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:)

[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

[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:)

[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]

[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

[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:)

[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

[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:)

[Dorabell]

Thanks patma:)

[Dorabell]

Hope you can make sense of the pm stuff, Dorabell, just shout if you want some help adapting it to your needs. I'm off to bed now but will check back in tomorrow.

 

Thanks patma will do :)

[Dorabell]

Hi all update it looks like AIC have passed it back to lloyds i have received a letter from sechiari, clarke & mitchell solicitors i cannot post up printer is broken:( its just a copy no signiture saying that they have been instructed by lloyds bank plc/lloyds tsb scotland plc in relation to the above matter you are required to pay the balance bla bla in full in 7days from the date of this letter to avoid county court proceedings being issued against you once proceedings have been issued you will be liable for court cost/solicitors fees detailed below we are instructed by our client that we can accept payment by either debit or credit card we will pass these details on to our client in order that may process your agreed payment kindley note that any payment made will be shown on your bank/and or credit card statement as being made to lloyds tsb bank plc if you have any queries regarding this matter or have any genuine reason for non payment you should contact us with in 7days from the date of this letter to avoid legal proceedings being issued against you ENTIRELY WITHOUT PREJUDICE if you are unable to pay the full balance bla bla our cleint may be prepared to accept a partial payment in full and a final settlement of the outstanding balance, or realistic proposals for regular monthley payments you should contact us on bla bla yours faithfully sechiari.clark&mitchell any advice please:) should i send a copy of the last statement i received from lloyds to them showing charge off acount bla bla in credit £0.00 balance

[Dorabell]

hi RV thanks for your reply:) AIC have been chasing it looks like they have passed it back to lloyds this charge off business i dont understand either :confused:may be some one with more experience can give us some advice

[Dorabell]

Hi all update it looks like AIC have passed it back to lloyds i have received a letter from sechiari, clarke & mitchell solicitors i cannot post up printer is broken:( its just a copy no signiture saying that they have been instructed by lloyds bank plc/lloyds tsb scotland plc in relation to the above matter you are required to pay the balance bla bla in full in 7days from the date of this letter to avoid county court proceedings being issued against you once proceedings have been issued you will be liable for court cost/solicitors fees detailed below we are instructed by our client that we can accept payment by either debit or credit card we will pass these details on to our client in order that may process your agreed payment kindley note that any payment made will be shown on your bank/and or credit card statement as being made to lloyds tsb bank plc if you have any queries regarding this matter or have any genuine reason for non payment you should contact us with in 7days from the date of this letter to avoid legal proceedings being issued against you ENTIRELY WITHOUT PREJUDICE if you are unable to pay the full balance bla bla our cleint may be prepared to accept a partial payment in full and a final settlement of the outstanding balance, or realistic proposals for regular monthley payments you should contact us on bla bla yours faithfully sechiari.clark&mitchell any advice please:) should i send a copy of the last statement i received from lloyds to them showing charge off acount bla bla in credit £0.00 balance

 

hi all can some one advise me on the letter i have received today from the above solicitors do i send the bemused letter your help is most appriciated thank you:)

[Dorabell]

I am new on here... can anyone tell me how to get a thread? ta.

 

hi shi-tzu just scroll down the bottom were it says new thread click on then just write down what you want advice on then just click again you will get good advice:) welcome to CAG good luck:)

[Dorabell]

hi all update i have just received court forms from sechiari clarke and mitchell northhampton court stamped on i need a some advice on how to fill in please i would appriciate it very much

[Dorabell]

bump please

[Dorabell]

hi all i have received court papers from sechiari clarke and mitchell in the northampton court claimant lloyds tsb bank i do have a thread relating this in the debt forum lloyds tsb/allied international i need advice please on how to fill in i appriciate your help please:)

[Dorabell]

Hi Dorabell

 

Wright first things first, will you be defending all the Claim.

If so you need to Acknowledge the the Court papers as this will give you an extra 14 days to prepare your defence.

 

Gaz

hi Gaz thanks for your reply:) yes i will be defending the all the claim