robbersway demaning payment for Lloyds CC debt - but no CCA

[spidey41]

have an ongoing battle with lloyds tsb via robinson way ,

 

lloyds have admitted that there is no cca for the credit card account but today robinson way letter arives saying

 

our client has advised us due to the terms and conditions that you agreed to when you opened this account

you remain fully liable for the amount outstanding ,

 

we now require your proposal for repayments .

any help here please

[Stigman]

When was the agreement signed for?

 

If before 2007 then they (Lloyds or whoever) have to produce the original document at Court.

 

What Robbers Way is saying is, we know we cannot force you to pay us a penny as we have no agreement but please give in so we can bleed you dry and add you onto our cash cow list.

 

No agreement, your complete choice if you want to make a payment but you do not have to!

 

Stigman

[spidey41]

agreement was in 1999 so i presume they are stuffed

[BRIGADIER2JCS]

Stuffed as to getting a judgement yes, stuffed as to the debt

being uncollectable/non existant no, they can pursue the debt

by any and all means short of a court claim and continue to

report to CRAs.

 

So when was the debt deafulted, when was the last payment made?

 

Have you checked your CRA files? If not do so.

As this is so old I would suspect it will not show

and may already be statute barred.

[spidey41]

the last payment was only about 6 months ago , i had an agreed amount to pay each month but when they decided i was not paying enough and wanted more i decided to ask for my cca , thats when things got interesting so i stopped the payments , no cca , refused to remove any charges at £40.00 per month , i have all this in writing so have requested that this goes to court which they are obviously ignoring

[BRIGADIER2JCS]

What they say is correct of course the underlying debt exists

and remains payable, so can posture, threat and throw their

toys out of the pram but they cannot go to litigation.

 

Which is why your suggestion is being ignored.

[Fred Bassett]

Absolutely typical of these greedy [edits]. If they'd only accepted what they were already being paid they would still be being paid. How many times have we seen that?

[spidey41]

well they wont be getting paid now , unless a court tells me to

[Fred Bassett]

well they wont be getting paid now , unless a court tells me to

 

Yep and it serves them right. They got greedy and thought they could bully you.

[Bazooka Boo]

Ha ha, another victory for a debtor, foolish foolish dca's never ever learn do they.

[Stigman]

well they wont be getting paid now , unless a court tells me to

 

Have you sent off the Account In-Dispute letter?

 

If not, send one http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Stigman

[Fred Bassett]

Ha ha, another victory for a debtor, foolish foolish dca's never ever learn do they.

 

No they don't and it just shows how completely stupid they are. Nearly everyone who comes to this site has a similar story to tell. They get greedy, they get pushy, they won't be reasonable, bang!! They get no money. Bloody idiots the lot of them.

[spidey41]

just sent another letter off inviting them to take me to court , ive stated under no account will i be paying them a single penny , see what response i get this time

[BRIGADIER2JCS]

No point in that they know they can't enforce in court.

[spidey41]

well this gets more comical by the minute , another letter from robinson way this morning stating that the debt is now not a credit card debt but a current account debt and as such is not covered by the consumer credit act so does not need a copy of my agreement , very odd as i use my account regularly and it is not overdrawn and never has been . i know damned well its a credit card debt so what are they playing at

[cerberusalert]

If you have a current a/c with the same bank as the credit card be very careful as the bank can use the 'off-set' rule. This means they can remove funds from one a/c to pay the other.

 

As for Robbers, tell them to prove it's a current a/c.

[spidey41]

i only pay in to this account to cover 1 direct debit , its only a minimal amount as i stopped useing it fully when the trouble flaired up over the credit card

[Bazooka Boo]

I would still vote with my feet, and close your account, move it to another shady bunch that isn't in the same corrupt banking group, although all banks are corrupt......

[spidey41]

yes i have stopped thye direct debit today , its comical how can a credit card debt turn into a current account debt because there is no cca for the credit card , i hope they take me to court i cant wait to see the judges face with this load of rubbish

[Bazooka Boo]

Hmm this could be a new tactic akin to the 'received payment' so it's not statute barred con.

 

OFT &TS would enjoy hearing about this latest ploy...

[spidey41]

its not statute barred anyway , not by a long way , the thing is there is no way you can suddenly change a credit card debt to a bank account debt its not legal and i dont think a judge anywere in the world would allow this anyway

[Bazooka Boo]

No what I meant was when they are informed that an account is SB they often reply with "We received a payment on dd/mm/yyyy so it isn't"

Which is tantamount to fraud, this could well be another con they are attempting to pull in order to get peoples money.

[spidey41]

yes you could be right , but surely nobody is that stupid to accept it when they say they have changed the debt from a card to bank account , christ you would have to be pretty slow to believe this lol

[Bazooka Boo]

This is DCA's we are talking about here, they are not renowned for being the most educated of people.

 

This is only their second job after flipping burgers..

[spidey41]

heres a question that i do need answering , with a bank account should there still be a signed agreement ? asking this as robinson way are saying you do not need an agreement to take this to court ? i thought you probably would do