Unenforceability & Template Letters III

5corpio

Hi looking/needing help. Long winded but trying to keep sweet and straight to the points.
Started the process of the consumer credit act 1974. Sent the 1st letter to Barclay Card (who inherited the account), they £1.00 cheque was returned and they come back with:
Section 78 of the consumer credit act 1974, thank you for your request.....
‘as you may be aware of identify theft is increasing and we have noticed that the address quoted in your letter, differs from the one we currently hold for you. So that we can protect our customers against fraud, we will only change your address if you provide us with your account number, signature, current and previous address when you write to us’
A: i changed the address with them 8 months ago and they have been responding to my letters since as well as accepting payments from me (Am i to assume that there statement is in correct?)
Q: Where do i go from hear? Do i proceed with the 2nd letter as per the chart?
Further part of letter:
‘We will be happy to provide the information you have asked for as soon as we have confirmed your correct address. Please write again, remembering to quote your account Barclay card account number’
Q; Do i just continue with the above Question i asked? OR
They now already shuffled me onto ‘Mercers Debt Collection Ltd’
‘Default notice served under section 87 (i) of the consumer credit act 1974
Q: Do i just follow with the 1st letter to Mercers and start the ball rolling that way?
Thanks :rotfl:

Slickfm

Fitzer2000 wrote: »

Hi NID, I have sent a number of CCA's on Friday. I'm feeling quite apprehensive now. Can I have please have your support and advice in the coming months. Thnaks

Fitzer 2000, have faith in Niddy, he knows his stuff:), we are all in this together, so more than enough support on here;)

Slickfm

never-in-doubt wrote: »

Well done, you're spot on! Send this: Account sold - whilst in Default of CCA Request

p.s. it was an all dayer - was dead at night (old age you see) LOL :beer:

LOL:) I've not been able to do an all dayer for years Nid:( Thanks

Lyndzzz

never-in-doubt wrote: »

Seems Lloyds have joined the forum, under some hidden guise. I know who the user(s) are but am awaiting my proof before approaching them directly.

In the meantime please be uber careful about what you post on here, it's fine - they have no special powers, they are the same as everyone else. However they are now trying to argue the finer points of s.78 within their replies of late, suggesting that you guys don't seek internet advice etc etc....

What they really mean is that they are losing this big-time and are starting to get worried. I'll happily continue to fight them, being they are amateurs in their responses, however you guys need to take caution in what you post about them. They are here, reading things, seeing our responses and trying to be wise. They will lose. The law is simple, they are in breach ergo they will lose.

When I have 100% proof I shall name and shame the user behind Lloyds TSB interests, however in the meantime play caution with the responses on here.

I will reply to jen_br letter on the thread so Lloyds can see that the alleged internet advice that they feel is "misleading" actually dispells their theory in its entirety. s,78 is quite simple within itself and they would do well to sit down and read up on it, learn the finer points and stop confusing different acts within their replies. For instance they still have this firm belief that drawing on an account (i.e. spending) is admittal to liability and thus makes it enforceable - then in the next sentence they say the advice recieved on here is incorrect! Shall I say that again or do we all see where i'm going with this?

Sooo, i'll respond in kind to jen_br later, in the meantime stop being personal about anything Lloyds send you - stick to PM's for the time being until we establish 100% the identity of the user.

Have fun everyone, i'll be back soon with a reply to jen_br.


p.s. Lloyds Staff - get a grip, you really don't wanna fight with me over this - you will lose! :rotfl:

Awesome NID :T - Cant believe they are doing this! They just get lower and lower in my estimation :mad:

Jen-br - hugs to you hun, be strong

jen_br

Lyndzzz wrote: »

Awesome NID :T - Cant believe they are doing this! They just get lower and lower in my estimation :mad:

Jen-br - hugs to you hun, be strong

Thanks !! I have faith and trust in Niddy I know he will come up with a cracking letter Hope you are well!

Rainbow_Liberty

never-in-doubt wrote: »

You will be fine. If i'm a member here, you'll get support. The flows on page 1 also make it easy to DIY should I be PPR'd or decide to walk away so don't worry ok?

You'll be fine.

OMG please don't even give us cause for concern that you might not be here one day, we need you Niddy.

DebtFreeOneDay_3

Hi all, hope your bank holiday weekend is going well.

Just wanting to let jen_br know I'm thinking of you, you're in good hands here but you already know that! Enjoy the rest of your weekend and everyone else too. Bye for now x:)

jen_br

Awe thanks so much guys *hugs* im not worried right now I know Niddy is working on it and im doing my own research too...

Been a weekend with some law books and I have been a busy bunny

Hope your all welll xx Happy Bank Holiday (some of us up in scotland aren't getting it )

macka09_2

I am going to send off for a CCA now but I'm unsure where to send the letter due to me having a ccj. The loan was from Lloyds but it's a Nottingham court that issued the ccj??

jen_br

You will want to send it to Lloyds... Check any paperwork you have and look at the address on the top.