Lloyds TSB v Laura Cooke **Debt written off**

[Laura Cooke]

I cannot understand whu creditors are so obstructive if they want you to go away aren`t they better playing ball? one can only come to one conclusion if they don`t is that they don`t have the data but then it turns out in some case they do it`s just time wasting

[Laura Cooke]

Any advice on posts 68 & 69 please

[diddydicky]

cant read the items in 68/69 but the prescribed terms must be contained with the four corners of the signature document (application form) being attached is not compliant

 

are they undreadable to you?

 

can you post them up so we can read them

[Laura Cooke]

Put them up I thought that if the terms came on back of this application then why didn`t they show it like that instead of sending the application blank on other side and attatching the terms which I think are not correct

[Laura Cooke]

Another question Lloyds Tsb quoting total balance due does this mean account terminated?

[diddydicky]

well it means they regard the agreement to be at an end and are not prepared to allow you to continue making monthly payments

 

( short for yes)

 

if they have followed the CCA and have first served a valid DN and you have failed to comply then they have lawfully terminated

 

if they havn't, then they were not entitled to claim earlier payment of sums not yet due and so are unlawfully repudiating

 

in which case you know what to do now don't you!!

[Laura Cooke]

Yes thought it meant it was terminated but why don`t they send a termination letter? yes know what to do DD their CCA has no Prescribed terms just front of an application/agreement

[diddydicky]

Dear Sirs

 

I refer to your letter of XXXXX which demands payment in full of the outstanding balance of the account. Having failed to serve a valid default notice you are not entitled to claim early payment of sums not yet due under the agreement or to terminate

 

however, as you have clearly shown that you do not intend to perform i accept your unlawful rescission

 

Kindly advise me of the amount of genuine arrears that were outstanding at the time of your unlawful termination.

 

I would advise you that i may have a counterclaim for damages for unlawful rescission to set against any outstanding arrears

 

yours faithfully

 

XXXX

 

make sure you get a certificate of posting and put in brackets on the envelope (and on the posting slip) Ref :termnation

[diddydicky]

the letter from SCM in post 16 is clearly a termination letter.

 

as far as all your other creditors are concerned

 

if you havent done so send s78 requests to them all

 

those that don't respond , or respond with what is clearly not a properly executed agreement Stop paying them and just sit back and let them come after you

[Laura Cooke]

DD I already did what you told me with the s78 and sat back and paid none as none got either one thing or the other right:) thanks DD

[Laura Cooke]

TSB sent a letter today saying £1 is required and is in arrears for the monthly payment plan agreed, stopped the debt payment plan had going with CCCS as it wasn`t manageable sent letter to creditors stating got no available income to make a payment but could pay a £1 a month TSB accepted this for 6 months not paid any creditor though as none got enforceable agreements worried that a court may still go in their favour if it went to court as the DN is ok and refusing to pay a £1 a month surely could be seen as unfair? however the CCA is just the application no prescribed terms from what I can see 1 page application/agreement blank on other side is at post 68 and terms they sent 69 onwards

[Laura Cooke]

bump

[Laura Cooke]

bump advice on post 86 please

[Laura Cooke]

bump advice on post 86 please:)

[diddydicky]

then you now have to make a judgement call- you must either come to an arrangement or let them (if they do) take you to court

 

with an appl form and no PT's (i presume that's what they sent in response to s78) they wont have a cause of action- and as they have failed to comply with s78 (sending you a TRUE copy of an EXECUTED agreement) they are prevented from enforcement

 

post it up so we can have a look

[Laura Cooke]

DD what do you want me to post up the letter I have received? sorry to sound so dim

[diddydicky]

because there might be something in it/not in it- that you have not yourself spotted

 

more hands make light work

[Laura Cooke]

Thanks DD not had your advice for a while so relieved your here again

[diddydicky]

i.m in and out on a course at the moment

[Laura Cooke]

They quoting full balance

Edited April 24, 2010 by Laura Cooke

[diddydicky]

take your name out

[diddydicky]

having had a brief look at the thread again it would appear that they have failed to provide the original agreement/a valid agreement-in which case theyn are in breach of their s78 obligations and may not enforce

 

if you are only paying £1 a month now- they will know full well that even if they got a CCJ you would still only pay the same

 

my advice (but you must decide) would be to write back saying that

 

a/ your finances are such that you cannot afford to make payments and

 

b/ in any event- until such time as they comply with their s78 obligations and provide you with a copy of a properly executed and/or legally enforceable agreement- you intend to file all further communications unanswered.

 

and then just sit back and if they take you to court- well then so be it- you wont be any worse off than you are now i suspect

[Laura Cooke]

Thanks DD only thing that was ok off them was the DN nothing else you have confirmed what I thought we on benefits we have a rented home they can`t get blood from a stone thanks as always for sound practical advice:)

[diddydicky]

Thanks DD only thing that was ok off them was the DN nothing else you have confirmed what I thought we on benefits we have a rented home they can`t get blood from a stone thanks as always for sound practical advice:)

 

then you are in a VERY strong position

[Laura Cooke]

Regarding post 16 SCM sent the formal demand (Termination) on the 29th December this was the expiry date Lloyds Tsb gave me to rectify the DN is this unlawful recission? also SCM had a different balance they requested to what was on the DN