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    • This is the first item that I've ever claimed for - I don't really send too many parcels, probably 5 in the last 5 years, and only two with P2G / EVRi. I've attached two emails from P2G regarding their requiring the documents. They don't specify in the emails what documents I should be sending, although when opening the claim they were requesting that I needed photographic proof of sending - picture of the parcel with their label attached, in the EVRi ParcelShop. The second email is their closing the enquiry due to my failure to produce said document(s). I haven't yet drafted my claim letter, I wanted to be sure of this document situation first before I began action. But therein lies another problem. Not having a P2G account, I cannot be sure of the item value that I declared. The retail value at the time was £600, which is less than the £650 I paid several months earlier, so I would likely have used that, but I cannot be sure. And without having an account I can't be certain of the value I used - I may have declared more, but I doubt it. But, I know that I did properly declare the item and a value that reflected its then retail price. but now that the retail price has reduced substantially, even though the nature of compensation is to return the claimant back to their original position, without my purchase receipt, I was concerned that I may have to claim for less. And yes, I've been through the huge document store of information that you have, MoneySavingExpert, Which, Citizens Advice, Gov.uk "make a court claim", my own law books (annoyingly I specialised in consumer law when I studied for my law degree, but I graduated 17 years ago), and so now feel that its time to either act, or drop it. P2G Enquiry (2).pdf P2G Enquiry (1).pdf
    • I have found both forms online  https://assets.publishing.service.gov.uk/media/62e14db38fa8f5649f912647/TE9.pdf https://assets.publishing.service.gov.uk/media/60c73ad0d3bf7f4bd6a9bc69/te7-dart-eng.pdf   do i just fill in both forms and send to the address on them or directly to Manchester council  forgive my ignorance    thanking you in advance 
    • This is a little strange. Please pop onto MCOL, copy the claim history and paste it here.
    • I applied online via the website but got the attached reply which does not address my issue  any guidance where I can get this form from and how to do this process    thank you  I wasn’t given any ticket or anything similar at all  thanks 
    • Cheers @FTMDave  Yeah hopefully cases like this should discourage them from this nonsense as it’s surely adding to their overheads.     MCOL says defence received so will prep by reading through those links 
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LTSB - No agreement! ***GAME OVER***


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Erm.. Couldn't wait that long!

 

It's more wee & wind from BLS. Think i'll reply to this today and copy it to their head office.

 

I'm not caving in though! Hell no! Just for a little bit of background, the majority of this is for a loan going back to late '90s. The much smaller part is what they hammered me for charges and what was left of a small overdraft (yes I know the CCA doesn't cover the bank account part!), however, until recently i've never been one for keeping an account in order and subsequently TSB (later on Lloyds TSB) have absolutely hammered me for charges since 1983, so there's a counterclaim for estimated charges if it comes to that..! As I posted much earlier on they've already admitted that they can't locate the loan agreement, so this is going to be interesting from here on in.....

 

Latest letter...

 

bls25042007.jpg

 

Will do letter later (hungry now!)

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Can't seem to find a compliance address for LTSB but have found this..

 

Service Recovery Centre, Lloyds TSB, 125 Colmore Row, Birmingham B3 3SF.

 

Decided to reply to this address by Special Delivery, and copy it to BLS by Recorded Delivery, suppose i'ld better start getting realistic now! Gonna take a couple of days over the reply though, as they have after all been kind enough to give me 14 days before the pit bulls are engaged! :lol:

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Hiya Dave

 

If they can't locate the agreement how on earth are they going to carry out these threats???

 

I assume this is just scare tactics - or are they just plain stupid :rolleyes:

 

Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Just a quick update, letter going tommorow...

 

I do not acknowledge any debt to your company.

 

I refer to your letter dated 19th April 2007 in which threats of court action are made.

I further refer to your letter dated 20th February in which you state that you cannot,

due to the age of the account provide any copies of original agreement/s.

 

The fact that you cannot provide copies as detailed above also brings to question your

right to process in any form any data relating to me under the Data Protection Act.

 

The Consumer Credit Act 1974.

s.77 (4) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

s.78 (6) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

The Administration of Justice Act 1970.

Section 40 of the act provides that 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 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.

 

The Protection from Harassment Act 1997.

Section 1. - (1) A person must not pursue a course of conduct-

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

 

I am now preparing a suitable defence in contemplation of your action. I am also

compiling a complaint to the OFT which I have no doubt will be passed to Tameside

Metropolitan Borough Council Trading Standards.

 

Yours Faithfully,

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

 

Will defend this if they follow through like they threaten.

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Combined. The much larger part of the amount being a loan, and the remainder a small overdraft, both of which come under the Consumer Cedit Act (s77 loan, s78 o/d).

 

Regards, Dave.

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Combined. The much larger part of the amount being a loan, and the remainder a small overdraft, both of which come under the Consumer Cedit Act (s77 loan, s78 o/d).

 

Regards, Dave.

 

Hi Dave,

 

I am not sure that all overdrafts are covered by s78 of a CCA request.... running account credit applies to credit cards, etc. It may cover you, but I don't think you can rely on it.

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Yeah I know, thx p1 !

 

BLS/LTSB haven't throw in any arguements about it yet so will leave well alone. The majority of the whole original outstanding amount was for the loan and if they do say anything i'll just counter argue that even split proportionally the o/d would be paid off now.

 

Thx again, Dave.

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Got an update!

 

Out of the blue today.... I've recieved a complete statement of affairs detailing every single payment that i've made

(on time, every month!),

and..... ohh boy it includes the £1 CCA payment that's listed as recieved, and later "returned". (But i've got letters stating that they've taken £1 payment on debt!)

 

"23rd January... Payment from debtor... £1.00",

"19th February... Payment returned to originator"

 

All going back to 31st March 2000!

 

But still...... no agreement!

 

Just to reiterate... The last letter I sent to them I stated I was preparing a defence to their threats of court action (and a counterclaim for charges!).

 

Methinks i'll be calling on Tuesday asking for complaints procedure.... Also thinks i'll be sending them the, "give me my moneyback letter", that I sent to RW&C...

 

1st step to caving in...? We'll see!

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Just a quick update, had another look at the full statement they sent the other day, didn't realise at the time but it's set out to look like a judgement form! nono.gif

 

Complaints procedure letter being typed........ NOW!

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 4 weeks later...

Think i'm going to have to call them! :rolleyes:

 

Won't sign for my letters, won't return them or respond in any way...

 

Last 3 letters not signed for, not returned as incorrect address or refused to sign for... Our postman says this isn't possible even though rec/del isn't guarenteed.

 

Will update after call! ;)

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Hi diskmandave, i'm subscribed to your thread! Will be keeping an eye on what goes on for you. I've CCA'd LTSB for a credit card in my name and in my hubby's name and do date, like yourself, I've received absolutely nothing... can't believe it, both deadlines have passed. I haven't cancelled my payments yet, but i'm going to write my non-compliance letters 2mrw and cancel the payments after that. Can't believe the way they are treating you! Well I can..but it's well out of order! :-x

 

I am going through this with a load of other companies for my husband and have reported them to trading standards.. have you reported lloyds tsb to anyone else?

 

I wish you well and will be looking to see how u get on!

 

Good luck...:)

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Hi, becoming a bit of an old hand at this now. Here's a couple more of my threads to be going on with.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co.html

 

LTSB have gone completely dead on me at the mo...

 

Good luck, Dave.

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Thanx Dave, have had a good read and have subscribed. I've got all kinds going on atm. Just about to send letters asking for a final outcome as they have all defaulted + 1 cal month (well more than that even).

 

Will be tipping your scales.

 

Thanx again, will be reading with interest!

 

Pudsters14 x x x x :-)

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