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BLS No CCA but still demanding payment


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hi poker, i also am defending claim for credit card and have just sent my defence off so awaiting AQ now.

 

With me there is no CCA and they also ignored my requests until they brought court action against me.

 

Will watch with interest

RBS/Triton - Gone Away No CCA

RBS/Moorcroft - Gone way No CCA

RBS/AIC - Gone Away No CCA

RBS/Intrum - Gone Away No CCA

RBS/Regal - Gone Away

 

Cahoot/Link - CCA in Dispute

 

Capital One - Settled

 

Lloyds Bank - Awaiting Outcome from Supreme Court Hearing.

 

Lloyds Credit Credit - Repayment Plan

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Thanks for the info, could anyone help with a discloseure list and how it's set out?

 

JUST read the first part of your thread surprised it is still going on

 

just to say

 

NOTE

 

there is disclosure by lists ( here they say what they havE)

 

and disclosure by documents ( this one means they have to disclose the contemt of the documents --not just what they have !!)

 

hopefully someone will verify this ?

:cool: sunbathing in juan les pins de temps en temps

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Thanks for all the support of everyone watching this thread.

 

I now need to prepare a skeleton argument featuring all the legal points I wish to rely on by 18th July 2008, lots of reading to do.

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  • 2 weeks later...

Just an update. SC&M have adviced me that their client has instructed them to seriously concider any offer I make regarding out of court settlement. They have offered to withdraw their claim if I withdraw mine against them for my current account which is stayed and also my last bank charges claim.

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Just an update. SC&M have adviced me that their client has instructed them to seriously concider any offer I make regarding out of court settlement. They have offered to withdraw their claim if I withdraw mine against them for my current account which is stayed and also my last bank charges claim.

 

Does this mean that your claim for charges is equal or more to the debt they are chasing? Have they produced that CCA yet ?. I would hang fire on any action until someone with more knowledge advises you. :)

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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Just an update. SC&M have adviced me that their client has instructed them to seriously concider any offer I make regarding out of court settlement. They have offered to withdraw their claim if I withdraw mine against them for my current account which is stayed and also my last bank charges claim.

Sounds like they know they are stuffed.

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From their perspective, as LTSB are after under £5k it should be a small claim and thus no costs (though I think I might have read in one of your earlier posts that costs were actually in this case). Either way, it's a definite weakening of their position.

 

It strikes me that by carrying on the case you are risking a £2k downside - they win £5k and you win £3k back OR an £8k upside - they lose £5k and you win the £3k.

 

The choice has to be yours PM.

 

Regards

 

Lantana

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It will be a difficult choice to make. As it is fast track if they win they will get costs but also if I win so will I.

 

Worst case = They win and I have to pay 5k plus costs and if banks win test case or get away with not paying full amount then ive lost out on 3k

 

Best Case = I win in court plus costs and I also get 3k after test case.

 

The one thing I am sure of is if I carry on with this case and in the mean time the test case is resolved and lloyds pay out I bet they will pay 3k of the credit card debt and carry on going for the rest in court.

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How desperate are you to see the back of Lloyds? If the answer is as quick as possible then the answer would be to tell them to write the £5K off in its entirety and you will withdrew your claim. However, if you are happy to continue to wait for how ever long it takes tell them no deal.

 

As already stated only you can make this decision.

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Very difficult. I would be tempted to go for the mutual write off/withdrawal, but then what will you do after that? Or have you still got a few to keep you going?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Sorry to sound repetative but i also would say

 

U write of the £5k and i will withdraw my claim. It does not hurt to aim as high as u can and that would be the best to aim for.

 

That way u both win and that way it does not cost u much.

 

Dont leave much room for negoation and give them a sent amount of days to get back to u writing.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

That sounds like a plan. If you have that in writing and that they wont pursue you for anything at a later date then it might be well worth considering.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I just thought I would share something with you that I have just added to my thread - Hope you don't mind as it explains a lot about the debt collection industry and I thought it might interest you guys...

 

I just found this on another thread - Apparently First Credit are using an adaptive software system called SAS (Surprised they have an A in it..:wink:)

 

It profiles the "debtor" based on getting as much info as they can over the phone, from letters - Anything at all - The system will then determine the method of collection they should go for...!!!!

I quote:

 

"

Fast decisions

1st Credit's annual growth rate has been about 50 percent throughout its history, and 60% in the three years it has been using SAS, far faster than any other operator in the UK market, in large measure because it can react to opportunities more quickly and effectively than its competitors. "If a bank wants to offload some debt quickly, we can run it through our model and take the decision on a bid faster than our competitors. If necessary, we can turn a decision around in 24 hours." says Y*u*g. "Using SAS, we can examine batches of debt down to the individual debtor level, and then aggregate it or subdivide it based on a range of variables to probe the potential profitability. Ability to break down the debt and then aggregate it across different dimensions is absolutely key to optimising purchase decisions," says Y*u*g.

"Getting this right is business-critical," he adds. "If our bids are too high, we will be unprofitable, and if our bids are too low, we won't get the business in the first place."

Once 1st Credit has acquired the debt, the next challenge is to identify the best strategies for debt management and recovery. "We run the debt portfolio through our model and split it into different segments based on historic performance," says Y*u*g. "A different strategy is appropriate for each segment; we need to monitor them over a period of a few months to see how well they are working, and which factors in the strategies are most important in getting the desired results." These strategies typically cover how to make the initial contact, and what sort of offer 1st Credit should make to the debtor.

"If we are convinced that the debtor is likely to pay, it is worth investing time and effort, for example with visits and telephone calls, to help. If it is less likely that the debtor will pay, it may not be worth making as much effort." says Y*u*g.

That is just the start, and it is an over-simplification, of course. "We are developing a more behavioural based approach with SAS that gives us insights over the entire lifecycle: not just deciding up front how much time we will invest in a debtor, but also how to respond if things go better, or worse, than expected," says Y*u*g.

 

Amazing - They may as well refer to us as cattle - If anyone was in any doubt as to how these agencies work and to how much we are simply commodities then their own words are far more damning than any I could come up with!!!!

 

Hope I don't get in to trouble for quoting this - I took the blokes name out though...;0)

 

Hopefully this will show people who are fighting these "professionals" just exactly how they deal with Human beings who are struggling and need help.

They rate you using a software system - That's how they help.

 

Apologies for the rant. but feel free to post this wherever you want to..I will be...:-)

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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I just found this on another thread - Apparently First Credit are using an adaptive software system called SAS (Surprised they have an A in it..:wink:)

 

Of course the have an A in it only its in the wrong place.

 

 

 

 

 

 

 

 

 

It should be the first letter.

 

 

Wonder if their amazing program has a part on it on how to deal with someone on CAG:cool:

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Thanks for sharing tht Multay.

 

Oooh physcologically profiled from responses received to their threatograms.. I wonder what their reaction was when they opened my reply to them this morning..:lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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That's a really interesting point ODC - I wonder if you can get acess to it as it is supposed to individually profile people...Might be nice to see!!!!!

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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yeah yeah indivdual profile my daughters nappies.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Well sc&m have agreed to withdraw their claim in full and remove any adverse data from my credit file in return for me withdrawing my claim.

 

That sounds like a nice result to me poker_mad. Congrats.

 

Regards

 

Lantana

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yeah nice offer.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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