zubo vs LLoyds TSB (Credit Card)

[zubo]

Hi All

 

Bit late posting this.

 

Sent covering letter placing 2 accounts in dispute because of unlawful penalties and requesting info for me to investigate before I resume payments.

Sent S.A.R - (Subject Access Request) with 2x£10, Sent CCA S77-79 request with 2x£1 (see seperate thread if you are interested or pm me).

 

9 days later silence...:grin:

[zubo]

mmm,

 

did I say silence....

 

I wish!!

 

I now get on average 4 calls perday chasing me to deal with this and since I will not divulge personal details over the phone (because of potential ID theft) then this really annoys them.

 

I wrote last weekend pointing out that they had not responded to either my SAR nor my CCA request, and that the number of calls amount to harrassment and I would report them. Nothing.

 

Friday from 19:15-19:22 I received 5 calls - 3 on the landline and 2 on my mobile. I will not discuss with them over the phone so I will invoke the law of the land re harrassment with an LBA and then an N1.

[GaryH]

Here you go, this might be useful - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[zubo]

ok, this goes off on Monday:

 

I am writing to you in relation to my recorded letter of the 4th March stating that you were committing an offence of harassment and requesting that you cease and desist.

Despite this letter I am continuing to receive daily 4-5 phone calls from your call centres chasing payment on my accounts despite that I have made it clear to you that I require from you full compliance with Consumer Credit Act 1974 and the Data Protection Act 1998. To date I have received absolutely no response to these requests. This harassment has now escalated to the point that on Friday 9th March 2007, your call centre called me on 5 separate occasions from 19:15 to 19:22 using two different phone numbers.

There can be no other interpretation of this except that it is completely excessive and is harassment and as my previous letter points out is unlawful.

Allow me to be very specific:

Section 40 of the Administration of Justice Act:

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-

(a) harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand,

(2) A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

Furthermore your attention is drawn to:

Both the Office of Fair Trading and trade associations (run by the credit industry) have produced guidance on what activities may be considered harassment and should therefore be avoided by creditors. The following list is taken from the new Debt Collection Guidance for holders of consumer credit licences.

Creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are "considered unfair":

“PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE.”

This includes:

• Contacting you too frequently

I have made it quite clear that you are in breach and have committed a number of offences.

You are instructed with immediate effect to cease and desist and notify me in writing that you have done so.

Failure to do so would leave me no alternative but to pursue remedy through the courts including compensation for the harassment. In addition I will be lodging a complaint with the TSO with a view to seeking prosecution by the TSO and subsequent to a successful prosecution I would be asking the appropriate licensing authorities to review your license since the prosecution is likely to provide evidence that LLoydsTSB as a creditor is no longer a ‘fit and proper person’ to hold a consumer credit licence.

[zubo]

Gary

 

thanks, the letter I refered to above was exactly the template one - they just ignored it.

 

Lets see if they ignore my latest...

[Pondfish]

Zubo,

 

with regard to your last letter,

 

Just wondered if you ought to add that you are happy for them to contact you in writing?

 

I know you probably mentioned it in your last letter, but it may look better if you are seen to be offering an alternative line of communication?

 

I too have been plagued with calls from Lloyds with regard to overdraft and loan arrears - i know how annoying this gets, and although i can cope with them, my wife gets very worried about it.

 

Shoot me down in flames if you like, but see what you think!

 

Pondfish

[zubo]

Zubo,

 

with regard to your last letter,

 

Just wondered if you ought to add that you are happy for them to contact you in writing?

 

I know you probably mentioned it in your last letter, but it may look better if you are seen to be offering an alternative line of communication?

 

I too have been plagued with calls from Lloyds with regard to overdraft and loan arrears - i know how annoying this gets, and although i can cope with them, my wife gets very worried about it.

 

Shoot me down in flames if you like, but see what you think!

 

Pondfish

 

Pondfish

 

The short answer is yes, you need to be seen to be reasonable, but you have not seen the background this is based upon - so here there is nothing to discuss - I have made my position clear.

Allow me to summarise:

Written to them saying I think they have been unlawful, accounts are in dispute, formal requests for both SAR and CCA on both accounts.

No response.

just calls - pay your dues... attempting to ask where replies to my letters get nothing, so now ignoring call centre people.

My first letter - dont call me - reply to my letters - no reply.

calls continue

This letter and all their calls will be timed and a record made.

 

So you see ... nothing to discuss in writing...

[Pondfish]

OK Zubo,

 

No worries, just thought i'd throw in my 2 penny's worth, but looks like you have it all covered.

 

I don't doubt any of what you are saying with regard to Lloyds!

 

Good luck, hope the letter sorts things out for you.

 

I turned to the CCCS for help in the end, and that seemed to do the trick!

No phone calls for weeks now, and i'm only paying a token £1 per month towards the debts! I got the interest stopped as well. :D

 

If you are interested i can post some details.

 

Pondy

[zubo]

OK Zubo,

 

No worries, just thought i'd throw in my 2 penny's worth, but looks like you have it all covered.

 

I don't doubt any of what you are saying with regard to Lloyds!

 

Good luck, hope the letter sorts things out for you.

 

I turned to the CCCS for help in the end, and that seemed to do the trick!

No phone calls for weeks now, and i'm only paying a token £1 per month towards the debts! I got the interest stopped as well. :D

 

If you are interested i can post some details.

 

Pondy

 

thanks Pondy

 

Support on the site is quite remarkable!!

 

I'll see how my main strategy pans out, but I'll keep you in mind re CCCS if all else fails....

[zubo]

I almost missed their SAR response.

Basically a letter from Vicky saying that their charges are fair and my request for SAR is being sent to the department concerned - but no mention of the CCA request.

Thats just dandy... I am sending them a default notice on both accounts since 12+ days have expired.

[ncf355]

Zub

 

interesting

 

I sent Lloyds a credit card s78 request and have received a bundle of info about the account (similar to a sar, but also containg details of card issues dates, account numbers, credit limits)

 

But no actual CCA, so the fun continues!