From LLoyds to SCM and now .... Buchanan Clark and Wells !!

[donbracho]

hello there just an update on a few things the claim has been submitted to the county court on the 8th march, now lloyds have started with their letters pretty muych the same as mindazai and lucid received requesting payment for the overdraft on bank account AND on the personal loan. I have read and adapted mindzai/lucids responses to these demands namely that the amount owed is in dispute etc and for the loan have sent a statement of means due to a severe change in circumstances.

The latest letter received was default notices for both accounts i used yet another(apologies!) of mindazais/lucids letters to respond to the notice for the account in dispute however am unsure of how to respond to default notice for the loan account ?

2- Loan xxxxxxxxxxxxx

 

Since making that above agreement with you, my circumstances have changed.

 

I cannot now afford to agreed monthly payments because .......

I enclose a Personal Budget sheet which shows my total income from all sources, and our outgoings.

As you can see I have only £xxxx per month left for my creditors.

The offers I have made to our creditors have worked out on a pro−rata basis, and I have written to all my creditors asking them to accept reduced payments.

 

In view of my circumstances, please would you agree to accept a reduced offer of £xxxx per month.

If interest or other charges are being added to the account I would be grateful if you would freeze these so that all payments made will reduce what I owe you.

 

Should my circumstances improve I will contact you again.

 

I would be grateful if you would send a paying−in book to make it easier to pay you. Thank you for your assistance.

We look forward to hearing from you as soon as possible.

 

Yours faithfully

x

 

 

thats the last letter we sent to LLoyds reguarding the loan ?

Any advice would be appreciated should we just resned this letter to all depts ?

[donbracho]

right well the date on the notice of issue has expired as of today : the 22nd march but havent heard a peep from LLoyds or their lawyers no Acknowledgment nothing .....remember reading that you allow + 2 days for receipt of letters so are we to wait till monday before we ring up the court to ask what is going on ??

[BARTY]

Hi

I would ring the Court on Monday to see what is happening.

Barty:-)

[donbracho]

Yeah am gonna do mate cheers thing is she has changed address, a few months ago have informed them via letter and it states account number and sort code on the particulars of claim but think this may be the excuse they need ey

[donbracho]

Hello everyone ! right i have rung the court LLoyds have issued a defence on the 15th !

case is being transferred to the MERCANTILE COURT !!! will receive a letter with a new case number shortly !!

 

Cue much fear and worry on our part , well i have checked on the bit of this forum reguarding mercantile and am still really really confused

We havent received their defence not done an allocation questonaire nothing ! so what do we do just sit tight ?

[GaryH]

Are you in leeds by any chance?

 

If you could you also post up the entire order/letter from the court and then we'll be able to assist you further.

[donbracho]

heyup i will do once we receive the letter from the court, the clerk said the case had been transferred and will be allocateda new claim number and letter shortly but i got thinking after reading threads that may be the same hearing as everyone else so am gonna ring the court up tomorrow to find out where this letter is cheers

[GaryH]

So, are you in Leeds by any chance?

[donbracho]

jol sorry yeah sure am sunny suny leeds today

[donbracho]

right have just rang the court pre track up and they said tis more than likely going to be the 26th of april hearing havent issued a new claim number or sent letter out as have got hundreds of these cases to go through and process so looks like its time to get that bundle together dont it !

[donbracho]

Hello all hope all is well have posted the letter received from court on another thread http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/75786-mercantile-hearing-leeds-26th.html

 

dont want to put it all over the place thats all !

[donbracho]

hello there everyone not sure if this is the right place to put this but its about debt so here goes!

Right my partner has an ongoing claim against LLoyd for bank charges :

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/57865-donnas-shining-knight-rescue.html

 

She also has an outstanding personal loan with the lovely LLoyds and we have sent a letter explaining that due to severe change in circumstances, namely having to give up work for at least a year due to effects of recovery from long term illness plus divorce moving house and bringing up 3 children on her own !she can only afford to pay a nominal amount namely 7 a month. they of course have rejected this amount in turn and said willpursue her for this money.

 

So am gonna send another please accept this amount for now letter but she is panicking that they may COMBINE her cheque account with her personal loan !

 

So my question is can they do this ? is it legal ? and what should our next move be ? was thinking about CCAing them for the personal loan just for the hell of it !

[sunshine star]

just from sheer experience today - lloyds will debit your personal bank account for outstanding arrears - without notice!

mine is a credit card 2.5 months in arrears - the debited my ex's account for the money today. my suggestion (even in my mess!) is to open a bank account elsewhere (rbs gave me a basic account no problem).

I'm looking into CCA's at the moment so don't know much about it but there is a wealth of wisdom here who can!

[donbracho]

hello alll right looks like its June then as missed out on the hearing tomorrow

my partner has just received two letters from lloyds solicitors SCM saying that she has to pay back her overdraft within 7 days and her loan within 7 days, they sounded really familiar so i checked mindzai and lucids awesome thread and there they were exactly the same letters !

i am gonna reply in a similiar manner to the request for the overdraft as it is made up of bank charges but as for the loan she has made two offers of repayment to them and included statment of means twice they have knocked her offers back is there anyway she can force them to court in fornt of a judge ?

[jodybuk]

Gulp!! I didn't think they could call in the loans unless you were in arrears with them.

Can they do this?

Jody

[donbracho]

i dont know anyone got any advice ?

[donbracho]

Right bit of an update then as we received a further letter regarding the personal loan today it was from Lloyds solicitors SCM and goes like this

 

 

:

We are instructed by Lloyds TSB Bank plc who advise us that despite several reminders your account remains out of order. This letter, therefore, makes formal demand on you to repay the balance as quoted above plus interest which is accruing on a daily basis. The due amount is based on the account balance today, receipt of any further debits or credits or a variation in interest rate will result in amendment of the amount payable.

 

If payment is not received by our Client within 7 days from receipt of this letter, Court proceedings may be issued against you without further reference. Once proceedings have been issued, you may be liable for legal costs incurred. In order to avoid this action you should make payment into a Lloyds TSB branch. Alternatively you can send a cheque made payable to our Client to the above address. Please write your account number on the reverse of the cheque.

 

Furthermore, you are reminded that if we do no receive a satisfactory response from you, it is the policy of Lloyds TSB Bank plc to lodge information relating to your failure to pay with the following agencies: Experian Ltd, Equifax Europe (UK) Ltd and Callcredit plc.

 

You should also be aware that it is common practice within the finance industry for this information to be used when assessing your ability to manage your own finances and it is our understanding that this may also impact in the case of family members or associates where they have relevant financial association with you. Furthermore, if the debt is settled within the prescribed period this fact will also be recorded, but will not lead to the origina default being removed.

 

If you are unable to pay the full balance, our Client my be prepared to accept a reduced sum, together with realistic proposals for regular monthly payments. You must telephone our Client on 0870 – 2424763 immediately if you wish to discuss such an arrangement.

 

REMEMBER, THIS IS A FORMAL DEMAND PRIOR TO THE COMMENCEMENT OF LEGAL PROCEEDINGS AND YOU ARE STRONGLY URGED TO MAKE IMMEDIATE PAYMENT TO AVOID THE ABOVE ACTION.

 

Yours faithfully

 

Sechiari Clark & Mitchell

 

This firm is regulated by The Law Society

 

its the same one that mindazai and lucicd recevied however as this is regarding the personal loan i aint too sure how to respond to it ?

she has made two offers of repayment with an enclosed statement of means the first was rejected the second seemingly ignored till now.

She issued a CCA request some time ago (12th March) and they have ignored that too is there any way we can take this to court ourselves and get this in front of a judge ?

the offers she has made are reasonable and decent and she has all the evidecne if that were necesary of incomings and outgoings ?

[innocent]

pm mindzai and lucid, and gary....

 

 

keep us updated

 

 

 

innocent

[GaryH]

hello alll right looks like its June then as missed out on the hearing tomorrow

my partner has just received two letters from lloyds solicitors SCM saying that she has to pay back her overdraft within 7 days and her loan within 7 days, they sounded really familiar so i checked mindzai and lucids awesome thread and there they were exactly the same letters !

i am gonna reply in a similiar manner to the request for the overdraft as it is made up of bank charges but as for the loan she has made two offers of repayment to them and included statment of means twice they have knocked her offers back is there anyway she can force them to court in fornt of a judge ?

If the money hasn't cleared in your account by the court date then you should go to court anyway. The judge won't be interested in them calling in the loan though - it seems retaliatory but its nothing to do with the court. If you want redress on that score you should complain to the ombudsman.

 

Send them another, stronger, letter again with a statement of means and a cheque enclosed for the first payment. Follow the advice in Bookies post here - http://www.consumeractiongroup.co.uk/forum/general-debt/73030-taking-back-control-your.html

 

Also include in the letter that you consider the action to be retaliatory, which you will report to the Ombudsman, and further, that as the loan consists of unlawful charges any enforcment proceedings will be vigorously defended and counterclaimed. Might possibly help to stick a CAG sticker on the envolope as well!

[dolly]

Just to clarify - was your girlfriend in arrears with the loan and the OD?

[donbracho]

hello there well as a result of the bank charges and extreme (see above) change in circumstances yes she is in arrears with her overdraft and loan and notified the bank that she would be in difficulty with the loan and that the overdraft is in dispute due to the charges several times.

 

now for the overdraft the case is waiting for the next round of hearings in leeds mercantile probably in june.

i sent a similiar letter that mindzai and lucid did back to SCM today

As you are aware, the amount in question and more is currently the subject of a County Court Claim, Number xxxxxxx, for which you filed an Acknowledgement of Service .

Despite several reminders this debt still remains unpaid.

This letter, therefore, makes a further formal demand for full repayment of your Client’s debt, plus interest which is accruing on a daily basis.

The total due amount as of the date of this letter, based on the sum of monies levied by your Client, plus s.69 of the County Courts Act 1984 at an annual rate

of 8.00% plus costs is £xxxxxx

If payment is not received upon receipt of this letter, Court proceedings against your Client will continue.

Your Client may be liable for any court costs associated with this claim.

In order to avoid this action your Client can send a cheque for the total amount plus interest made payable to me at the above address.

I am not prepared to accept a reduced sum, however I will accept full payment of your Client’s debt as settlement of this issue, and upon receipt of the money I will cease my legal action against your Client.

 

I look forward to your prompt reply.

 

 

the loan however does not have any unlawful charges on it that we are aware of ? but they have neglected to respond to the CCA request made in early march.

thanks for all the advice everyone am gonna mention the retaliatory action, enclose statement of means and cheque for first payment , the cca request etc am shattered as been at work since 5 am but will crack on later cheers !

[donbracho]

right another update received letter back from the central recovery department regarding the overdraft, "sorry cant add anymore as you have a court claim "

however all the offers we have made to LLoyds re the loan have been turned down and they say will carry on sending letters unitl they pass it on this central recovery unit.

so am I best off writing to the central unit with this stern letter and replying to SCm enquiring as to whether or not they are now handling the loan account as well?

any advice would be appreciaed

[donbracho]

hello all am in dire need of advice now as things have moved on somewhat !

i arent sure whether should move this over to the debt collection section as well ?

since i last posted have sent stern letter to lloyds re unlawful defaulting overdraft account whilst in dispute, just got standard letter back saying sorry it is in our lawyers hands now

however this will be hopefullly resolved soon as are due in leeds mercantile on the 28th JUne.

 

sent letter to SCM and the banks central recovery unit about loan account stating have made several reasonable offers to their clients and repeated the offer included postalorder statement of means etc but no response until now.

 

today got a letter from Buchanan Clark and Wells saying they want BOTH the overdraft account and Loan account back !!

they make no mention of seperate agreements either just state want 5443 back and that an agent will attend premises to establish residency and reason for nonpayment within 72 hours unless we contact them and make an arrangement to repay !!!!!

 

now am i right in thinking that its unlawful to combine loan and overdraft ?

how should i respond to the DCA ?

send off a cca request and include a bit about they arent allowed to attend without written consent ?

any advice would be appreciated

[GaryH]

I've asked for some assistance for you. In the meantime I would do as you said and seek help in the debt forum. Your more likely to get the help you need there I would have thought.

[donbracho]

hello all right have posted about my partners claim against LLoyds TSB here :

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/57865-donnas-shining-knight-rescue.html

 

now things have reached stage where lovely Buchanan, Clark and Wells are involved, they have combined the loan and overdraft account which i assumed was unlawful ?

the claim for charges is at leeds mercantile on the 28th June.

i could do with some advice please !