Legal and Trade obstructing payments

[kennyparkroad]

you can only really use the 12 days from reciept so after thay gave signed for it.

 

no dont send ordinary, because then you still have no proof!

 

do you have a fax machine?

 

i tend to fax them, print a fax header out as proof.

[Pinky69]

I am afraid I don't have a Fax machine,Kenny. I guess I am stuck in limbo with this but their obstruction - not taking payments and not signing for mail for which I have the receipt is just nuts. I will just have to wait and see if they collect it. Thanks anyway for the advice.

 

Pinky

[kennyparkroad]

if you can get them a fax number id be happy to fax it to them, print you out a header sheet to say its been delivered and send you it? either by mail or scan?

[Pinky69]

Thanks for your offer, Kenny. I'll leave it for now to see if they pick it up. What's strange is that I have heard nothing from them at all - no phone calls, no letters, nothing. The Bank of Scotland insisted I deal with them and to be honest I have never been sure whether L and T owns the loan or is just acting for the BOS. I didn't get any letter of assignment. I get 6 monthly statements from the BOS but they won't take any action of any kind on it and simply refer me back to L and T. Whatever the case, it's a piece of nonsense. I am going to do my damndest to see they don't get another penny after all their carry on! Ha!

[Pinky69]

Well, some developments in this saga. L and T have received my CCA request and have replied that they have requested the agreement from the BOS and that my account is "on hold" until they receive it. No word from the BOS. So I continue to wait.

[PriorityOne]

It's looking good, Pinky.

 

[Pinky69]

Thanks, Priority. Here's hoping.........

[Pinky69]

This is day 12 (+2) and no copy credit agreement from the Bank of Scotland. As I suspected, they don't have one. Legal and Trade's time isn't up yet but if the BOS don't have one, they won't have one either. So, what happens next and what do I do now? Thank you.

[PriorityOne]

Hi Pinky,

 

If they can't produce a CCA... then you can stop paying . If they have still not supplied one in another calendar month.... report them to TS and the OFT.

 

There is no need to contact BOS or L & T to inform them of their non-compliance... just keep hold of everything that they send you. If they cannot substantiate the debt, then they have no business trying to extract payments from you. If they continue to chase you after the additional calendar month, they can be reported for a criminal offence.

 

[Pinky69]

Priority One - I was hoping you were there!

 

Thanks for the advice. I will just sit tight and wait to see if either of them get in touch.

 

Pinky

[Pinky69]

Well, that is it - the 12 days (+2) and 30 days are over - and there is no sign of a credit agreement - I didn't think there would be. In the interim I had a letter from the Bank of Scotland returning my pound and saying that Legal and Trade were dealing with it. I had a letter at the beginning of April from Legal and Trade saying that they were contacting the Bank of Scotland about the agreement and in the meantime my account was on hold. Since then nothing- zilch.

 

So, what happens now? Thank you for your continued advice.

[ODC]

It would appear Legal and Trade have no agreement so should not be pursuing you. You can do two things

 

1. Ignore them

 

2. Write to them and ask for details of their complaints procedure and complain about demanding money that they cannot prove you owe, harrasment etc etc

Complain to Trading Standards

[Pinky69]

Thank you for your reply CD. My preferred choice would be just to ignore them because I have a feeling I am not going to hear from them again. They know the score and I think if they had been going to contact me they would have done so by now. If they do, I'll come back for more advice. Thank you again.

[dpick]

Thank you for your reply CD. My preferred choice would be just to ignore them because I have a feeling I am not going to hear from them again. They know the score and I think if they had been going to contact me they would have done so by now. If they do, I'll come back for more advice. Thank you again.

 

Hi pinky I agree with you and am doing the same though I would give you same advice I was given keep all corispondence for at least 6 years for statute of limitations.

 

dpick:p

[Pinky69]

Thank you dpick - I will do that. Out of interest, how long ago did you request your agreement?

[kennyparkroad]

pinky i requested one of my agreements 7 months ago, they are still chasing and have now passed it onto someone else, and trading standards are involved have a look at my thread "in need of major help" youll see how calm and confident i am now

 

just ignore them, but if they do get in contact again, report them to Trading Standards.

[dpick]

Thank you dpick - I will do that. Out of interest, how long ago did you request your agreement?

 

Hi pinky all my CCA requests sent out 28/02/2007 all missed 12+2 days but all replied within 1 month but none complied in full with CCA request,

2 application forms, 1 agreement recieved as agreements only 1 sent terms and conditions (from 2005 not 2000 when I got card) and all of them did not state the credit limit, the rate of interest, details of any power to vary the agreement or debtors repayment obligations so even if classed as an agreement they would be improperly executed and have been advised all are unenforceable even if they could be classed as an agreement.

 

As you can probable tell after years of having these mongrels on my back after ill health and company I worked for folding I am now enjoying myself.

 

dpick:p

[Pinky69]

Thank you dpick and kenny. I just got so mad when they asked me for more money (I am disabled and pay towards my care) and threatened to take me to court that I asked for advice on here. I now know they were never in a position to take me to court and I was paying them regularly - they have shot themselves in the foot! Thank you again for your wonderful advice.

[ODC]

 

As you can probable tell after years of having these mongrels on my back after ill health and company I worked for folding I am now enjoying myself.

 

dpick:p

 

I had these **** on my case for ages but now I HAVE taken control and thanks to this Forum and the excellent advise feel able to beat them all. Like yourself I find I have a lot of time on my hands myself due to illness and enjoy going through this forum which I find informative. It must be a real pain in the butt to the mongrels when the people they phone to intimidate know more about their rights than the monleys who browbeat, bully and lie.

[Pinky69]

Hello Again,

 

The Bank of Scotland do not have a Credit Agreement for a loan I was paying - I did the 12 days and 30 days in April. I am still receiving staements from them and today received a threat of court action. Can someone explain to me what offence they are committing trying to pursue this and what can I do to stop this? Thank you.

[kennyparkroad]

they are commiting a summary criminal offence.

 

write back to them at the address on the court letter, and say that "non-compliance of CCA is a complete defence to any court action taken" and enclose copies of your previous CCA/SAR requests.

 

If you did SAR them did they cash the payment?

[ODC]

Hello Again,

 

The Bank of Scotland do not have a Credit Agreement for a loan I was paying - I did the 12 days and 30 days in April. I am still receiving staements from them and today received a threat of court action. Can someone explain to me what offence they are committing trying to pursue this and what can I do to stop this? Thank you.

Who did you get this threat from. If it was from L & T then its just another threatogram.

 

As the have gone pat the 12 + the calendar month report them to Trading Standards. Also write to them and DEMAND a copy of their official complaints procedure. If the original Creditor cannot produce the Credit Agreemnet the L&T are bluffing. What are they going to use in any supposed Court case against you. You have beaten them and they know it

[Pinky69]

Thanks for that Kenny.

 

Legal and Trade were dealing with it. They cashed the cheque but not Bank of Scotland (I sent them both a payment). B of S sent me the postal order back and said Legal and Trade were dealing with it - I never heard from Legal and Trade again after they were unable to produce the agreement. This week I have had a statement from the B of S and now this letter. There is nothing they can do as there is no Credit Agreement but how do I get this activity to stop? Thanks again - you have been very helpful.

[PriorityOne]

Hello Again,

 

The Bank of Scotland do not have a Credit Agreement for a loan I was paying - I did the 12 days and 30 days in April. I am still receiving staements from them and today received a threat of court action. Can someone explain to me what offence they are committing trying to pursue this and what can I do to stop this? Thank you.

 

I doubt that this is any more than a "threat", as you say. However, you could write send following (by rec. delivery)

 

Thank you for your letter of xx/xx/2007.

 

However, a request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by yourselves on xx/xx/2007. Until such times as you are able to comply, no payments will be forthcoming and any action that you do take will be vigorously defended.

 

As you are now in serious default of this request, any further attempts to contact me for payment will be forwarded to Trading Standards without further notice.

 

[Pinky69]

Thanks to you too ODC. Our posts crossed!