lloyds claimform - old tsb debt - Lost Case - agreed variation order - but DCa's keep still chasing to up agreed payments

[Dorabell]

Hi all

i need your advice again please:)

in april i requested a copy of cca

this is what they sent

i will post up it looks

like they have passed it on to Allied International,

i have received this card thru the post

it was in a envelope

i requested my S.A.R which i received last week

all they have sent me is 5months of statements from may to september 03

on my credit file its showing number 6 and has not been updated for 2months

any advice is most appreciated thank you:)

[Dorabell]

http://i253.photobucket.com/albums/hh66/marjiedoors/lloydstsbaplication.jpg

 

http://i253.photobucket.com/albums/hh66/marjiedoors/Alliedinternationaldemandletter.jpg

 

Bump:)

[ScabHunter]

I don't know about anyone else but I simply can't read the application form/agreement well enough to know whether it is enforceable or not.

 

Can you upload it to Photobucket so it might be easier to read?

 

We really do need to get a consensus on whether or not this is enforceable before knowing how to proceed.

 

SH

[Dorabell]

I don't know about anyone else but I simply can't read the application form/agreement well enough to know whether it is enforceable or not.

 

Can you upload it to Photobucket so it might be easier to read?

 

We really do need to get a consensus on whether or not this is enforceable before knowing how to proceed.

 

SH

 

Thanks SH already with photobucket it is a poorly copied have try,d again i can not get any clearer there are no precribed terms on there just name, account number under neath a bit were it says balance transfers

[ScabHunter]

OK. Firstly, that "agreement" look totally unenforceable.

 

If what they have sent you is in the same state as your posted version, then it is illegible. From what I can see, It looks to lack just about everything needed for an agreement. This is only an opinion, as it is on here it is clearly not fully legible.

 

When was this sent to you? From your first post, it seems as though the alleged debt has been sold on while the account was in dispute. Naughty.

 

If they wanted to take me to court on the back of that illegible application form I would invite them to do so.

 

Write to Allied International with the "Account In Dispute" letter, as it should never have been passed to them in the first place.

 

Keep all of the letters of evidence of LTSBs misdemeanours for possible future action.

 

SH

[Dorabell]

OK. Firstly, that "agreement" look totally unenforceable.

 

If what they have sent you is in the same state as your posted version, then it is illegible. From what I can see, It looks to lack just about everything needed for an agreement. This is only an opinion, as it is on here it is clearly not fully legible.

 

When was this sent to you? From your first post, it seems as though the alleged debt has been sold on while the account was in dispute. Naughty.

 

If they wanted to take me to court on the back of that illegible application form I would invite them to do so.

 

Write to Allied International with the "Account In Dispute" letter, as it should never have been passed to them in the first place.

 

Keep all of the letters of evidence of LTSBs misdemeanours for possible future action.

 

SH

Thanks for your reply this has been in dispute with tsb since april:)

[Dorabell]

Hi all just received a telephone call from Allied international (Dont now were they have had the number from i change the phone number 4months ago:mad:) asking to confirm security qustions which i dident, he quoted are you awere about the outstanding debt i said i am not going to discuss this on the fone i said this account is in dispute, he got quite angry he said calls are being recorded i kept saying in writing please he mentioned court proceedings, and said they dont write to discuss a account its done by telephone, and in the next breath ok then we will send you a letter that we will be going down diffrent avenues them is words i thout he said we dont send letters out:confused:

[Dorabell]

Hi all just received a telephone call from Allied international (Dont now were they have had the number from i change the phone number 4months ago:mad:) asking to confirm security qustions which i dident, he quoted are you awere about the outstanding debt i said i am not going to discuss this on the fone i said this account is in dispute, he got quite angry he said calls are being recorded i kept saying in writing please he mentioned court proceedings, and said they dont write to discuss a account its done by telephone, and in the next breath ok then we will send you a letter that we will be going down diffrent avenues them is words i thout he said we dont send letters out:confused:

 

Can some one please point me in the direction for the harrassment letter thank you:)

[ScabHunter]

You need more than a templated letter for this one, as it is blatant harassment, AND they are trying to collect on an account which is firmly in dispute, AND they are using a private number which was not given to them.

 

Start making a log of all nuisance calls now. It is time to go on the offensive.

 

Make a list of every possible transgression you can think of, as you need to build up the strongest possible case to eventually take this to the ombudsman.

 

SH

[Dorabell]

You need more than a templated letter for this one, as it is blatant harassment, AND they are trying to collect on an account which is firmly in dispute, AND they are using a private number which was not given to them.

 

Start making a log of all nuisance calls now. It is time to go on the offensive.

 

Make a list of every possible transgression you can think of, as you need to build up the strongest possible case to eventually take this to the ombudsman.

 

SH

 

Thanks SH will do:)

[Dorabell]

Hi all update with AIC received this letter today i will post up any advice please:)

[Dorabell]

[The GodMother]

Hi Dora.

 

What stage are we at with lloyds?

 

Have you sent a letter advising them the CA is unenforcable? If so have they replied?

 

I would advise you remind AIC the account is in serious dispute with LTSB and if they continue with there threats then you will be reporting them to the police, TS and OFT.

 

Also i notice the letter has broken OFT guidelines on debt collection by asking you to pay on card which falls under the extending of further borrowing.

[Dorabell]

Hi Dora.

 

What stage are we at with lloyds?

 

Have you sent a letter advising them the CA is unenforcable? If so have they replied?

 

I would advise you remind AIC the account is in serious dispute with LTSB and if they continue with there threats then you will be reporting them to the police, TS and OFT.

 

Also i notice the letter has broken OFT guidelines on debt collection by asking you to pay on card which falls under the extending of further borrowing.

Hi GM glad to see you back:) sent lloyds the letter advising unenforceble the next thing threatning letter from AIC they was collecting on behalf of there client i have not received any letter from lloyds to say they have passed on to AIC for collection

[The GodMother]

ok then i would advise you tell AIC that you are currently disputing the Debt with LTSB and that untill the dispute is delt with then you expect to hear no more from them and if you do u will be making a formal complaint to the relivant authorities including but not limilted to TS, OFT, FOS your local newspaper, national newspapers and the BBC news channels for local and national news and there tv programes panaroma and watchdog.

[ScabHunter]

That is an interesting letter, isn't it?

 

The first paragraph sounds as though it was written by an eleven year old who has just failed his first English exam -

 

"immediately our Client have authorised us...."

 

Not "Clients have", or "Client has".

 

The last part conjours up some interesting pictures as well, doesn't it?

 

"You must telephone this office immediately to make payment in full using one of the following methods -"

 

I can see people paying with credit and debit cards over the telephone, although as the GM has already pointed out, there is a problem with a credit card asking people to borrow more money, but CASH????

 

I can just see some old boy now, rolling up a five pound note and trying in vain to stuff it into the holes in the telephone receiver. Or maybe you just quote the serial number, and they print off a brand new one the other end? You wouldn't put it past them, would you?

 

And a BUILDING SOCIETY CHEQUE???

 

Roll it into a ball, stuff it into the receiver, and move it along the wires all the way to the offices at the other end, until it comes out in the telephone operator's earhole.

 

What about HSBC BANK?? How can you pay at a bank over the telephone??? Are you supposed to pay your money to the lovely people behind the counter, then have a demolition ball crush the branch into a pulp, still with the people inside it, pulverise it still further with a giant pestle and mortar, and then pour the powder into the telephone receiver so it comes out the other end?

 

I think we're getting into the realms of fantasy here, Jones.

 

Still, it saves having to buy the Dandy or the Beano, doesn't it?

 

SH

[The GodMother]

Dora shout if you want a GM special.

[Dorabell]

That is an interesting letter, isn't it?

 

The first paragraph sounds as though it was written by an eleven year old who has just failed his first English exam -

 

"immediately our Client have authorised us...."

 

Not "Clients have", or "Client has".

 

The last part conjours up some interesting pictures as well, doesn't it?

 

"You must telephone this office immediately to make payment in full using one of the following methods -"

 

I can see people paying with credit and debit cards over the telephone, although as the GM has already pointed out, there is a problem with a credit card asking people to borrow more money, but CASH????

 

I can just see some old boy now, rolling up a five pound note and trying in vain to stuff it into the holes in the telephone receiver. Or maybe you just quote the serial number, and they print off a brand new one the other end? You wouldn't put it past them, would you?

 

And a BUILDING SOCIETY CHEQUE???

 

Roll it into a ball, stuff it into the receiver, and move it along the wires all the way to the offices at the other end, until it comes out in the telephone operator's earhole.

 

What about HSBC BANK?? How can you pay at a bank over the telephone??? Are you supposed to pay your money to the lovely people behind the counter, then have a demolition ball crush the branch into a pulp, still with the people inside it, pulverise it still further with a giant pestle and mortar, and then pour the powder into the telephone receiver so it comes out the other end?

 

I think we're getting into the realms of fantasy here, Jones.

 

Still, it saves having to buy the Dandy or the Beano, doesn't it?

 

SH

Thanks SH i do like posting the letters up for you all to comment:lol: your post has made me laugh:-)

[Dorabell]

Dora shout if you want a GM special.

 

Yes please:)

[The GodMother]

Will do just later as i have a letter of my own to write

[Dorabell]

Will do just later as i have a letter of my own to write

 

Thanks GM:-)

[Dorabell]

Hi all update i have now recived all statements from my request S.A.R from lloyds tsb on the last statement dated 29th september its says charge off account bla bla cr 00.00 any advise please

[Patma]

Hi Dorabell, I had the same thing happen with a Barclays SAR request in respect of 3 accounts. The consensus of opinion on the forum was that this meant the debts had been written off. I wrote to Bcard complaining that they had been chasing debts which showed a nil balance and they went strangely quiet.

Don't know what tohers think, but it worked for me.

[Dorabell]

Hi Dorabell, I had the same thing happen with a Barclays S.A.R - (Subject Access Request) request in respect of 3 accounts. The consensus of opinion on the forum was that this meant the debts had been written off. I wrote to Bcard complaining that they had been chasing debts which showed a nil balance and they went strangely quiet.

Don't know what tohers think, but it worked for me.

 

Thanks patma for your reply:)

[Patma]

This was the standard letter I used Dorabell.

 

DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

ACCOUNT NUMBERS:

Dear Sir or Madam,

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you, including copies of all correspondence.

I require that you provide me with ALL data you hold on me and that which you have processed to DCAs (list any here) and any other third parties, copies of all correspondence and telephone logs.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose a cheque for £10 in payment for this Subject Access Request.

Yours Faithfully,

 

(PRINT YOUR NAME, DON'T GIVE YOUR SIGNATURE)