Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

[Longwaydown]

Hi all, new to this forum, but have been on CAG for 18 months or so. They seem to be having a few problems on there, so I'm hoping that the good people here can help me out.

In January 09 I sent s.78 requests to Co-Op and Lloyds for credit cards dating back to the early 90s. Naturally, both were put into dispute as they failed to provide anything. Co-Op eventually sent me a letter saying they could'nt provide me with a copy of the agreement, so this has been sufficient to send DCAs packing. Haven't heard anything for a few months, so not worrying too much about that right now.

The Lloyds situation is a bit different. They sent me current Ts & Cs and a "copy" of the original agreement updated with the current financial profile. After doing an SAR, the signed agreement turned up in this bundle but with prescribed terms missing such as credit limit, interest charges apart from a table and APR.

So far, Sechiari, Clark & Mitchell, MHA Collections, Robinson Way, Credit Security Limited and finally, Knipe Woodhouse-Smith have all had a go. Each one has threatened legal action but none has been forthcoming until now.

KWS are solicitors acting for Credit Security and they have given me formal notice of intention to issue County Court Proceedings. To my knowledge, Lloyds still own the account as I have not received any notice of assignment.

My question is:

Can KWS issue proceedings for Credit Security if Lloyds still own the account?

Naturally, I'll be happy if this raises any other questions you might think I should ask!

I look forward to your input.

[Curlyben]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

File it under I.
Crud Sec are serious bottom feeding DCA's that are as toothless as they come.

Reread the "solicitors" letter again carefully and see how many times it says MAY rather than WILL.

You have already been through the real DCA's so this lot are chancing their collectives.

[The Debt Star]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

Looks like Knipe Woodhouse-Smith are a tiny tiny firm of 3 partners and 2 assistant solicitors. Bottom feeding, high street practice operating over a chip shop and chinese takeaway for sure.

Gripe, Barbara Woodhouse, Smith

[Longwaydown]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

Their letter says will not may. I've not responded to them yet - the letter with a 7 day deadline is dated 7th Sept but I received it on the 11th.

Do I write to them and advise them I consider the agreement unenforceable due to missing prescribed terms or wait for the court papers arrive then go down the s.136 route?

[Amethyst]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

Looks like Knipe Woodhouse-Smith are a tiny tiny firm of 3 partners and 2 assistant solicitors. Bottom feeding, high street practice operating over a chip shop and chinese takeaway for sure.

Gripe, Barbara Woodhouse, Smith

I know you weren't being literal, but not a chip shop in sight

[Amethyst]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

Any chance you can post up the Lloyds copy of the agreement ?

[Longwaydown]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

I'll see what I can do - you can see it on this thread though:

http://www.consumeractiongroup.co.uk...ead.php?220320

[WendyB]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

What was the original reason for putting the account into dispute? i.e what was the reason for your CCA request?. What sort of amount is the balance they are chasing? Are there and late payment/overlimit charges?

[Amethyst]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

[Amethyst]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

There must be another sheet/booklet of terms and conditions as the front page refers to 'please ask xxxxxxxxxxx (can't see that word) read' (which makes me think it wasnt supplied with the agreement as a matter of course) 'condition 2 of the full conditions' (2 on the back is about lost cards) 'in your customer copy' (which makes it sound like it was supplied contrary to the 'please ask' bit)

then it refers to conditions 2,10,11of the same, obviously there isn't 10,11 etc on the back. So that implies a seperate document.

On the back it also infers they are a seperate document.

However, the prescribed terms are all within the agreement, its the additional terms (like second card holder) that are in the seperate doc.

You have repayment arrangements, defaults, right to cancel, apr, interest, credit limit (we'll decide) etc on the agreement and that 'bank copy' which looks like the reverse of the main agreement (so 'within 4 corners' and its states at the top 'overleaf' ) so I think this agreement is sound tbh.

You can check the interest rates quoted with your first couple statements. But don't think arguing theres no prescribed terms will get anywhere as they all seem to be there.

Others might see something I'm missing.

With regards to the debt being chased by credit security, I don't know a thing about them, or if they purchase debts or chase on behalf of Lloyds so how you deal with it will obviously depend on the actual status of the debt with them.

Credit Security can be chasing a debt on behalf of Lloyds and get solicitors involved - but the claim would come from Lloyds with KWS acting.

CS have said they havent bought the debt have't they and are just chasing on Lloyds behalf.

Theres quite a few people had similar from KSW and CS and nothing regards a court claim that I can see. They also seem to be after debts that are just on the edge of being statute barred.

when was last time you made payment/acknowledged debt with lloyds ?

The letters say this kind of thing.

re: AKTIV KAPITAL (UK) LTD - HALIFAX

Bank of Scotland

UPON THE INSTRUCTIONS OF OUR CLIENT CREDIT SECURITY LIMITED WE HEREBY GIVE FORMAL NOTIFICATION OF OUR INTENTION TO ISSUE A county court PROCEEDINGS FOR NON PAYMENT OF THE ABOVE DEBT.

IF PAYMENT IS NOT RECEIVED WITHIN 7 DAYS A county court claim WILL BE PREPARED FOR THE ISSUE IN AYLESBURY county court. A CLAIM FEE PLUS COSTS WILL BE ADDED TO THE AMOUNT YOU OWE. CHEQUES AND POSTAL ORDERS SHOULD BE SENT TO:
P.O. BOX 418,
WHITCHURCH,
BUCKS,
HP22 4JS

FOR AND ON BEHALF OF
KNIPE WOODHOUSE-SMITH

All in all, I'd go with Curlyben's, file under I.

[The Debt Star]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

I know you weren't being literal, but not a chip shop in sight

Definitely a "high street" though :faint:

[Longwaydown]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

Thanks for the replies. Amethyst, just the two pages came back from the SAR. This didn't come as a result of the s.78 request. The SAR didn't reveal another document. The advice I'd had previously was that the prescribed terms were missing because they referred to other documents not contained with the 4 corners of the agreement. I'm a bit concerned by your comments though - may have to re-think this!

The last payment I made was December 2008 but they did take a payment from another account of mine in April 2009 whilst it was in dispute which should not have happened - It cost me bank charges for an unauthorised overdraft at the time too. The balance is just north of £15k.

Excuse my ignorance, but what does "File it under I" mean?

[Sapphire]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

I means IGNORE !

[The Debt Star]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

Yes, its an "I" street practice.

[MIKE770]

Re: Knipe Woodhouse-Smith acting for Credit Security Ltd - Threatening legal action

Boom BOOM