Thincat CCA issues

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Well, good news at last DM sent this letter which I received this morning, it reads as follows:-:yield:
Dear .....,
As a result of your recent letter we're writing to tell you we've closed your file:yield:
and sent it back to Lloyds Bank.
We won't be hassling you any more.(My paraphrasing again).

So, thanks to you DM have rolled over. I've thought about the ramifications of this and
basically my conclusions are that because it's back with the Original Creditor the next move is up to them. Still no CCA btw so we'll see. Any ideas what happens now. I'll reread
the CCA thread again because I know you mentioned that the idea was for the debt to
be returned to the Original Creditor. Wondering what might happen after that.

Thincat

PS. Extemely grateful for your guidance it has been exceptional.

[Curlyben]

Re: Thincat CCA issues

Excellent news.
See who they pass it to next then

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
I've been reading the thread on Notices of Assignment in order to refresh my memory and
prepare for the next phase. I've heard NOTHING from CL Finance re one of the cards and
NOTHING from the other Lloyds credit card DCA so the battle continues. I'm VERY heartened by yesterday's result as you can imagine and can't wait to get stuck in to
the rest of these cretins.I've noticed that Lloyds seem to be the nastiest of all these
banks (the SIX DCAs from 2008 mentioned in the NoA thread AND no CCA!) so this one
looks like going the "full 12 rounds" as it were. I'm ready for 'em:grin:.

Thincat.

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Well, I didn't have to wait too long for Lloyds to start their threats again, got this from the
Consumer Debt Recovery Dept this morning as follows:-
"Dear....
I feel it's important to let you know that our agents(DM) have been in touch with us about
your account. They say they have been unable to agree a repayment programme and
suggest we take you to court.
You can stop this by coughing with all the loot within 10 days(my paraphrasing again).
If you can't pay fill in the form so we can assess your financial state.
Look forward to hearing from you etc.

A. ******."

Sounds like the usual threatomatic tosh however I see from your CCA thread that
certain things can be done once the account goes back to the OC. Bear in mind this
is the account Debt Managers have sent back to Lloyds.
Any ideas apart from ignoring them?

Thincat:fencing:

[Curlyben]

Re: Thincat CCA issues

I'd be inclined to remind them of their non-compliance with your lawful request

[thincat]

Re: Thincat CCA issues

Thanks. Also thinking of an OFT complaint against DM even though they've stopped
pestering me. Worth it?

Thincat.

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
I received a reply to the letter I sent to Loyds Bank telling them I'd made a request for a copy of the CCA (June 2009) and had not received it and the debt would remain in default
until it was produced. To recap this is the "Credit Card 2 account-Lloyds TSB Trustcard" which Debt Managers of Edinburgh were threatening me about.
The reply from Lloyds,received this morning is as follows:-

"Dear xxxxxxx,
Thank you for your letter in which you asked for a copy of the CCA.
A copy isn't available. Generally these agreements are only kept for A MAXIMUM of 6 YEARS and since the account was opened at the end of the 1980s(approx) we can't
get it back.

We'd like to point out that since you've been paying money to your account more than
once you've admitted FULL LIABILITY OF THE DEBT.

Please contact us to arrange repayment in 14 days to prevent further hassle."(This letter
has been paraphrased here and there but basically is pretty much what was said).

Having given this a little thought I feel they're stuck,however I read in another post
that absence of the CCA doesn't remove liability for the debt. Surely the debt is unenforceable without a copy of the CCA? Also do I ignore them or remind them
that any further action on their part would constitute harrassment? Any pointers
would be appreciated.

Very Respectfully,

Thincat.

PS. Obviously this is now back with the Original Creditor.

[Curlyben]

Re: Thincat CCA issues

*Cough*

True the debt is still there, but without the agreement they aren't doing anything with it.
Shame.

Leave it for now and see if they follow up with anything.

[thincat]

Re: Thincat CCA issues

Thanks for that-much appreciated.

Thincat.

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Re Credit Card 2 Loyds TSB, the OC, Lloyds have passed matters on to Credit Security Ltd
Debt Enforcement Office. Got it this morning. They're demanding immediate payment or else(Debt Collector visit and CCJ). I want to reply to them with the "Prove it" letter is that
a coorect course to follow here. Any pointers would be helpful. I AM aware of the
OFT ruling about NOT chasing someone who's disputing the debt.

Thanks,

Thincat.

[Curlyben]

Re: Thincat CCA issues

Leave them be for now and see if they can be bothered to write again.
Crud Sec really are THIRD division collectors

[thincat]

Re: Thincat CCA issues

Thanks for that. I really don't know why Lloyds are bothering, still must keep them off the
streets I suppose. Also I'm following the posts re OFT guidance on CCAs(2010) with
interest.

Thincat.

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Yet another development to report. This refers to the Lloyds TSB Access credit card account(Credit Card 1). I hadn't heard anything for some time from the DCA dealing with that account (Allied International Credit(UK) Ltd) in fact not since December.
They appear to have passed things back to Lloyds (the Original Creditor) and I received
a letter from Lloyds which, paraphrased reads as follows:-
"Dear xxxxxx,

I feel it is important to let you know that our agents have contacted us re your account.
They say that they can't agree a repayment programme and suggest we take you to court. Pay us ALL the money you owe us in 10 days and we won't do this.

If you can't pay us the lot, fill in the Income/Expenditure form we sent you with the
letter so we can find out how you are moneywise.

yours,

A W******R"

This,paraphrased, is from their Consumer Debt Recovery dept. Re THIS account they sent
their version of a CCA with NO signature and precious little else (you did see this and
gave it your famous "looroll" award). They pointed out that they were looking for the
original to copy it but I've got to cough up anyway. Is it worth repeating the last
strategy I employed for Credit Card1 and remind them that no CCA has been sent despite my request or do I wait to see what they'll do next?

Also I received an IDENTICAL letter from the same dept. re the Current Account which I'm
claiming charges for. The request for refund of Overdraft Charges has been rejected but I'm still fighting(see my posts in the thread Thincat vs Lloyds). I posted a query to Amethyst re this letter 2 days ago but have received no feedback on that yet.
Re the Current Account I was getting letters from a DCA about repayment but a reply
to them based on your advice stopped any further correspondence. I suspect they've
again passed the matter back to the OC and the letter I received was the outcome.
Can I send a letter to Lloyds telling them NOT to hassle me while the Current Account is in dispute. I'n not sure about this one. As ever Any pointers would be greatly appreciated.


Thincat.eace:

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
This is an update on the current situation with Lloyds and various Credit Cards. I got a letter this morning from Robinson Way's solicitors re Credit Card 2(TSB Trustcard). They've
closed the file on this one and sent it back to Lloyds for them to deal with. No word as yet on the Credit Card 1(Lloyds Access) front or the Kwik fit card. Thanks to you dealing with
these people is getting easier and clearer. Your "PROVE IT" letters are truly worth it.
Still other issues to tackle but things are improving.


Thanks,

Thincat

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
After a lengthy silence Lloyds Bank have passed the Credit Card 1 (Lloyds Access ) debt to
Iqor who sent me a letter saying they INTEND to send a debt collector for the debt. Sorry
if I'm being a little dense here (nothing has happened for a few months!) but should I send a "Prove it " letter now or wait a bit.
This is a threatomatic letter of sorts,however I'm unsure(because I can't find the posts)
as to the legality of Debt Collection visits. I'm aware they cannot enter without my permission however what is the legal position if it involve a block of flats?
As ever any advice would be appreciated. The "Prove it" letters I sent to Robinson Way
worked VERY well indeed and they sent the files back to Lloyds so I suspect this is going
to be more of the same. As ever thanks for your help so far.

Thincat.