Lloyds TSB Mastercard

[Goldlady]

Is there a connection between CJD and the bullsh*t that these people spew out?

[N.P]

I'm just reading this thread again and I'm sorry N.P but I must question this statement.

Was it really a stupid cow or a Lloyds employee suffering from CJD ?

Infact is there a difference ?

 

Pete.

 

Hi odds,

 

I think it was just your average bog standard stupid cow, I could smell the bull**** coming out the phone. Although she could have had CJD, it sounded like she was dragging her ass behind her.

 

It might have been blue cows mate from Cbeebies

 

 

 

N.P

He who laughs in the face of defeat

[spiritgirl59]

We see that you haven`t paid anything into your account since 31st October 2007 and that you are using the Planned Overdraft. So we just wanted to check if there`s a problem.

N.P

 

That must be the understatement of 2007 for Lloyds TSB N.P. !!

 

Love SG x

[N.P]

Hi SG,

 

Yeah, it almost brought tears to my eyes thinking they may actually care, sniff.

 

Regards

 

 

N.P

[N.P]

Hi again boys and girls,

 

We have an update from my long lost pals at Lloyds TSB.

 

I had a few letters from them this morning.

 

 

 

First Letter -

 

A Default Notice Served under section 81(1) of the Consumer Credit Act 1974.

 

It goes on to read, the Balance £6,040 with Arrears of £361.

 

The amount contains over 5 years of PPI, some unlawful charges and the arrears is non payment of the monthly minimum fee, due to non-compliance of my CCA request.

 

It goes on, if I don`t bring the account upto date by 6th February they will issue a Default and instruct their Solicitors to claim what I owe them through the Courts.

 

 

 

Second Letter -

 

States that my Payment Protection has been cancelled due to the account being in arrears. It goes on to read that no further premiums will be applied to the account.

 

 

 

Third Letter -

 

Lloyds TSB sent me a shiny new Cashpoint Card. They still must have feelings for me :o

 

 

Fourth Letter -

 

They have paid all Direct Debits this month, but even though there wasn`t enough money in the account to pay them all, they won`t be charging me.

 

These idiots are amazing. There are NO Direct Debits on the account. I cancelled them all and moved them to a different Bank. I just pay in the monthly Interest for the Overdraft.

 

 

 

Does anyone have any idea`s on how to respond to this nonsense?

 

They still haven`t responded to my CCA request and have now started being nasty, as well as still applying charges and interest every month, and trying to withdraw the monthly payment from the Current Account, then adding more charges to that also.

 

If it goes to Court, could I challenge this on incorrect amount due to missold PPI and added unlawful charges? The Current Account also has unlawful charges applied.

 

I`d welcome any advice / help / info from anyone.

 

I look forwards to hearing from you soon.

 

Regards

 

 

N.P

[odds]

Hi again boys and girls,

 

We have an update from my long lost pals at Lloyds TSB

 

 

 

 

Does anyone have any idea`s on how to respond to this nonsense?

 

They still haven`t responded to my CCA request and have now started being nasty, as well as still applying charges and interest every month, and trying to withdraw the monthly payment from the Current Account, then adding more charges to that also.

 

I`d welcome any advice / help / info from anyone.

 

I look forwards to hearing from you soon.

 

Regards

 

N.P

 

Hi N.P

When you say they are taking the monthly payments from your Current Account, is this your CC Minimum Payment ? Even though there is no DD set up for it.

I don't know if you saw the letter I posted from them regards my Personal Loan. I have cancelled the DD for that and yet they are now charging my Current Account £25 for non payment, which means it will now go into the red

Now my argument is there is no DD set up on that account and therefore they shouldn't be able to make a demand for payment from it. I am paying token payment direct to my loan account, whether they like/acknowledge it or not.Anyway with this letter it had a Sheet and it clearly states they will only use funds where monies are available in other accounts.

So what they are saying as far as I can see is. If the full amount is available they will take it, if not they will just put charges on the other account.

Probably no help at all but it seems like the same situation.

 

Pete.

[spiritgirl59]

Hi N.P. & Pete

 

We had a similar situation with Lloyds some years back. My OH had a loan account with them and when we were struggling financially he cancelled the DD, after telling them he was going to do so and requesting a discussion about a reduced payment plan.

 

They then proceeded to transfer money from his current account into the loan account and as a result our mortgage repayments weren't made several times as there was not enough left in the current account once they had helped themselves for the full amount of the loan repayments.

 

All this was going on while my OH was attempting to negotiate reduced payments on the loan for a short time and they KNEW our financial difficulties, but in the end they made it so much worse for us by using current account monies for the loan.

 

They are an absolute nightmare! We had one department being sympathetic and agreeing to negotiate reduced payments, and another department taking the full bloomin' whack without permission.

 

Our argument was that the mortgage repayments were the most important and my OH did intend to make repayments on the loan, he wasn't trying to get out of paying it - he only cancelled the DD because it was using up so much of his income....but they carried on regardless!

 

I know its no help to you but just wanted you to know we'd been there, and we do know how you feel right now.

 

Love SG x

[N.P]

Morning all,

 

Right, I`ve just realised that I never got around to sending these morons the letter in Post 65. I know, how silly of me?

 

I guess now would be a good time to send it.

 

Does anyone have any paragraphs I could add about still applying interest and charges to a disputed Account? Because as far as I`m concerned with them doing this, they are adding these charges which makes the interest even higher every month, yet again another profit making [problem] designed to steal money from customers. Not that I ever concidered myself a customer, just a mug who needed somewhere for his pay to go.

 

Regards

 

 

N.P

[N.P]

Hi again people,

 

Just bumping this up again.

 

Has anyone any idea`s about my question in the above post? Post 83

 

I`d like to get my letter away this week.

 

Regards

 

 

N.P

[spiritgirl59]

Hiya N.P.

 

Have bumped your thread

 

I've not been in this exact situation with a bank so I don't know what to say to you.

 

I've had DCA's adding charges to disputed alleged debts but after non provision of a CCA by them it hasn't mattered, if you know what I mean, because I would not be paying them anyhow without an Agreement.

 

Hope someone gets back to you as I'd be interested too know what to put in this scenario as well.

 

Love SG x

[poker_mad]

I had lloyds tsb taking money out of my accounts whenever there was enough credit, I take it your current account is with lloyds? If so just close your account and open another with another bank, its the only way to stop them. Its in the terms that they can use funds to pay your credit card.

[N.P]

Hi spiritgirl and poker mad.

 

Yes, I have a Current Account with Lloyds also, which is now no longer in use, except for the £30 a month I`m putting in to cover the interest on the overdraft. I`m expecting them to add this to the Credit Card and ask for the whole lot back in one lump, yeah, right, like I`m going to pay that lot back in one lump.

 

I now have my wage going into a Halifax account which is where my Direct Debits are being paid from. Thing`s like internet and mobile phone service only.

 

It`s just the Lloyds Credit Card account is now in Criminal Offence territory, yet they are still adding on missed payment and non payment charges, and also interest, which would be wrong due to the charges being added.

 

I thought, once an account is in dispute, all activity should stop on it. Is this right? If so, is there any Statute I can fling at these idiots? Preferably on a piece of soiled arse wipe, tied around a brick with razor wire.

 

I wish I was a Bank, then I could do ignore all laws and do whatever the hell I want.

 

Thanks again folks.

 

Regards

 

 

N.P

[Goldlady]

LTSB allowed greenflag (who were then part of LTSB) to take money out of OH's account using his OUT OF DATE debit card which they had cancelled due to the mess the account was in. He had come to an agreement to pay LTSB back at £50 a month and then greenflag stole the lot and totally screwed up the account again. Still in dispute with them - awaiting £1K charges refund.

[N.P]

Hi Goldlady,

 

I don`t know, but maybe I`m missing something here. I thought all these financial institutions are supposed to be helpful and professional, as well as responsible?

 

It seems these companies just do whatever they like to people. The reason is, is because they have so much money floating about, it doesn`t matter what law they break, no fine will be enough to cause any damage really.

 

Even if a Judge does fine a Bank a huge wadd and cause the Bank problems, the Goverment will just TAX us more to get the money to help the Bank out. The Goverment are a bunch of knobs too! They can quote me on that. Nothing but parasites, I hate this country! The whole place is Bankrupt!

 

Ignore me I`m just having a twist again. Someone has too.

 

Regards

 

 

N.P

[Goldlady]

I'm just glad I don't work for a bank. How can anyone be on the other end of a phone to someone who is about to be financially ruined due to ridiculous charges and spout terms and conditions? I applied for a job with GE when they moved their call centre for Newcastle, as I thought I could make a difference (find the delete key:mad:) but chickened out - they tried to repossess my house so I had good reason to want to work there:D

[N.P]

Hi again boys and girls,

 

Right, just to confirm I sent Lloyds Collections the letter yesterday by Recorded Delivery, no signature yet though. I`ll keep you updated.

 

 

 

 

DO NOT IGNORE THIS LETTER!

 

 

 

ACCOUNT NUMBER: N.P`s card number.

 

Dear Morons,

 

RE: REQUEST FOR COPY OF CREDIT AGREEMENT

 

Further to your recent Default Notice dated 9th January and your letter dated 17th December 2007, the contents of which are noted, although, quite frankly I am astounded by its contents.

 

May I draw your attention to the first paragraph of your letter wherein you state "it would appear this account is currently a low priority to you". On the contrary it would appear that my request under Consumer Law is in fact a low priority to you, since you have taken the decision to totally ignore my letter dated 21st September 2007.

 

You should note that I have no intention whatsoever of contacting you by telephone to discuss this matter. I will only communicate with you in writing. You will not receive from me any "explanation" as you put it, regarding the activity on my account since I am still awaiting a response to my letter dated 21st September 2007 or your "explanation" as to why you are unable to respond fully to its contents.

 

I must advise you that any legal action you commence will be most vigorously defended, and I will show the court all correspondence in my possession of your blatant disregard for my rights as a consumer under the Consumer Credit Act 1974.

 

I note that to date you have still not complied with my request for a copy of the credit agreement for this alleged debt which you are pursuing me for.

 

The Consumer Credit Act 1974 demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 21st September 2007.

 

My request remains outstanding and I still require you to send me a true copy of the original credit agreement. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

For the avoidance of any doubt I have included section 78(1) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

(7) This section does not apply to a non-commercial agreement, and subsections [(4) to (5)] do not apply to a small agreement.

For an agreement to be properly executed it must contain certain terms and be signed by both debtor and creditor. The required terms are laid out in regulations (SI 1983/1553) and is covered by sections 60 and 61 Consumer Credit Act 1974

To clarify s61(1) states

(1)A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

Therefore based upon the Consumer Credit Act 1974 this debt, as it stands, is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced.

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection.

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

 

What I Require.

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974 and a true copy of the original Application Form. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist.

No other correspondence will be accepted.

I trust this out lines the situation.

 

Regards

 

 

Me

Right, I think that is all for now.

 

Regards

 

 

N.P

[Goldlady]

Excellent letter - I love it when the worm turns:D. I sent one (to LTSB as well I think) that started with 'TAKE NOTE' using exactly the same disrespectful and abrupt tone they had used with me.

[N.P]

Hi Goldlady,

 

Thanks for the post, glad you like the intro, heh heh.

 

I`ll probably get a letter from Silly, Clark & Michelle or whatever they`re called stating Lloyds TSB wish to sue you for calling them morons.

 

Yep, I like the disrespectful and abrupt tone too. I beleive respect is something that must be earned. The only thing these parasitic bum holes have earned is my wrath!

 

Thanks again.

 

Regards

 

 

N.P

[Goldlady]

I can't believe that only 18 months ago I was scared to death by their threatograms. Now I am almost disappointed when our only post is junkmail.

[odds]

I'm still a few steps behind you yet, thankfully I have never had a DD set up for my Mastercard. But they are really winding me up now cos they haven't even had the decency to acknowledge any letters I have sent them regarding my situation

So if they can't be bothered to write, then I can't be bothered to get up and answer the phone.

I wish I had call recording facilities, cos I'm pretty good at winding people up over the phone

 

Keep it up N.P still following you mate.

 

Pete.

[N.P]

Hi odds,

 

Good to here from you again. Thanks for the post.

 

I have posted on your thread.

 

Do you have a mobile phone? I have a Sony Ericsson K800i. These phones have a call recording facility which records the call directly to the phones memory or memory card. I`m not sure about other phones, but I beleive the SE K810i and K850i also have this facility. Otherwise your wasting your time with them, just keep a log of all calls you make and receive and also a copy of all letters you send and receive.

 

Keep up the spirits, they`re in the wrong here, not you.

 

Don`t let them stress you out, you need to keep strong for your op.

 

Regards

 

 

N.P

[Goldlady]

You can always tell them the call is being recorded. That seems to do the trick:D

[N.P]

Hi again boys and girls,

 

WE HAVE AN UPDATE!

 

Right, this morning I received the following letter from Silly, Clark & Michelle asking for a big wadd of cash from me, obviously a big wadd that I don`t have.

 

It reads -

 

 

 

 

It seems like these imbeciles didn`t like me calling them morons, not that anyone ever reads or answer my letters. What a waste of time, I thought they looked quite cool on paper myself.

 

Now, the bum holes have also stated that interest is being added on a daily basis, and if I don`t pay up they will destroy my world and the lovely planet we all live so happily together on. Shouldn`t they have stopped all charges and interest once the account was in dispute? It would seem not, but this is a Bank we are talking about, and they can do whatever they want, because us lesser mortals are all just insignificant little pieces of dump, that can be bullied and flung off the beach banks when they get bored with us.

 

The thing is, I`m still waiting for my damn CCA, Application and Original T`s & C`s from over 5 years ago when I opened the Mastercard.

 

The Account has charges applied and also PPI, which I would like to check out, because they probably tricked me in buying it, if buying is the correct name. This was upto £45 a month on it`s own at the time of press. Now, without my paperwork I can`t seem to do much. Does everyone know where I`m coming from?

 

Right, things are getting interesting with this now. I`ve seen a suitable letter kicking around the Forums that I could chuck at these irritating little pip squeeks. If someone could point me in the right direction, it would be mostly appreciated.

 

I look forward to hearing from you all and you comments again.

 

Regards

 

 

N.P

[Goldlady]

I think I have one or two of those letters in my file NP. But I don't care what cr*p they write, they still have not sent me anything remotely resembling a CCA since my request almost a year ago. I had a letter telling me that as the account was over 6 years old they had no duty to keep the agreement but it remains enforceable. So obviously there is another reason why they have not issued proceedings:D

[N.P]

Hi Goldlady,

 

Thanks for the post. I look forward to that letter, the snottier the better.

 

How old IS your account? Mine is just over 5 years.

 

Regards

 

 

N.P