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    • We are not offended. But we try to give you advice all the way and you seem to want to go your own way including hiding the identity of the breeder – for whatever reason, I can't possibly fathom – except that during the time that you have been hiding their identity, other animals presumably may have been at risk and other purchasers also may have had difficulty. Had you posted the identity of the breeder here, people might have stumbled on this information and become aware. It seems to me absolutely normal that if you start taking advice from somebody then you stick with it. We are not offended, but is a bit frustrating to feel that we are putting effort into helping you – but in fact you are off doing your own thing and not necessarily in your best interests. Anyway, you've sent a 28 day letter so you have to stick with it. You say you haven't done this kind of thing before so you need to read around and find out the steps involved in taking a small claim in the County Court. Now you have a decision as to whether to look at the advice we give here on that or go to Which? or whoever else you may have been consulting. One of the problems about having gone to Which? is that although they have effectively given you a letter of claim to copy out which gives 28 days before taking legal action, they didn't explain to you that 28 days wasn't necessary and that the pre-action protocol only requires 14 days. So you came away from them not really understanding the whole story and the choices you had. I'm afraid I was find it very frustrating that these organisations which purport to inform and empower consumers don't tell them the whole story.   The reason why Which? gives this kind of softer advice is because they don't want to alienate themselves from corporate interests and they don't want to seem to be to pushy. Unfortunately we have found over 15 years that in order to assert your rights properly, you need to be pushy. The County Court papers are the great Equalizer between you and all sorts of commercial interests including huge multinationals. Still, let's see maybe your breeder will respond within 28 days with something satisfactory. However, you better be prepared and ready to take the next step – if you know what that is
    • Well it sounds like a breach of contract which has substantially deprived the purchaser of the entire benefit of the contract – which amounts to a breach of condition which means that the contract can be treated as terminated. After that  section 75 consumer credit act   See if there has been any communication with the finance company. Send them an SAR – do it now.
    • I didn't realise there was much difference, this is my first time doing anything like this so maybe a bit ignorant. Sorry for any offence caused.
    • We probably signed it around Oct 2018 On the original sofa we received back in jan 2019. Harvey’s agreed to replace that one as it basically fell apart within months so the replacement was on the same agreement which we ordered October 2019 We have around £900 outstanding on the finance.     
    • Well don't think I'm being territorial about it, but you come to us for help and then you use templates and advice from other organisations. I don't understand why you mix and match. 28 days is far too long – especially given the difficulties you have had so far. Pre-action protocol only requires 14 days. The 28 day now takes you slap into Christmas and New Year's et cetera and causes additional complications. You should understand that organisations like Which?, Citizens Advice and so forth are all very well but their approach is far too gentle and am afraid that to deal with companies or traders that won't honour their consumer obligations to you, you need to be assertive and keep them on the back foot. I'm not too sure how you think that giving the breeder 28 days rather than 14 days places you at any kind of advantage or that the breeder is likely to be more cooperative. Short, rigid deadlines are far more likely to keep your potential defendant focused on the issues. You have sent the 28 day letter now so there's nothing you can do about it. However I think you need to settle on where you are going to take your advice from and stick with it. We are quite happy to stand aside – and it would be better if you did decide because unlike Which? and citizens Advice we don't get paid and we put our effort in for free.
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Been paying Wetcloths for 15yrs on LLoyds debts from 2005


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Hi

 

I have asked Lloyds for bank statements dating back 4 years,

the account has recently been closed and past on to a debt recovery company,

 

I am disputing the amount I owe and need the statements to work out the charges etc.

LLoyds have said that all records are deleted when they close an account ,

is this true?

can I get statements?

 

Thanks for any help

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Every morning look in the mirror, repeat 10 times, I must not talk to a DCA   Personally I say, stuff 'em , don't pay another penny.    

not true.

send your dpa sar request with £10 , they have 40 days

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Mortgage Express charges- settled in full after issuing claim

 

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To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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with dpa it gets you 6 years statements, for scotland its 5 years

 

if you had your statements from before the 5/6 year period, u could try claiming further

  • Confused 1

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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Can I send the Preliminary letter before I have worked out the total of bank charges?

I am only just sending the letter asking for statements for the last 6 years, so it will take a few weeks atleast until I know the full total amount. I want to get the ball rolling.

 

I can only go back 6 years from the moment the bank are aware that I want the charges back so the sooner I send the Preliminary letter the better, is this right?

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Hi CJHooker.

 

The answer is no.

 

How can you ask them to repay you an unspecified sum?

You need to enclose your schedule of charges that you are reclaiming. You can't do that if you don't know yourself!

 

Your question indicates that you have not read the FAQs so you are obviously trying to do this blind-folded.

 

You are planning to sue, in a court of law, a major financial institution with unlimited finances and an office full of corporate lawyers.

If you are not properly prepared, they'll eat you for breakfast and use your bones to pick thier teeth afterwards.

 

This is a self-help forum so you MUST be prepared to help yourself.

Its your claim.....Your money.....Your homework.

 

Please spend a couple of days, at least, reading the FAQs and the step by-step guide in the library section.

 

If you follow, faithfully, the methods outlined on this site, then you will win. But if you try to go your own way or ad-lib, then you'll only have yourself to blame if it doesn't quiite go the way you expect.

 

Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Hi

I will try and be as concise and short as possible.

 

I have a debt with Lloyds of £12k

I initially took out a loan for £3k,

I got into trouble

had to get a consolidation loan for £7k

 

I again got into financial difficulty and ran up an overdraft of £3k.

 

All of this has been with Lloyds.

I got into trouble with the loan because I was out of work or had little work

when I tried to claim on my loan insurance was told I could not claim because I was an agency worker,

 

I complained to the ombudsman who said I had been missold the insurance policy,

but he didn’t think it would have made a difference as to whether I could have afforded the repayments,

 

after his decision Lloyds offered to pay back the insurance policy and any interest (yet refused to do this when I first got into trouble)I

declined the offer because I feel I Can prove it would have made a difference.

 

The insurance was £30 a month,

I was being charged for unauthorized overdraft and for late payments,

I would not have got into so much debt if I hadn’t had these costs,

in fact I could have probably kept up repayments.

 

ntil a few months ago I was paying a reduced monthly amount of £100 then with out notice

(the bank had an old address even though I had rang to change it)

my debt was passed on to the debt collectors.

 

I have sent the letter asking for my statements for the last 6 years along with £10.

 

I am worried the debt collectors will start court proceedings against me before I can get my dispute up and running.

 

How can I hold them off?

If the ombudsman agreed I was missold the policy and

I can prove it would have made a difference financially what money should I try and get back?

 

Thanks for your help and thanks for a great site.

Ps. I am currently brushing up on my rights and what to do next, through your FAQ’s

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Hi - take a bit of time to read up first to make sure that you have the facts before going too far ahead. Read the FAQs and template letters then have a good read around here to see how others are getting on.

 

Keep any progress on your own claim or questions that arise in a new thread in the forum for your bank to make it easier for others to follow and advise you. There's a set of links in my sig below that will help you find where all this useful information is. Well done for getting started! :)

 

Inform them that the account is in dispute and reason to stop further action.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

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Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Hi,

 

Have been only on CAG a short while but you can get lots of help.

 

First of all send a CCA letter to the debt collection agency, I believe they cannot chase the debt whilst the account is in dispute, but someone will have to clarify this.

 

You can get the letter template from the forum main page, there is hope and help, just ask!!

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Guest 10110001

Debt collectors dont take you to court.

 

They just negotiate the debt and get you to pay it using peaceful means only. They might threaten 'legal action' and all that, but they are not regulated to do any professional litigation.

 

If you dispute a debt with a debt collector then they have to return the account to their client.

 

For large debts (£6-£7000 upwards) the debt collector will try and act as a mediator for resolving the dispute between you and their client.

 

With unsecured debts, the burden of proof is with the client that you actually owe anything.

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  • 1 month later...

Hi

I am currently claiming for bank charges and a miss selling of loan protection, I took out a loan in 2001 for £3000 I paid it off with a consolidation loan in 2003, I think I paid £4600 back. If I had loan protection on the £3000 loan should this have been credited back If I paid the loan off early? I can't work out why I paid £4600.

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My view is that you should stick to the terroritory we are fairly certain we will be successful with, i.e. bank penalty charges and the related interest and put the loan miselling to one side for another action.

 

I do not know enough about your mis-selling position, or mis-selling at all.

If I have been helpful please click on my star and add a comment.

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Sorry I now see your question, I thought you were on about the mis-selling of the entire PPI.

 

This is not really my bag, but the terms and conditions (the small print) should cover this eventuality. If there is no express term to cater for early repayment in the conditions or you do not have them, I would write to them initially to ask for a refund and or the conditions.

If I have been helpful please click on my star and add a comment.

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  • 5 years later...

Hi I'm hoping someone can help,

 

I defaulted on a loan and overdraft six years ago with lloyds

 

both of these have now been wiped from my credit history with equifax and experience etc.

 

I pay £40 a month to a collection agency(all I can afford).

 

Since the default I have never had any correspondence with lloyds, only Allied (the collection agency).

 

Out of the blue I get a letter from lloyds saying they have changed collection agency's

and I need to ring them to set up a new payment plan.

 

Will this effect my credit files again?

 

Why do you think lloyds have done this?

 

And could lloyds suddenly ask for all the money back?

Thanks for any help!

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as long as you are SURE the letter DOEs come from LLoyds

 

we have known DCA's to 'copy' letterhead

proporting to be from the OC!!

 

did this 'debt' include any PENALTY fees?

 

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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fees?

 

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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really you sure?

 

that would be a first

 

have you got all the statements?

 

also

 

are you saying thr two debts were rolled together by whom?

 

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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I think the two debts are separate but I pay £40 to Allied, I have only had contact with Allied since the default, do you think it's weird that lloyds are getting involved again is it just coincidence that its at the same time it's wiped from my credit history?

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  • 2 weeks later...

Hi all I have set up a new payment plan with the new collection agency.

Does anyone know what would happen if I stopped paying lloyds, could they still chase me for money if the original default is more than six years ago?

 

Cheers for any help

 

Is there any chances that after six years my debt has been stature barred ?

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  • dx100uk changed the title to Been paying Wetcloths for 15yrs on LLoyds debts from 2005

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