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Legal and Trade obstructing payments


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I became disabled in 2002 and am unable to work. I have a small works pension and benefits and have to pay a large contribution towards 24 hour care.

 

I had a loan with the Bank of Scotland and I could no longer keep up with the payments. BOS passed the loan to Legal and Trade. They have been collecting the money and I get statements from BOS. I have at no time had a letter of assignment from BOS and the fact I get statements from them led me to believe the loan had not been assigned to Legal and Trade and that the latter were only acting as a collection agency.

 

Every month I have paid the agreed amount by phone - it is roughly one-third to interest and two-thirds to capital, so the amount has been coming down. L and T kept sending me letters to say in view of my commitment to paying the loan they could offer me a substantial discount but I couldn't clear it. Then last Saturday out of the blue I phoned to make my usual monthly payment and the operative said they were being asked by BOS to get increased payments from me. I said I couldn't do that - it was my usual amount or nothing. He said they would just have to take me to court then. I sad "Fine" and that was the end of the conversation.

 

I wrote to BOS and they have replied that I had to deal with L and T - no explanations. I have written again asking who exactly owns this loan.

 

I am in the weird position where a debt collection agency won't take my money! What bothers me about it most is that since they won't accept payments that is just going to add interest and that is unfair - and I really want to get rid of this loan.

 

Any and all advice on this would be appreciated. Nust or what?

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ok send a CCA to L&T

 

and wait see what comes back

 

if you dont know what a CCA is come back and ill give you the template.

 

but read around the forum

 

knowledge is power, and youll soon get the feel for things

 

if a DCA has it, should there be any interest charges?

 

someone else will answer this question.

 

all very strange if you ask me.

 

Kenny

  • Haha 1

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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I became disabled in 2002 and am unable to work. I have a small works pension and benefits and have to pay a large contribution towards 24 hour care.

 

I had a loan with the Bank of Scotland and I could no longer keep up with the payments. BOS passed the loan to Legal and Trade. They have been collecting the money and I get statements from BOS. I have at no time had a letter of assignment from BOS and the fact I get statements from them led me to believe the loan had not been assigned to Legal and Trade and that the latter were only acting as a collection agency.

 

It does sound as if they are collecting on behalf of BOS, so there would be no Letter of Assignment.

 

Every month I have paid the agreed amount by phone - it is roughly one-third to interest and two-thirds to capital, so the amount has been coming down. L and T kept sending me letters to say in view of my commitment to paying the loan they could offer me a substantial discount but I couldn't clear it. Then last Saturday out of the blue I phoned to make my usual monthly payment and the operative said they were being asked by BOS to get increased payments from me. I said I couldn't do that - it was my usual amount or nothing. He said they would just have to take me to court then. I sad "Fine" and that was the end of the conversation.

 

I have to say that this sounds very similar to one of my scenarios...paying for several years... sudden 'phone call wanting to up payments... followed by threats of a property charge, etc.

 

I wrote to BOS and they have replied that I had to deal with L and T - no explanations. I have written again asking who exactly owns this loan.

 

Very strange...

 

I am in the weird position where a debt collection agency won't take my money! What bothers me about it most is that since they won't accept payments that is just going to add interest and that is unfair - and I really want to get rid of this loan.

 

How much is still outstanding ?

Any and all advice on this would be appreciated. Nust or what?

 

The most obvious route would be to send a CCA request to L & T.... I will post the template on here shortly....

 

This is a legal request for your Consumer Credit Agreement (under the Consumer Credit Act, 1974)... most types of borrowing are covered by it, including bank loans. L & T have 12 working days within which to comply with your request, after which they are legally unable to pursue for any further payments.

 

If they are acting on behalf of BOS, they will then pass the account back to them and you can then deal with BOS directly.... by issuing a SAR to see if any unlawful charges have been added to the account. You can then re-claim these.

 

Under the circumstances, I would be inclined to forget the charges for now and send a CCA request to BOS as well.... because if no-one can produce it, then no-one gets any further payments from you until they do.

 

Please remember to send the CCAs by recorded delivery as this is your only proof that a request has been made. I will go and get the link for you....

 

:)

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Thank you, Kenny.

 

You are right! - I don't know what a CCA is an would appreciate the template.

 

I need out find out who actually owns this loan. Are agencies not allowed to charge interest?

 

Pinky

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I became disabled in 2002 and am unable to work. I have a small works pension and benefits and have to pay a large contribution towards 24 hour care.

 

I had a loan with the Bank of Scotland and I could no longer keep up with the payments. BOS passed the loan to Legal and Trade. They have been collecting the money and I get statements from BOS. I have at no time had a letter of assignment from BOS and the fact I get statements from them led me to believe the loan had not been assigned to Legal and Trade and that the latter were only acting as a collection agency.

 

Every month I have paid the agreed amount by phone - it is roughly one-third to interest and two-thirds to capital, so the amount has been coming down. L and T kept sending me letters to say in view of my commitment to paying the loan they could offer me a substantial discount but I couldn't clear it. Then last Saturday out of the blue I phoned to make my usual monthly payment and the operative said they were being asked by BOS to get increased payments from me. I said I couldn't do that - it was my usual amount or nothing. He said they would just have to take me to court then. I sad "Fine" and that was the end of the conversation.

 

I wrote to BOS and they have replied that I had to deal with L and T - no explanations. I have written again asking who exactly owns this loan.

 

I am in the weird position where a debt collection agency won't take my money! What bothers me about it most is that since they won't accept payments that is just going to add interest and that is unfair - and I really want to get rid of this loan.

 

Any and all advice on this would be appreciated. Nust or what?

 

Hi pinky69 I have been in a very similar position as you are in now, my wife and i are both disabled and due to having to care for my wife my own health suffered. I had to take early retirement due to this. As you I have a small private pension and benifits. Dont get me wrong I get plenty but just as you I have to pay a good deal for carers. To cut a long story short I could not manage financialy and needed help. A friend pointed me to a debt management company they got in touch with all my creditors and arranged to freeze interest and charges on a total debt of approx £12000. They worked out the amount I should be able to pay £230 on an income of £1200 every 4 weeks. I think you could try this route also send a CCA request to both BOS and Legal and Trade so you know who owns the debt and if you have any charges on the debt then advise them debt is in dispute and send a SAR letter. This may give you time to take a breath and think about what you want to do now.

 

keep your chin up you will get lenty of help from these forums dpick:evil:

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Thanks PO you beat me too it lol

 

but are DCA's allowed to charge interest?

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Hi pinky69 I have been in a very similar position as you are in now, my wife and i are both disabled and due to having to care for my wife my own health suffered. I had to take early retirement due to this. As you I have a small private pension and benifits. Dont get me wrong I get plenty but just as you I have to pay a good deal for carers. To cut a long story short I could not manage financialy and needed help. A friend pointed me to a debt management company they got in touch with all my creditors and arranged to freeze interest and charges on a total debt of approx £12000. They worked out the amount I should be able to pay £230 on an income of £1200 every 4 weeks.

 

You could have done this yourself.... £230 still seems a lot for you to pay out on £1,200. Are you paying the DMP for their services ?

 

I think you could try this route also send a CCA request to both BOS and Legal and Trade so you know who owns the debt and if you have any charges on the debt then advise them debt is in dispute and send a SAR letter. This may give you time to take a breath and think about what you want to do now.

 

The debt is in dispute as soon as a CCA or a SAR is received.

 

keep your chin up you will get lenty of help from these forums dpick:evil:

 

:)

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A SAR is a Subject Access Request... and is a legal request for all transactional data that a company holds about you, including payments, charges, 'phone calls, etc.

 

If you decide to go down this route, I will give you the link... but at this stage, you need to send a CCA (rec. dellivery) to L & T immediately.

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Thank you, Priority One.

 

I have done the letters for L and T and BOS and will get them off tomorrow. Hopefully whoever has the loan won't have a copy as it is now regarded as an "old loan". We'll see. I'll get back to you when the 12 days is over.

 

Best Wishes - and thanks again.

 

Pinky

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As a matter of interest, what happens if neither L and T or the BOS can produce a copy of the agreement?

 

Pinky

 

 

No Agreement mean there is no enforceable debt.... so in other words, you pay them nothing more. :D

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I am blushing... :oops:

 

If they have not complied within 12 working days, they are in default of your request and can no longer pursue you for payment without producing the doc. in court. :D

 

If they go an additional 30 days without producing the doc. they will have also committed a criminal offence if they continue to harrass you for payment towards a disputed debt. :D

 

Oh happy days.... :)

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An interesting development. My registered post request for a CCA has been received by the Bank of Scotland but not by Legal and Trade. They should have received it by this time - even with the holiday. Are they avoiding it? Do they refuse it as a matter of course? Anyone any ideas.

 

Pinky

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An interesting development. My registered post request for a CCA has been received by the Bank of Scotland but not by Legal and Trade. They should have received it by this time - even with the holiday. Are they avoiding it? Do they refuse it as a matter of course? Anyone any ideas.

 

Pinky

 

If you checked on the website.... sometimes it doesn't show up for a while, so try ringing the number on the back of the rec. delivery slip. One of mine didn't sign straight away though....

 

:)

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Thanks Priority. Hope you had a nice Easter.

 

I did phone and they said it was going through the system. I will give it a couple of days.

 

Pinky

 

 

Hi there Pinky,

 

Easter was lovely, thank you.... and I have the rest of the week off !! Hope you had a nice time as well.... and try not to worry.

 

:)

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Great you have time off!

 

I am not really worried because after I couldn't work I went through a bad time and came out the other end successfully. This is more a carbuncle on life's bum ( are you allowed to say "bum" on here?). This debt was coming down nicely and now they have become awkward for absolutely no reason. One thing that intrigues me is that since they made the threat of court nearly 2 weeks ago I have heard nothing from anybody- I was expecting the usual barrage of phone calls. They haven't a leg to stand on if they do go to court. I have been paying this regularly for 3 years and I cannot afford to pay anymore. I have 24 hour care and have to pay £135 per week towards the cost. No court would order me to pay more so this is just crazy. I am now really angry about it and I am normally placid but if I get my way they won't get another blasted penny! Ha!

 

Thanks for all your help. It is very much appreciated.

 

Pinky

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The plot thickens!

 

I spoke to Royal Mail today and my Special Delivery letter is sitting in L and T's PO Box waiting to be collected. If they can collect other mail, why not my letter??? Royal Mail said there is an agreement that they must collect their mail once a month.

 

I wonder where this leaves me as far as the 12 day period is concerned? Do I back this up sending them a copy of the letter by ordinary post? I still haven't heard a word from them - now almost 2 weeks. Weird.

 

Pinky

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