ordered them to pay 50p a month! Much to the disgust of the foolish DCA.

 

Wait for the SAR (40 calender days) then take it from there.

The begging letters are purely designed to threaten and intimidate you in your own home, something which I find truly despicable in this day and age, and something which every corporation should be shut down for who uses such childish practices simply for their financial gain.

 

Their letters are computer generated and are sent out by the hundreds and thousands, the purpose of these 'official warnings' and threats of 'legal action' are psychological rather than actual once this is realised their letters cease to have any effect or credibility.

 

Your not on your own Paul, there are tons of people in the same boat and just as many who know how to deal with these parasites, including their foolish harassment practices be it by phone or letter, all can be stopped or laughed at, or both!

 

Jon...

[in the corner fighting]

Jon

 

"Did you sign new agreements when this happened?" Not to my knowledge it was some years ago.

 

"When you say 'rolled into larger ones' do you mean you took out 'consolidation loans' to pay the smaller ones and have a bit of money to spare?"

Yes that was the case.

 

In the case of credit cards they kept just upping my limit without me even asking.

 

Me being very short of money due to my health juggled all the balls in the air paying one with another and that is when they started the same trick with my wife.

 

Finally in Feb 2011 my health went totally and the walls came crashing down.

 

I will pay crackpot and AK at the same rate as TSB to show that I can honour the original agreement

until such times as all relevant paperwork is produced by all parties with the proviso that it is returned to me

 

if the original(alleged) debts can not be produced in the legal time frame,

 

I wiii send by recorded delivery.

 

My thinking on that is if things get silly I can say in court I kept to my side of the bargain.,

 

despite any hardship it may have caused my wife and I*.

 

If you do not think this is a good idea please tell me and I wont do it.

 

It works out a £70 which I would have paid TSB if they had not flogged the accounts in a hurry despite letters

from them to the contrary dated May 2013 saying they would look at the accounts in another six months,

 

all then sold on 24th June(my doesn't time fly!)

 

Thanks again for your help, you are keeping me sane and I can sleep peacefully at night without going over these things in my mind over and over again!

 

*As time progresses our health is getting worse and as this money is being paid out of our pension credit,attendance allowance and carers allowance

our only income there will be more calls on this so I will may have to tell them a £1 a month or lump it

 

All our medical problems can be proved by our Doctor and he is happy to write to them

if required but it will cost them £32 each for my wife and I.

 

I wont be paying it so stuff that for a game of soldiers!

 

Paul

[dx100uk]

that SAR will be interesting

 

if we can prove a chain of refinance

 

you might well be in for some mighty PPI? reclaim.

 

dx

[Bazooka Boo]

Any money you pay AK and cr@pbot won't be returned, so IMO I would strongly recommend droppint the payments to £1 a month, you have to live first, debts and especially non priority debts come at the very very bottom of the list of things to pay.

[in the corner fighting]

Thanks folks I am looking forward to the SAR for my wife and myself now and a quid it is!

 

Right at the beginning DX smelt a rat so The SAR'S should be popping in the rat hole by now!

[Bazooka Boo]

Agreed, and £1 a month for the life of the debt, or until it's proved they don't have anything enforceable in order to collect.