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

[Laura Cooke]

Thanks Mould knew you would come to my aid and DD your continued support is much appreciated I value and act on your advice which in my view is sound many thanks

 

Merry Christmas and a Happy New Year

[car2403]

for what it is worth- and as a general rule (IMO) i would NEVER advice acknowledginbg receipt of, or referring to anything contained in a letter of "assignment" that was sent to me in the normal (unsigned for/unrecorded ) post

 

if the alleged assigned has not been notified to you in accordance with the requirements of the properties act then it has not been properly assigned!!

 

unless of course you are foolish enough to acknowledge the assignment

 

wait until the court summons drops on your doorstep - get copies of the agreement you are being sued upon- and then defend on the basis that the person bringing the claim )the assignor) has not legal interest in the debt

 

This wouldn't stop the OC taking the debt back, reassigning (or assigning properly **snigger**) and then starting again from scratch, IMHO.

 

If the above is used, it amounts to a delaying tactic only, IMO.

 

I'd be looking for other holes to include in a defence, using the assignment issues as part of the reason why they must fail in any claim.

[The Mould]

Hello again Laura Cooke

 

I have received the pm, thank you for that.

 

Tonight I have just read through your entire post (as I had not done so previously), goodness me Laura Cooke, you have certainly been put through the mill.

 

I did not know that your husband had suffered such devastating injuries nor did I have any knowledge of your disabled child, I extend my most heart felt sympathy to you and your family and I wish for you to know that the time has come for the misery that you have suffered to be at an end.

 

So, the agreement/account [was] terminated by Lloyds, by way of that letter you received from SCM Solicitors (dated 29 December 2009), whether or not lawfully terminated will be established upon close inspection of the Default Notice dated 7 December 2009 (you say that you received the DN on the 14 December 2009), also, you say that the figure stated in the said letter from SCM is different to that which is stated in the said DN. The DN could (and probably will) form a part of your defence if Lloyds instruct SCM to commence with proceedings against you (your husband), try not to worry about this side of things.

 

Lloyds have not yet produced the original Credit Agreement (they have simply admitted to not being able to locate the document), however, they claim that you (your husband) have used the credit card supplied and therefore they assert that the evidence of the transactions on the account is proof enough in order to succeed with a claim in the Courts against you (again, your husband), this is not so, because Lloyds will need to prove that you were under an obligation, a duty to repay any monies or credit that was granted to you by them and that you signed a legally binding agreement to this effect, without the original signed Credit Agreement Lloyds cannot prove what the Terms or Conditions (if there were any) were upon which they agreed to supply you with a credit facility or any monies.

 

Your circumstances changed dramatically, the entire pattern of your life was changed forever and so too did your finacial status when your husband suffered those terrible injuries that were inflicted upon him by those useless pieces of clay.

 

Your situation is a factual and genuine one, your creditors should of complied with their obligation to be sympathetic and understanding towards such a drastic change to your personal circumstances, your creditors should of assisted you in your financial crisis, they chose not to, considering the state of the financial climate and the tremendous support given to these bankers, such refusal to assist you is unacceptable and inexcusable.

 

Laura, I need a cup of tea and a smoke of the old famous pipe.

 

Be back shortly.

 

Kind Regards

 

The Mould

[Laura Cooke]

Mould you certainly have looked into the back ground thoroughly, got my autistic nephew now as well to look after my sister passed away in August aged just 49 she had been widowed for 6 years I am now guardian to her young son you couldn`t write this script. My family certainly ready for a change in circumstances

 

My husband struggles to speak due to his brain injury all creditors know the background yet still keep asking him to ring despite numerous letters not to make contact by telephone fos dealing with one particular creditor who was ringing non stop he said by rights the creditors should write off his debts he says they have little or no prospect of ever collecting on the debts, we rent our home we will always be reliant on benefits if cases went to court what are the creditors expecting to receive out of it and what would it cost for them to take it to court

 

Had till 29th December 2009 on the dn yet scm sent letter out that day

 

 

Thanks for the hard work you have obviously put in and at the festive season so my sincere thanks to you

Not one creditor as ever produced a cca or the correct figure owed

[The Mould]

Hello Laura Cooke

 

Back now, where was I? Ah yes, here's a bit more then.

 

Based upon everything contained in your thread, I would say that assignment has not occurred, therefore as stated by me previously, the third parties are strangers to any agreement that exist between you and Lloyds and so any agreement and dispute that has arisen, is between you and Lloyds and is no matter for any stranger to interfere with.

 

Can you check your own records (statements) to determine if you were paying for PPI (the copy of the application form has the PPI box ticked YES).

 

You say that the credit limit was increased on three (3) occassions, did you or your husband submit a request to Lloyds for such increase in the credit limit?

 

In your favour:

 

No original Credit Agreement (as yet, Lloyds still attempting to locate document) - The original must be produced in Court if proceedings are commenced.

PPI on the loan amount? (to be established)

Irrevocably bound to a contract upon completing an application form for a loan/credit facility without first being provided with the statutory right to aquaint yourself with the terms and conditions of the contract that you were contemplating on entering into.

Credit limit unilatterally increased? (to be established)

Defective Default Notice? (to be established) (going to inspect this document shortly)

Genuine and factual dramatic change in your personal circumstances causing serious and irreparable financial crisis - no assistance/support given from any of your creditors.

Harassed by third party debt collectors when the creditor cannot produce any evidence to substantiate that the third parties hold a lawful right to excercise his rights, the creditor also cannot produce any evidence to substantiate that his action of processing my personal data to the said third parties was lawful.

 

Laura, when you sent a response letter to Allied back in July of this year (2010), did you make any reference to their said letter?

 

I shall pm you shortly, in the meantime, try not to worry about Lloyds or any of your creditors.

 

Kind Regards

 

The Mould

[The Mould]

Hello there Laura Cooke

 

I have just seen your post, I am having a bit of a late one tonight so I thought I would go through your thread.

 

You do have your hands full, don't you, I really do believe (not think) that you and your family have absolutely nothing to fear from any of these robots (and that is not simply because you are not a home owner Laura).

 

Going for a cup of tea and of course a smoke, are you going to be around for a short while longer?

 

Come back, Roger - over.

 

Kind Regards

 

The Mould

[The Mould]

Still up Laura Cooke

 

Having looked at the Default Notice Laura the date you say that it was received by you does indeed match up with the date stated on the said DN (7 December 2009 is the generated date of the document, sent 2nd class and given the time of year then, the date of service being the 14 December 2009 (a Monday) can be accepted as fact.

 

14 clear days after the date of service = Tuesday 5 January 2010, Christmas Day, Bank Holiday and weekends are not business days, business days and clear days are one and the same.

 

Can you calculate (from your own records - statements) how many months of payments had been missed by the time that said DN was issued?

 

What happened before the said DN was issued, I mean did you communicate with Lloyds to inform them of the dramatic change in your personal circumstances?

 

I will catch up with you in a few days.

 

Kind Regards

 

The Mould

[Laura Cooke]

Last payment made was May 09 was on a dmp. Told Allied in July that as third party to debt they had no rights to contact us and that the creditors knew the facts and that we couldn`t afford to make offers.

 

The dn said we had till 29-12-09 same day scm sent us a letter people on cag said the dn was ok that we had till 29th looks like this isn`t correct with the Christmas period? if that`s what your saying

 

Kept writing to all creditors prior to going on dmp and before we stopped paying anything altogether kept copy iof all letters and sent them recorded kept envelopes and replies from creditors all ignored what we daid and just kept going on about payments

 

no ppi on loan

 

never asked to up credit they just did it

 

Thank you so much Mould unbelievable what you are doing and the effort reading the posts I will be around today but it`s my nephews birthday want to make it special as he so missing his Mum likewise

Edited December 29, 2010 by Laura Cooke

[diddydicky]

This wouldn't stop the OC taking the debt back, reassigning (or assigning properly **snigger**) and then starting again from scratch, IMHO.

 

If the above is used, it amounts to a delaying tactic only, IMO.

 

I'd be looking for other holes to include in a defence, using the assignment issues as part of the reason why they must fail in any claim.

 

correct (if you cant beat em= join em) - whats good for the goose

[Laura Cooke]

Can`t see what would be gained going to court credit trashed long term sick, rent home, no surplus income, no cca, dn faulty, penalty charges added to total, etc etc

[The Mould]

Hello Laura Cooke

 

OK, so PPI is off the list.

 

What about those figures? The actual monthly payments that were missed and the amount stated on the said DN?

 

The charges you speak of that Lloyds applied to the account, how many charges are there and what is the amount being applied each time?

 

Are all of your debts soley in your husband's name?

 

Catch up with you shortly.

 

Kind Regards

 

The Mould

[Laura Cooke]

In box cleared

[The Mould]

Laura

 

If they do ever manage to find/produce the original Credit Agreement for your husband's account then, in his defence (if they commence with proceedings) frustration in the contract can be argued against their claim.

 

Sit tight, let Lloyds worry about this matter, for there is nothing for you or your family to worry about other than looking after each other.

 

Kind Regards

 

The Mould

[The Mould]

By the way Laura, I forgot to say, there is a movie on E4 tonight at midnight, it is called 'Dog Soldiers', have a look at that if you can, that should cheer you up a little.

 

Kind Regards

 

The Mould

[Laura Cooke]

Thanks Mould will look in on that one could do with some cheering up Uncle just passed away this morning when does this nightmare end

Edited December 30, 2010 by Laura Cooke

[Laura Cooke]

Apex wrote said in another letter arrived we are avoiding the debt we have profiled you and believe you have the ability tp pay this debt.

 

The account will be passed to our litigation team to consider what action to take next this may include obtaining a county court judgement we will then seek to enforce by way of charging order and attatchment of earnings.

 

So much for profiling us we don`t work, we rent our property seems they know all about us then

[jdes26]

they are my dca

and i just sent them a letter saying "prove the debt" or GO AWAY!!!!!!!!!!!!!!!!!

[diddydicky]

i think id be inclined to reply and say

 

Re your profiling and your conclusion that i have the ability to pay,

 

 

 

i'll bet you all you allege that i owe you that I dont!

 

yours sincerely

[Laura Cooke]

DD lol

[car2403]

i think id be inclined to reply and say

 

Re your profiling and your conclusion that i have the ability to pay,

 

 

 

i'll bet you all you allege that i owe you that I dont!

 

yours sincerely

 

I did something similar with a DCA that was clearly fishing - my response to their threat'o'gram was to reply and offer to wager my house on the fact that I didn't owe the money. I then went on to say that I had no legal ownership of the property and proceeded to give my Mortgage company's contact details in case they wanted to see the Deeds.

[Laura Cooke]

I did something similar with a DCA that was clearly fishing - my response to their threat'o'gram was to reply and offer to wager my house on the fact that I didn't owe the money. I then went on to say that I had no legal ownership of the property and proceeded to give my Mortgage company's contact details in case they wanted to see the Deeds.

 

I think this must be a standard reply we have nothing, we don`t work we rent our home there letter threats attatchment of earnings and charging order where do they get these people from

[Laura Cooke]

FOS got Halifax to write off debt and he suggested I informed other creditors of this and to request they do the same and to let him know of outcome, only had response from one creditor who said they cannot accept the medical proof as it`s not recent and they request my hubbie as a further medical this is the same evidence that was accepted by the FOS told them I won`t be supplying anything further. Also had a response from Lloyds Tsb which is a bizarre response they state they are sorry I had need to complain and to restore my faith in them would I accept their £25 cheque how weird it doesn`t answer any pointers on writing the debt off

[Laura Cooke]

Lloyds Tsb despite evidence twice acting the goat saying I should send things recorded I do!!! and have proof of them signing for things what sort of company are they keep saying they can`t locate the papers I have sent and yet again demanding I get further copies told them basically to shove off and look for the papers which might be in the same place as the credit agreement which they have always maintained they can`t find either!!!! reported them to FOS which he asked me to do if I had any further problems with creditors

[Laura Cooke]

Lloyds Tsb have wrote and stated after carefully considering the situation they have wrote off the debt!!!!! so only one debt left now which the Ombudsman is dealing with which is Capital One

[car2403]

You're on a roll, Laura! Woop woop!