lloyds bankrupting me is this legal

[Desperate Daniella]

Hi Calkim,

 

You'll get different thoughts here. As you will have seen I also have had problems with AIC. I also have a number of credit cards and sent CCAs in early November, and got some which are decidedly suspect - and no proper response from some others, so I am chasing.

 

I have been told by a barrister friend of mine (not her area at all, but she is very clever) that if I continue to pay after sending the CCA requests I am admitting I have a debt. I had made one payment since I sent the CCA requests, but was very bullied, and only spoke to my friend after that. I am absolutely not paying any more until I get a valid CCA - if I do!

 

They should have responded within 14 days (12+2 (for postage I believe)). It's more than that since you sent off the CCA so you can send them the account in dispute letter and tell them they can't add interest, chase for payment and so on.

 

I am hopeless at the links but someone else here will give you the thread that includes that.

 

DD

[calkim1]

just received a letter from AIC stating they didnt have to supply me with the cca and i would have to start paying the debt and it was my debt. i have written to them any other ideas

[palomino]

AIC are bullies and are very adept at mis-telling the truth. Don't bother talking to (at?) them as they don't listen.

 

If you have written to them with a request for your credit agreement then they must supply it. Ignore anything they tell you to the contrary.

[c_allen]

Hi, i can't really advise you, but if you have a read of this thread it will give you a good idea of what these DCA's are really like and what they can in reality do to you, have fun reading it but it may take some time lol

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131409-cheekiness-towards-dca.html

[calkim1]

hi just received a letter from aic stating they are sorry for all the phone calls and say they will stop but can i start to pay them some money. i still havent heard from them about the cca i have sent them the 2nd letter stating they havent sent me the cca and the debt is still in disbute what is my next move do i send another letter or ignore them

[calkim1]

can anyone advise please

[palomino]

They want you to pay something as this would be a tacit admission that you are liable.

 

Keep on hanging in there!

[42man]

Ignore them at this stage....you have a record of the letter and recorded delivery slip....i'd say until they supplied it then, it is still disputed....

[calkim1]

thanks will do nothing

[calkim1]

yet another letter received from AIC MISSED PAYMENT

 

Dear Mr -----

our records inidcate that allied internetional credit(uk) ltd(aic) have not received a payment in accordance with the agreed proposal to repay your above account.

unfortunately,this agreed payment proposal will be cancelled should you fail to contact aic on receipt of this letter and make arrangemnts for this payment to be made.failure to contact aic may also result in your account being transferred to our collection department,where the outstanding balance will be due immedialety.

if a debt adviser is handling your financial circumstances please ensure you pass a copy of this letter on to them .

 

i know this is a ploy to get me to telephone them but should i reply in writting or carry on ignoring them.

[pinky1977]

hiya

if you sent them the dispute letter and they havent responded then the account is still in dispute until they produce an enforcable agreement

 

hang on in there

[Desperate Daniella]

Hi,

 

I agree with Pinky. Ignore them. What makes me laugh is that AIC are referring to their "collection department". They are the "collection department".

 

DD

[calkim1]

thank you for replying

[calkim1]

I today have received a letter from LLoyds solicitors telling me they are taking me to court if i do not pay them in 7 days.The letter states i have 7 days to agree a payment with them or county court proceedings will be issued against me and that i will be liable for £190 court fees and £100 Solicitor fees.It states i have 7 days to reply to this letter if i have a genuine reason for non payment as of the date of this letter(22nd April).They add that they might consider a realistic monthly payment and should contact them asap, this comes from Sechiari,clark and Mitchell.This matter concerns a credit card that i have sent AIC a dispute letter and the follow up letter.Should i speak to them on the phone and advise them of the situation ,send them copies of the letter or ignore them,though this slightly bothers me,as do not want a CCJ against me and more charges.I await any details that any of you good people may have to help me on this mattertks Mark

[citizenB]

Ihave merged two threads into one:D

[citizenB]

Calkim, is this to do with your other thread ?

 

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/172788-lloyds-bankrupting-me-legal.html

[hammyhound]

I had the same, as advised on here I sent this.

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights, remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more the absence of any documents disproving my points itself speaks volumes.

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due.

 

I trust this outlines my position clearly enough for you.

Not heard from them in over a month now. Their letter before that offered me a discount and I still ignored that. I feel that if you ignore they think you haven't got a clue whereas if you keep at them with letters they know they are at a sticky wicket and will back off.

 

Hope this helps.

 

HH

[citizenB]

Ok, I have read your other thread some of which applies to the Lloyds Credit card you are discussing here . I will move this thread to the General Debt issues forum where you will get more assistance. I will also move over the posts that are in respect of this thread in order to give people offering assistance a better idea of where you are at. .

 

Ok it looks as though you havent received a copy of the agreement you requested, in which case you can send the letter in the following link to Sechiari, Clark & Mitchell.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-.html

 

Send it Recorded delivery.

 

HTH

[42man]

Is this anything to do with the letter you have received from Lloyds today Calkim ?

[calkim1]

Yes, this is to do with original thread now moved onto this letter received yesterday.Thanks hammyhound for yr advice,will send them your letter and see what happens, tks to you all Mark

[calkim1]

debt collection agency have sent a letter stating that court action will proceed if i do not contact them within 72 hours and they will instruct debt collectors to come to my house and take goods to the value of the debt. i have ask for the cca and as of yet still had no reply after 5 months. do i contact this company and tell them this debt is in dispute or leave it

[citizenB]

Are you able to remove any identifying informatin and scan that letter in calkin.

 

A DCA cannot enter your home and remove anything without a court order. Therefore if you havent been to court and had a judgement made against you they are talking utter rubbish.

 

Which DCA is this ?

[calkim1]

the company is iqor recovery services the new name is legal and trade recovery services. i will get the letter scan asap

[citizenB]

They should know better, yes please scan letter in.

[calkim1]

i hope this has scanned in ok. i have sent the company the letter that was suggested by yourself. i would be gratefully for any thoughts you have on this letter

Edited May 6, 2009 by calkim1