Claiming back and CCA diary

debrag

this thread is extremely helpfull. As I have now go the money I am going to claim charges + CCA from a couple of my creditors.
I now need to work out what address to send to and I'll be fine

JoV

fermi wrote: »

To be honest I can't really say whether it is best to send this or wait.

But if it was me and I decided to send it, then I would amend as follows:

(Green bits are my changes, but that is obvious really)

My changes may not also not be correct.



EDIT: The correct people to complain to about the "offence" is trading standards, so you might want to add in something about that as well.

Hi, noticed your letter above and wondered if you have a template for the 12 +2 days letter requesting CCA, barclaycard have failed to respond to my first letter.

Thanks

kel123_2

I sent the letter in post 9 and amended it to suit each one of my creditor. JoV read other threads as some say send some say do not, It's your choice. Again there are other letters around, it is what suites you and your style there is no hard and fast rule

Kel

susanmarie

You could claim that its causing financial hardship and have the case reviewed if you facing eviction or have rent arrears, etc

debrag

So I have:

Credit cards:
HFC
Barclaycard
Capital one
TSB
MBNA

Overdraft:
TSB

Loan:
TSB
FN/GE Money

Who can I claim for?

kel123_2

debrag be sure you want to follow this route, it is not easy and the outcomes are mixed.

OD in hesance are not covered by the act as such although they should supply the current standing of the account if you cca them, loans and cc are covered by s77/78 of the consumer credit act of 1974 although amendments were made in 2004 for online applications and 2006 (07) to protect the lenders further.

It may be benefical to apply so you know exactly were you stand and make decisions after that. there are plenty of letter about to pick from.

If you want to claim charges etc then read the bumf about them in martins claiming back section and use the letter there.

Send everthing recorded delivery and the appropreate fee. I got my son to do the cheques (call it a xmas pressy LOL) so they could not acuse me of having more money for the DMP. This made it easier to track.

kel

kel123_2

WELL YOU ARE GOING TO ENJOY THIS:rotfl: :rotfl: :rotfl:

Please read through and wait for the suprise at the end

Received today

2 letters fom Lloyds TSB Card operations service recovery about both the cc accounts. These are the ones that I sent back because they were application forms and they sent a letter for each saying that they are investigating.

Dear XXXXX

Case Reference: xxxxxxx

I am writing to update you on where we are with your complaint.

As you know it is now four weeks since you told us about your comcerns and ordinarily we would have hoped to have resolved this by now. I am sorry to say that depite our best efforts, we have not been able to do this yet.

We will write to you again within the next four weeks, either with our responce to your complaint or with an estimate of when you can expect it.

Thank you for your patience

Yours sincereley

squiggle

Now remember I am not paying to these accounts.


Our platinum current account has not been used for atleast 2 years and we were asked to send the cards back. and I have had a few phone calls about it as I have said in the post above

SO TODAY

We have been sent shiny new Visa debit cards with the pin numbers to follow. Do you think they still love us!?!:A

So should we go on a spending spree (5k guarentee under Visa)

or

Should we cut them up and send them back saying what the %%%% are you playing at?

It's great bing a Lloyds TSB customer:T :T :T

stapeley

Yes people need to be wary of this tactic . Example , if your card account is from say 2005 , it could be that the CCA was not correctly executed . Therefore if you then received a band new one ,this new card would come up under the amended regs , and by using it would in effect be accepting the new conditions . Result , no need for a signed CCA .

kel123_2

Stapeley are you saying that they don't love me and are only after more of my money to secure what I already owe them. I am gutted at your suggestion, please write out 100 times 'they have my best interest at heart'

Stapeley you bad boy you

lots of fun
Kel

kel123_2

More activity from me

Complaint letter off to Lloyds & FOS & TS (Brighton & Walsall)

Xxxxxxx
Xxxxx
Xxxxx



15th May 2008

Lloyds TSB Bank
Collections Centre
PO Box 487
Brighton
BN1 4DR

Please consider this letter to be a formal complaint with regards to two joint accounts xxxxx and xxxxxxx

These accounts are different xxxxxx is a current account and xxxxxxx is a loan agreement. Both are covered by different sections of the Consumer Credit Act 1974. So we strongly object to them being linked together by Lloyds TSB Bank.

We have now received 13 phone calls from you and request in line with the Data Protection Act that you remove our number from your system and contact us in writing only.

13 phone calls may not appear to be over the top but when you consider that the loan agreement is in dispute and you have asked for payment and that you have refused to discuss the current account because we will not discuss the loan agreement then you can understand why we have forwarded this letter to the Financial Ombudsman, Walsall Trading Standards and Brighton Trading Standards.

Date Time Why Comments
19-Apr-08 Asked for xxx xxx - Hung up while fetching my husband
25-Apr-08 12:28 To discuss loan and Current account xxxxxx - said it was inconvenient could they please phone back
25-Apr-08 19:15 To discuss loan and Current account xxxxxxx - wanted to discuss loan agreement i.e. how much we could pay per month, refused to discuss because it was in dispute, they agreed that the computer screen says that, They would not discuss the current account because I would not discuss loan agreement payments
26-Apr-08 14:14 Asked for xxxx xxxxxx - Hung up while fetching my wife
26-Apr-08 To discuss loan and Current account xxxxxxx - wanted to discuss loan agreement i.e. how much we could pay per month, refused to discuss because it was in dispute, they agreed that the computer screen says that, They would not discuss the current account because I would not discuss loan agreement payments
29-Apr-08 12:05 To discuss loan and Current account xxxxx - wanted to discuss loan agreement i.e. how much we could pay per month, refused to discuss because it was in dispute, they agreed that the computer screen says that, They said that they could see that we are paying through Payplan and could I get in touch with payplan as the 6 month arrangement is up
02-May-08 20:39 Stopped ringing before we got there 1471 - Lloyds TSB
02-May-08 20:45 Asked for xxxxx xxxxxx - Hung up while fetching my husband
09-May-08 18:00 To discuss loan and Current account xxxxx - Asked for increased payments to loan and current account and set this for the next 6 months, said that the computer does not say the loan is in dispute
10-May-08 15:30 To discuss loan and Current account xxxxxx - Asked for increased payments to loan and current account and set this for the next 6 months, said that the computer says the loan is in dispute and that we have not kept to our agreement
15-May-08 08:10 Stopped ringing before we got there 1471 - Lloyds TSB
15-May-08 09:10 xxxxxx - silence when answered and then went dead, 1471 - Lloyds TSB
15-May-08 09:39 Stopped ringing before we got there 1471 - Lloyds TSB


Loan account xxxxxxxxx

Verbally you have said that this agreement is in dispute. We have not received any other communication from you. I enclose the 3 letters that we have sent to you for your perusal.

Current account xxxxxxx

You are fully aware that we are having financial difficulties and that Payplan is overseeing our Debt Management Plan and that we have put in a claim of £1114.48 against charges on the account. In your letter of the 11th April 2008 you acknowledge receipt of the claim but advise that you are waiting for the outcome of the hearings. You have totally ignored the FSA agreement that you should deal with hardship cases immediately. We have a £5000 overdraft limit on this account but unfortunately we are over this so as per your letter of the 25th April 2008 you are adding charges and interest.


Standing as of 25th April 2008

Planned Overdraft Limit: £5000
Balance: £5101.15

Standing as per letter dated 6th April 2008

Planned Overdraft Limit £5000
Balance: £5118.15

By ignoring the FSA agreement you are actually increasing the burden of debt on us! Under these circumstances we ask you to reconsider your position and deal with our claim against charges now.

We look forward to your reply



Xxxxxxx xxxxxxxx


Sent the last 2, 1 calander month letters, to Link and AIC. Here is the letter I sent to all (with revisions)

xxxxxxxx

xxxxxxx
xxxx
xxx

21st April 2008

Lloyds TSB Bank Cards PLC
Financial Management Unit
Charlton House
Charlton Road
Andover
Hants

Account Number xxxxxxxx

NOTICE - OFFENCE under s77/78 of the consumer Credit Act 1974.

Failure to supply the requested documentation within 12 working days plus one calendar month.

This account went in to default on the 19th March 2008 when Lloyds TSB failed to comply with a reasonable and lawful request under the consumer Credit Act 1974, to supply a true copy of the executed Customer Credit Agreement for this account

This account remains in dispute and this letter constitutes a formal
complaint, although it is envisaged that no further correspondence
will be entered into, if you wish to enter into further correspondence
then I require you to supply me with a copy of your formal complaints
procedure and a "final response notice" that I may then forward to
the Financial Ombudsman Service with the details of my complaint.

Summery of how this account became unenforceable

29th Feb 08 Letter to Lloyds TSB (attached) requesting a list of bank charges and a copy of the true Customer Credit Agreement for this account, for which the maximum charge under the Data Protection act 1998 and the Consumer Credit Act 1974 was enclosed (£10 and £1 respectively). The letter was sent recorded delivery and was signed for on the 3rd March 2008. The cheque was cashed on the 8th April 2008.

26th Mar 08 Letter to Lloyds TSB (attached) advising you that you are in default of the Consumer Credit Act 1974 and that this account was now in dispute. The letter was sent recorded delivery and was signed for on the 28th March 2008.

10th Apr 08 Letter to Lloyds TSB (attached) stating that you had sent an application form

It is not my responsibility to advise Lloyds TSB on the relevant sections of the Consumer Credit Act 1974, only to make you aware of the validity of said act: Attached is a recent copy of a letter sent by Gareth Thomas MP (Parliamentary Under-Secretary for Trade and Commerce) to Owen Patterson MP on the 15th February 2008 with regards to one of his constituents. (personal details are omitted in line with the Data Protection acts)

Under the Consumer Credit Act 1974 and in conjunction with the Administration of Criminal Justice Act 1970 and Malicious Communications Act 1988, it will be deemed harassment if you directly or indirectly contact me with regards to payment or proposed legal action on this account. Furthermore I reserve the right to seek compensation for these actions, also I reserve the right to report Lloyds TSB to all relevant authorities upon such actions.

Following Lloyds TSB failure to comply with any reasonable and lawful request, I cannot see no alternative but to request that you remove all references to this account both in house and from all third party including all Credit Reference Agencies.




xxxxxxxx