Thincat CCA issues

[thincat]

Re: Thincat CCA issues

Hi Curlyben,

Thanks for the prompt reply. The picture you sent said it all ROFL, a real hoot!!
Presumably I send them the "non compliant CCA" letter. Since saturday I've pored over
the Data received from Lloyds and I've got an amount that I can claim.
I would still like to know if it's worth asking for data going back to the late 70s, I'd
appreciate a reply to the other points mentioned in my post on saturday.

Also another development has occured. BLS have sent a 2ND letter threatening
court action re my Credi Card1 account (this is in addition to the one they sent
about the Current Account, both identical).

Now, as I said re the Credit Card1 account, I sent the "non compliant CCA" letter to them
and they seem, as I said, to have put it in their "we're dealing with your complaint"
bin. I'm aware that the account is in default because they haven't produced a compliant
CCA also I've stopped paying the £1/month. I am being pursued on the basis of "because
you haven't given us any money we'll take you to court".

Re the Current Account I stopped paying the £1/month as well(they DID send a paying in
book and only did that after I wrote to my MP and they agreed to the monthly sum. Before
that they weren't listening AT ALL), so BLS (them again!) sent a letter on the same basis.
I could upload them to you if you want.

What I want to know is:-

1) Are BLS spouting rubbish?

2). If I put my Unfair Charges CLaim in asap will that stop BLS from pursuing this
particular course of action?

Any letters sent by Recorded Delivery never get signed for and disappear into a Black Hole
so I've sent letters to Lloyds Debt recovery Dept.

I'd appreciate some clarification these questions so I know where I stand.

Thankyou again for your help so far.

BTW I heard one of the guys from Consumer Action Group on Radio 5 live last night,
very,very, good.

Thanks,
Thincat

[Amethyst]

Re: Thincat CCA issues

hi Thin, I have sent a pm to curls to pop in and have a look on your thread. I'll have a look back a bit later after school run etc too

Ame
xx

[thincat]

Re: Thincat CCA issues

Thanks for that. I'm doing a lot of reading of various threads (debtisbad is a good one)
to get a clearer idea of where to go next. I have DEFINITELY now got the hang of the
procedure re Reclaiming Bank Charges and I'm going to get on with that(I've done a
preliminary totting up and it's £2k+ without interest). Also I found the spreadsheet to
use as well. I do apologise if at times I come across as not having read up on all the
guides etc there are sometimes issues that arise as a result of legal threats etc that
do create uncertainty. Debtisbad's case (having read it for the first tme today) does
help though and along with your guidance will help me resolve the situation. Lloyds
Bank are being particularly stubborn but that is to be expected. As ever thanks so far.

Thincat

[Curlyben]

Re: Thincat CCA issues

Hi Curlyben,

Thanks for the prompt reply. The picture you sent said it all ROFL, a real hoot!!
Presumably I send them the "non compliant CCA" letter. Yeppers

Since saturday I've pored over
the Data received from Lloyds and I've got an amount that I can claim.
I would still like to know if it's worth asking for data going back to the late 70s, I'd
appreciate a reply to the other points mentioned in my post on saturday.

Also another development has occured. BLS have sent a 2ND letter threatening
court action re my Credi Card1 account (this is in addition to the one they sent
about the Current Account, both identical). Toothless threats as ever. As BLS don't officially exist they wont be taking any action

Now, as I said re the Credit Card1 account, I sent the "non compliant CCA" letter to them
and they seem, as I said, to have put it in their "we're dealing with your complaint"
bin. I'm aware that the account is in default because they haven't produced a compliant
CCA also I've stopped paying the £1/month. I am being pursued on the basis of "because
you haven't given us any money we'll take you to court". So send them a "you comply with my lawful request under CCA then we'll talk, till then feck orf.. aka CCA non-com letter, or scan up what they have sent and I'll thorw you a personal one together.

Re the Current Account I stopped paying the £1/month as well(they DID send a paying in
book and only did that after I wrote to my MP and they agreed to the monthly sum. Before
that they weren't listening AT ALL), so BLS (them again!) sent a letter on the same basis. Honestly I would send them a sod orf till the test case is resolved dispute letter, I assume this is mostly charges anyway
I could upload them to you if you want.

What I want to know is:-

1) Are BLS spouting rubbish? Always

2). If I put my Unfair Charges CLaim in asap will that stop BLS from pursuing this
particular course of action? Send them a dispute notice to that effect, they'll ignore you but you have a solid paper trail for the harassment action.

Any letters sent by Recorded Delivery never get signed for and disappear into a Black Hole
so I've sent letters to Lloyds Debt recovery Dept.
Don't waste your money on recorded, normal mail is fine, but NEVER hand sign them, electronic (fancy) signature is fine.

I'd appreciate some clarification these questions so I know where I stand.

Thankyou again for your help so far.

BTW I heard one of the guys from Consumer Action Group on Radio 5 live last night,
very,very, good.

Thanks,
Thincat

there you go, would of responded earlier, but been seriously tied up with RL..

BTW BLS are twunts of the deepest water, like Mercers they are simply in house monkeys that are toothless idiots and their letters just go to prove this fact.

Just remember Furguson Vs British Gas

[thincat]

Re: Thincat CCA issues

Curlyben, you are a star!! Thanks for your most insightful advice. I'm on the case anyway
and now have a clearer idea of where I stand. I'll get back to you soonest because I
want to take up one or two of your suggestions. As ever

Many, many thanks to you and Amethyst

[thincat]

Re: Thincat CCA issues

Bloody hell things are moving!! Got 2 letters today!! One, a "FINAL DEMAND" from a new
DCA in Scotland in relation to the Credit Card2 account (Lloyds Trustcard).
Re this account NO CCA has been sent at all and I have sent (as I said in a previous post)
a "DCA ignores CCA request letter". I've now been passed on to another DCA it seems.

2nd letter received today is re the Credit Card1 account (Lloyds Access). This is in
response to the "Non compliant CCA " letter I sent them. Basically saying that the
a). Agreement is enforceable because since I've been paying them money for a long time!!
b). They're not obliged to provide a copy of the original CCA but they'll see I they can
find the original!!!!

I'll upload the letters to perusal. I hope this is not getting too confusing. I thank you again
Curlyben for sparing the time to advise and support me especially as you're busy with stuff (I know how it feels!) so you're advice and that of Amethyst is appreciated and
respected. More posts imminently.

Thincat

[Curlyben]

Re: Thincat CCA issues

As this is the first contact from the new DCA, WAIT and see what they have to send next. Ignore the first letter.
They can't simply send a Final Demand as an opener.
Complete against pre-action and simply meant as a scary threat.

2a) utter Bovine Excrement. Just because you have been making payments simply means that you have acknowledged the debt, NOTHING to do with it's supposed enforceability under CCA.
b) *Cough* yeah right.
Remember No CCA = No Enforceable debt.

Can't wait to see the letters as i need a good laugh after having a 4 year olds birthday party
------------------------------- merged -------------------------------
Oh yeah, who are the DCA's ?

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
The "Final Demand" letter re the Trustcard Account was sent by Debt Managers Ltd
Heriot Row, Edinburgh.
Thanks for the advice on that one because I was going to send your "Bemused" letter
to them( I was looking at the guides earlier this afternoon).

The Creditcard1 DCA (Access) are Lloyds TSB Card Operations, Customer Services
Recovery.

Won't be able to upload the latest ltters till monday unfortunately but you'll get your
laugh,rest assured.

BTW could you give me a link to Furguson v British Gas? Also don't quite know what
you mean when you say BLS don't officially exist. Would love to know why.

More imminently.

thanks

Thincat

[Curlyben]

Re: Thincat CCA issues

Debt managers, ROFTMAO.
Don't waste a stamp on them for now.
Wait and see what, if anything, they send next.
They WONT be taking the action detailed in this piece of loo roll..


Least the other card is still with the OC, even though it's the internal collections debt.

F Vs BG:
Piece from Eversheds: Lisa Ferguson v British Gas Trading Ltd - Publications - Eversheds LLP

The actual judgement: http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html

It's concerning harassment.

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Thanks for the reply, most helpful. Here are the latest letters received on
saturday for you to look at.
I'm going to check out the links you provided asap. I'm still not clear re existence
of BLS, can you enlighten if possible. Also want to take you up on the offer of
an uploaded letter. More about that later/tomorrow.

Thanks,

Thincat

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Update on where I am now.
1). Uploaded latest letters to you.
2). In process of sending CL Finance the "Non compliant CCA" .
3). In the process of assessing total unfair charges using the spreadsheet and then
claiming.The total exceeds the overdraft limit of the now closed Current Account.
4). Received phone call from Lloyds re one of my accounts however I did point out that
I had specified in earlier correspondence that I was not to be contacted and this call
constituted harassment. I wasn't very happy! This call took place last week and was
ended without me finding out which account the call centre employee was calling about
(I didn't give him much chance). I've logged the call (in writing) and feel that it does
constitute harassment.













































































Questions:-
1) Is it still worth asking you to upload a Dispute Letter to BLS(or Lloyds Recovery Dept)
bearing in mind I sent them a Dispute Letter ( found on the guides) before I stopped
paying the £1/month and I put in an SAR.? I see your point re paper trail/harassment.This
is re the Current Account I'm claiming charges for.

2).Can I mention the missing elements of the CCA CL Finance sent me in the "Non
Compliant CCA" letter I want to send to them? Also is it worth editing the specimen
"Non compliant CCA" letter because the section beginning "the statements sent do
not correspond.............etc" I don't think fit in with my situation.

3). Re Credit Card1 Access is it worth asking you to upload one of your letters in the light
of info you now have?

Yet again I'd be grateful for some pointers.

Thanks,

Thincat

[thincat]

Re: Thincat CCA issues

Hi all,
Sorry for the strange gap in the message- my dodgy typing.

Thincat

[Sapphire]

Re: Thincat CCA issues

Thincat I have flagged this up to Curly for his response, I think he's working at the moment so will probably answer when he gets time off.
Re the harrassment, report them to Trading Standards/Consumer Protection Department at your local Council.

You can read up on harrassment in this guide Legal Beagles

[thincat]

Re: Thincat CCA issues

Sapphire,
Thanks for the reply.

Thincat

[Curlyben]

Re: Thincat CCA issues

1/ dispute letter for charges:

ACCOUNT IN DISPUTE

Dear Sir/Madam,

Your ref:


Thank you for your letter of **DATE**, the contents of which are noted.


I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

2/ I wouldn't specifically detail the missing terms, but a simple statement of the various sections will do.

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1)

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3)

3/ do you mean Dm, in which case just wait for their next letter, if they can be bothered to send one

Yu really need to read this: ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

AND bookmark it as it's extremely useful..