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Hi speedtrip,

 

Thanks for the post.

 

How old is your account? When was it opened?

 

I think mine was around 2001 or 2002, I`m not sure.

 

Regards

 

 

N.P

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I'm waiting for LTSB to resolve my Formal Complaint after they continued to pursue an alleged Mastercard debt whilst my CCA request remains in default.

 

The latest from them is a letter advising me they will need ANOTHER 28 days to think about it before they resolve my complaint - no mention of providing my CCA.

 

I don't have a lot of confidence in them managing either :)

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i think it was about 2000 and i asked the DCA for the CCA in August last year which they have totally ignored.

 

SCM were finally sent in so I sent in 'wheres my cca i requested' and complained to lloyds.

 

lloyds have responded saying as the account is so old they no longer hold the cca stating the dpa only allows them to hold cca for a reasonable amount of time.

 

they then state 'we hope we can reach a satisfactory conclusion without need for court action please call to discuss'

 

so i could go for default removal and possibly court and i cannot see how i lose out unless they suddenly find the CCA, unlikely, and at worst i will have to pay costs and not get default removed, its illegal anyway as it includes bank charges

 

if i do nothing i cannot see how they can enforce it and it wait 6 years and it think it is dead anyway but i do not what happens then .... if the alleged debit is over 6 years old does it fall off the credit reference agencies?

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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i think it was about 2000 and i asked the DCA for the CCA in August last year which they have totally ignored.

 

SCM were finally sent in so I sent in 'wheres my cca i requested' and complained to lloyds.

 

lloyds have responded saying as the account is so old they no longer hold the cca stating the Data Protection Act only allows them to hold cca for a reasonable amount of time. RUBBISH, they are talkin out their bottoms

 

they then state 'we hope we can reach a satisfactory conclusion without need for court action please call to discuss' This means we know were ball hooks'd but we are going to try and scare you

so i could go for default removal and possibly court and i cannot see how i lose out unless they suddenly find the CCA, unlikely, and at worst i will have to pay costs and not get default removed, its illegal anyway as it includes bank charges

 

if i do nothing i cannot see how they can enforce it and it wait 6 years and it think it is dead anyway but i do not what happens then .... if the alleged debit is over 6 years old does it fall off the credit reference agencies?

 

i would put these points to them and see what tehy have to say

 

 

taken from a recent defence i wrote

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

 

As a loan agreement is active until the agreement is terminated, I would suggest that all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

 

This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years - AFTER THE END OF THE RELEVANT ACCOUNTING PERIOD. That would mean some files need to be retained for up to seven years. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21) - of particular significance is sub-paragraph (6) which states:

 

"The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

 

Finally, key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 200

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hi that was a quick response.

 

yeah i know its complete rubbish because I used to be a Data Controller and Compliance Officer reporting to FSA for a major UK Insurance Coy.

 

I should find time today to pen a draft as I feel in the right mood.

 

I was going to request default removal with my charges as f&f, they have offered a refund but not what i asked.

 

However, I may just asked for default removal and suggest that this would be a waste of courts time as they have no CCA and judge cannot enforce without one.

 

BTW I have a con-current O/D dispute with same creditor which they have raised via MCOL but again they have raised no CCA/No evidence and I sent back my defence based upon CARs Barcalays Defence. They have 28 days to respond so should i back off on the credit card for now?

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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Hi people,

 

Thanks for keeping to posts coming guys. It`s good to know people are still watching.

 

Right, I received my Credit Card statement at the weekend.

 

It went on to state that I`m about £1,000,000 behind on my payments and as such the account has now been sent to MHA Collections for errrrmmm, collection.

 

I also popped over to see the olds (my parents) and they also said they had been receiving calls from MHA asking me to ring them back. These people must be really numb if they think people are going to call them back. Clowns!

 

Anyway, I thought them stiffs in cheap suits at SC&M were on the case. They suddenly went quite following my steel toed reminder that Lloyds were in default on my CCA request. I heard nothing else from them and now these bell ends are sniffing about like annoying dog about to moose my leg.

 

Also, I received another silly letter from Lloyds regarding my Current Account. They say I haven`t paid into it for months and as such am months behind on my overdraft. Well, I know that.

 

It went on to read that if this letter is regarding an overdraft I need to pay it back within 2 days. If it`s for anything else I need to pay it back immediately or I`ll get lashed with charges and some more charges on that.

 

Now, the way I`m thinking on this. This account has charges added, therefore the interest they are adding will be wrong. Also, the account is 22 years old, so I think asking for the account opening form and T`s & C`s from then could be interesting and could use that as part of my defense. I haven`t sighned anything since.

 

I`d appreciate any comments or suggestions on this please.

 

I look forward to hearing from you on this one.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hmmm, OH received a message on his statement today.. saying that LTSB have passed his account on to MHA for collection. Obviously our letters to SC&M have scared them off :grin:

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Hi there citizenB,

 

How you doing? Thanks for the post.

 

Right, we have an UPDATE!

 

I have received another silly letter from those clown at Lloyds TSB. They`ve now decided to call themselves MHA Collections to try and fool me. They are now masquerading as DCA`s, thinking the heavy approach might get me to play ball.

 

Wheat I find amusing about this is that, Lloyds TSB have ignored my CCA request. Then set Silly, Claris & Michelle to hassle me, who didn`t do a great deal. Now, they are pretending to be a DCA who will ask Silly, Claris & Michelle to kick my napper in if I don`t cooperate.

 

Anyway, the letter is this -

 

 

MHA1.jpg

 

 

I was just wondering, if anyone thisnks I should reply to this nonsense? And, if so, what with?

 

I was thinking of sending the prove it letter, just to confuse them.

 

Any comments or suggestions would be appreciated.

 

Hope to hear from you soon.

 

Regards

 

 

N.P

 

 

 

Oooops, I also forgot to mention. My girlfriend said the word Collections was showing through the envelope window. She said the window was that big that it should my full name and address and their Collections logo. I`m not sure of this myself as she rang me at work and I asked her to open it.

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Doing well thanks NP.. how's yourself.

 

I have been thinking to send MHA (when they get around to writing to me) a copy of the letter I already sent to **** along with a copy of the CCA request to LTSB.. A covering letter perhaps to say.. Something along the lines of ... I am surprised that you have been instructed by a firm of solicitors who havent had the decency to reply to my request.. etc, etc. Obviously I will give a bit more thought to the enclosing letter LOL x

 

It might even be worth the stamp to copy the whole lot to **** and LTSB to let them know I know what their little game is.

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

1: How can BCOBS protect you from your Banks unfair treatment

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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Doing well thanks NP.. how's yourself.

 

I have been thinking to send MHA (when they get around to writing to me) a copy of the letter I already sent to **** along with a copy of the CCA request to LTSB.. A covering letter perhaps to say.. Something along the lines of ... I am surprised that you have been instructed by a firm of solicitors who havent had the decency to reply to my request.. etc, etc. Obviously I will give a bit more thought to the enclosing letter LOL x

 

It might even be worth the stamp to copy the whole lot to **** and LTSB to let them know I know what their little game is.

 

 

Hi citizen,

 

Thanks for that.

 

There is in fact a letter doing the rounds based on that theme. I was going to start it something like - Dear Morons AKA Lloyds TSB.

 

Not sure if there`s any point in reply yet, it`s not exactly an immediate threat to me so doesn`t warrant a full scale retaliation just yet, LOL.

 

Ciao now now.

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi there all

 

Well mum was on phone to my sister tonight and when she picked it up to phone me there was a message from someone called MOORHOUSE AGENCY saying they are working on behalf lloyds tsb to ring them before 9 tonight so it must be that same company

lisa

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Hi there all

 

Well mum was on phone to my sister tonight and when she picked it up to phone me there was a message from someone called MOORHOUSE AGENCY saying they are working on behalf lloyds tsb to ring them before 9 tonight so it must be that same company

lisa

 

 

Hi there,

 

I guess by now you know not to talk to strangers, especially over the phone.

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi NP, find your MHA letter amusing with the "trading name of Lloyds TSB" in ultra small font at the end

 

 

So many of the banks and CC companies seem to do this now

 

(two that come to mind are Global Collections (AKA A+L) and Triton (AKA RBS)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi all,

 

Thanks for the post ncf355, much appreciated. They must think if we think they are a DCA we will pap our y`s and give in to their pathetic demands, NOT!

 

Right, we have another update of somesort.

 

I received this letter from those muppets at Lloyds TSB Card Operations Customer Service Recovery.

 

It reads -

 

 

 

Dear N.P

Complaint Reference: Mine

I am sorry that you have had cause to complain. Thank you for bringing your concerns to my attention. I have arranged for a member of my Customer Service Recovery Team to carry out an immediate investigation, so that you will receive a full response from us. Because of the issues you have raised, it may take a little time to gather all of the information together, but we will respond to you within 28 days. In the meantime I have enclosed a copy of the Bank`s guide "How To Voice Your Concerns" which gives you more details about resolving your complaints with us.

Yours sincerley

squiggle - from some clown

Administrator

Card Operations Customer Service Recovery Brighton.

 

 

Well, considering I haven`t responded to their silly automated bum wiping crap, I`m not really sure where this has come from or what to make of it.

But, what I do know is that they are s bunch of numpty dumpties.

 

As usual, all comments and suggestions are most welcome.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi there N.P

well mum got that exact some letter today from MHA collector it must be a photo copy exept for name and amount owing. Have you replied are just leaving it for know.

lisa

 

 

Hi Lisa,

 

Thanks for the post.

 

From now on, I`m just blanking everything except the important ones that need attention, LOL.

 

The longer it takes these imbeciles to sort something out the better.

 

What`s your next move? Are you just blanking it?

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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I've had another '28 more days needed to investigate your complaint' letter from LTSB Mastercard now - it seems to be in a holding pattern.

 

Still no response to my CCA request made at the beginning of January, at least they have stopped phoning and writing. This was an Accucard mastercard originally and I suspect they did not buy in the paperwork when they took over.

 

I send copies of all previous correspondance when someone new steps in; just so they know what their dealing with :) - I've had to invest in bigger envelopes!

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Hi N.P

Just to let you know i have been adviced to send an account is in dispute letter, so think I will send one tomorrow or friday im in no rush cos im not scared of them like they try make you.

lisa

 

 

Hi Lisa,

 

Thanks for that.

 

I haven`t been on few a good few days as I have been quite ill in Hospital. Full details in my Argos thread, just posted!

 

Anyway, when I returned home there was a letter from Lloyds TSB asking to ring them IMMEDIATELY to discuss my Account. That`s all it said, it didn`t state whether it meant my Current Account which I`ve left or my Credit Card Account.

 

I`m just going to blank it untill something a bit more substantial comes.

 

Thanks again.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi I have been paying £30 a month on ppi for a clydesdale bank mastercard. I do not have any policy and can not remember agreeing to it. Can I cancel and claim all charges back

 

 

Hi there,

 

Please start your own thread with this one and we`ll go from there.

 

There are always people willing to help once you you have your thread under way.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi N.P

Just read your argos thread, hope you well better soon. Mum has not been well just had opp on bowel cos she has been in loads off pain and they saw her bowel was twisted in her intestine but the pain has come back with reverge and she can not get on with her life. After scans they have found goal stones she waiting for opp. But what Im getting down to is we informed littlewoods and marshall wards they asked for a letter from doctor so she did one and mum picked it up today so will send it on monday and see what happens. Get your doctor to write a letter explaining you not well

GET WELL SOON

lisa

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Hi N.P

Just read your argos thread, hope you well better soon. Mum has not been well just had opp on bowel cos she has been in loads off pain and they saw her bowel was twisted in her intestine but the pain has come back with reverge and she can not get on with her life. After scans they have found goal stones she waiting for opp. But what Im getting down to is we informed littlewoods and marshall wards they asked for a letter from doctor so she did one and mum picked it up today so will send it on monday and see what happens. Get your doctor to write a letter explaining you not well

GET WELL SOON

lisa

 

 

Hi Lisa,

 

Thanks for the post and your concerns.

 

That`s sounds really nasty about your mam. I actually had an operation on a blocked bowel when I was only 2 or 3, I have a nice scare which I like to show off. It looks like I had it easy this time around considering the problems you can get from complaints like these.

 

The thing is, I can`t afford to go on the sick to rest as we lose our first weeks pay then get only 80% from the 2nd week onwards. So, I`m going back to work on Monday, they said I can do light duties as we call it, but what can you do? People can`t afford to be ill these days.

 

Anyway, I don`t like DCA`s or Banks at all, so I`ll fight these clowns with one hand and no legs if I have too.

 

Also, I received a CCA from Lloyds TSB today which to me looks very shady, quite a few things don`t like right. They also sent a copy of the present T`s & C`s, even though the Card was opened 7 years ago. I`ll be posting on that thread tomorrow sometime, so keep watching this space, or the other space.

 

Tell your mam I know exactly how she feels and to keep up the scrap.

 

Thanks again.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi everyone,

 

Right, as mentioned in my previous post, I have recevied a reply to my CCA request from these idiots.

 

It contains a a double paged letter, a double paged CCA and they have also included the current T`s & C`s, not the original ones from the time of opening the account, which was 7 years ago now. Not sure why the fools have sent these.

 

Right, the letter goes like this -

 

 

 

First Page:

 

TSBCCALetter1.jpg

 

 

 

Second Page:

 

TSBCCALetter2.jpg

 

 

 

Right, and the CCA goes something like this:

 

 

 

CCA Page 1:

 

TSBCCA1.jpg

 

 

 

CCA Page 2:

 

TSBCCA2.jpg

 

 

 

Now, personally, I can`t see any prescribed terms on these sheet`s, although, if they are there the quality is that poor you they can`t be read.

 

Also,

 

1. The Grey blocks is the private information I have blocked out. The Black marker marks are what Lloyds TSB have crossed out for some reason, they were also part of my private information. Going off the shade of the marker marks and the rest of the print, it looks as they they were applied before the copy / scan took place as the shading seems to give the same shine in certain light.

 

2. Lloyds TSB also highlighted 2 lines in Green, not sure why they done that, probably to get me to think this is a full whach CCA.

 

3. All of the entries were typed and printed, not hand written, although the signature is handwritten. This I beleive was a Online Application. If so, I don`t understand the dates at the bottom of Page 1. Submitted 11 May 23.50, yet it was printed 14 May 08.04. If I submitted the Form online, I would have submitted the information then printed it out immediately., not 3 days later. I don`t understand that.

 

4. If this is an Online Application, could I not challenge the the PPI? Although it is ticked, I may have HAD TO tick to progress onto the next screen, thus being forced to take it out in order to fill in the Application.

 

Anyway, I scanned this at 400dpi and the quality is really bad, even our photocopier at work produces better results than Lloyds TSB. If they have the original paperwork, then why is the quality so poor?

 

Right, I`ll leave this with you people. Hope you can help me on this one.

 

I look forward to your help, suggestions and comments as usual.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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3. All of the entries were typed and printed, not hand written, although the signature is handwritten. This I beleive was a Online Application. If so, I don`t understand the dates at the bottom of Page 1. Submitted 11 May 23.50, yet it was printed 14 May 08.04. If I submitted the Form online, I would have submitted the information then printed it out immediately., not 3 days later. I don`t understand that. so the signature in the customers sig box, is it yours?

 

4. If this is an Online Application, could I not challenge the the PPI? Although it is ticked, I may have HAD TO tick to progress onto the next screen, thus being forced to take it out in order to fill in the Application.Did you have to take the PPI to progress? you need to state fact not assumptions in afraid

 

Anyway, I scanned this at 400dpi and the quality is really bad, even our photocopier at work produces better results than Lloyds TSB. If they have the original paperwork, then why is the quality so poor?

 

Right, I`ll leave this with you people. Hope you can help me on this one.

 

I look forward to your help, suggestions and comments as usual.

 

Regards

 

 

N.P

 

Well as far as i am concerned, the copy fails to comply with the copy docs regs as its not legible

 

since you cant read it how can you see if its enforceable and embodies all the prescribed terms

 

 

i would be asking to view the original as clearly the copies dont cut the mustard and if they refuse, depending on how bigger balls you have i would even consider taking the document to court for a s142 declaration

 

at least that is what i would be telling lloyds anyway

 

 

regards

paul

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