Lloyds CCA- wrong address! Advise please :-)

[Never-In-Doubt]

Re: Lloyds CCA- wrong address! Advise please :-)

Right, I shall send this and keep everyone posted on the results. One quick this, "a copy of which is attached" is this essential as I have no scanner!

well take it out or leave it, they tend not to read all the letters anyway

[mystery1]

Re: Lloyds CCA- wrong address! Advise please :-)

And if you find me a case where I said it was UE where it wasn't I'll stop helping here and walk away......

I only offer help, you don't have to listen to me.

That said, no. you're quite wrong, you never ever push the creditor or DCA into submission and must always see out SB - based on McGuffick meaning as you'll be defaulted already, pushing the creditor into a corner achieves nothing other than the risk of wiping out a recent case law; look at Rankine - need I say any more? She fell flat on her face after trying to push the law and it cost her everything.

That is the one thing we will never do, we always err on the side of caution as is the right thing to do. You wanna play Russian Roulette be my guest but please don't ask users of our forum to do it.

Thanks

Don't know why you took that as a dig.

However nothing i said would be for court as this case hasn't gone to court afaik. Case law is clear on the point though. No address, no case. It also states it can be fixed.

To my mind it won't cause any issues to find out if they can source the correct address as you said the agreement is unenforceable anyway. A free shot at getting them to stop contact and getting a concession pre court, how is that not a good thing even if it's far from a certainty ?

M1

[mystery1]

Re: Lloyds CCA- wrong address! Advise please :-)

You'll find that the methods suggested here do work, they are tried and tested, that's why they are suggested. There may be alternative ways to do things -there usually are- but this forum wouldn't recommend a course of action that may backfire and put the OP in a worse position.

How can you be in a worse position with what i suggested ? If they can get the info easily then it's better to know before any court action, surely ?

There are millions of people out there who can't pay their debts and it's not practical to take each and everyone to court, banks and DCAs have choices to make. They usually go for the easier prey, i.e. those who haven't challenged their agreements.

The idea here is to send letters quoting lots of Statute and Case Law so they can see you know what you're talking about and get them to back off and stay away from court doors till it gets SBd, no point in taking the fight to the banks, let them dig themselves out of their own holes.

Isn't that agreeing with what i said ?

M1

[angelsoxx]

Re: Lloyds CCA- wrong address! Advise please :-)

That reminds me, is it statute barred 6 years from when you last paid, or 6 years from any sort of communication, even if communication was to dispute the legality of debt?

[Never-In-Doubt]

Re: Lloyds CCA- wrong address! Advise please :-)

Last paid. Out templates are worded to avoid acknowledging the debt.

[PlanB]

Re: Lloyds CCA- wrong address! Advise please :-)

I'd write to them and tell them it's a fake and that the address is wrong.3 things then may happen.

1. They fix the mistake and and send a compliant copy.
2. The never reply. The are in default, which can be fixed, but if it goes to court you have evidence of unreasonable behaviour from them and/or that the knew they were in default.
3. They admit they don't have the information they need to get out of default and hence it's unenforceable.

Perhaps if you get no reply SAR them and see if they have the old address.

M1

I'd love to challenge you to a game of poker if you're going to show me your hand before I've downed my first vodka shot

I've won my case in court this week based on the fact that we didn't let the creditor know which details on the documents they had produced for my s.78 request were wrong until after lunch and in front of the judge. Sorted. Claim dismissed (thank you Paul & Niddy). We kept telling them that they hadn't complied with s.78 for months and they couldn't figure out why. It's going to cost the creditor £50k in losses

Imagine what would have happenend if I'd written to the creditor and said "look here you've made this and that mistake". I can. Option number 1 on your list would have happenend without any shadow of a doubt and I'd be the one staring at a bill for £50k (loser pays other side's costs) and a possible charging order on my home

I'm usually free at the weekend if you ever want that poker game

[angelsoxx]

Re: Lloyds CCA- wrong address! Advise please :-)

I'd love to challenge you to a game of poker if you're going to show me your hand before I've downed my first vodka shot

I've won my case in court this week based on the fact that we didn't let the creditor know which details on the documents they had produced for my s.78 request were wrong until after lunch and in front of the judge. Sorted. Claim dismissed (thank you Paul & Niddy). We kept telling them that they hadn't complied with s.78 for months and they couldn't figure out why. It's going to cost the creditor £50k in losses

Imagine what would have happenend if I'd written to the creditor and said "look here you've made this and that mistake". I can. Option number 1 on your list would have happenend without any shadow of a doubt and I'd be the one staring at a bill for £50k (loser pays other side's costs) and a possible charging order on my home

I'm usually free at the weekend if you ever want that poker game

Well done! Did you find out beforehand if they even actually had the correct information?

[PlanB]

Re: Lloyds CCA- wrong address! Advise please :-)

Well done! Did you find out beforehand if they even actually had the correct information?

Absolutely not. The creditor believed in their arrogance that they had produced documents which they could pass off in court as a recon. They must have thought that we were bluffing when we kept repeating our relentless "oh no you haven't " mantra. It was a spendid example of an own goal

Fancy a game of poker some time?

[angelsoxx]

Re: Lloyds CCA- wrong address! Advise please :-)

So hypothetically, if Lloyds decided to take me to court tomorrow, would they use the recon they've sent me without actually checking to make sure its actually right?

[MrsD]

Re: Lloyds CCA- wrong address! Advise please :-)

hypothetically, possibly maybe

[PlanB]

Re: Lloyds CCA- wrong address! Advise please :-)

So hypothetically, if Lloyds decided to take me to court tomorrow, would they use the recon they've sent me without actually checking to make sure its actually right?

Depends who their solicitors are

This site doesn't let it get that far. I got unlucky when I got zapped with a court summons before I found this site or it wouldn't have happenend. The template letters work by challenging everything while at the same time not admitting anything. If all goes well the creditors and their DCAs get tired of playing the game and move on. I've been at it for two years so only four more to go.

I hope this happens to you too

[angelsoxx]

Re: Lloyds CCA- wrong address! Advise please :-)

But if I found out before then that they didn't actually poses the original cca, and they didn't know they had the wrong address on the recon, then am I right in thinking I'd just have to prove that I didn't live at that address until long after they claim I signed with them and they have no leg whatsoever to stand on?

[angelsoxx]

Re: Lloyds CCA- wrong address! Advise please :-)

Depends who their solicitors are

This site doesn't let it get that far. I got unlucky when I got zapped with a court summons before I found this site or it wouldn't have happenend. The template letters work by challenging everything while at the same time not admitting anything. If all goes well the creditors and their DCAs get tired of playing the game and move on. I've been at it for two years so only four more to go.

I hope this happens to you too

Brilliant! And well fine and thank you.
2 have said they have nothing so far, one has sent a utterly pointless bit of paper, Lloyds is the only one arguing. 4 more have yet to reply, but they ask date back to between 2000 and 2003 so I feel optimistic! Must are with dca's now, doubt they have anything to back it up.

[PlanB]

Re: Lloyds CCA- wrong address! Advise please :-)

But if I found out before then that they didn't actually poses the original cca, and they didn't know they had the wrong address on the recon, then am I right in thinking I'd just have to prove that I didn't live at that address until long after they claim I signed with them and they have no leg whatsoever to stand on?

Hypothetically speaking. If you wanted to prove to the court that you didn't live at the address on the recon at that time, then common sense says you would have to provide the appropriate evidence of this (Land Registry, council tax bills etc). No one can second guess whether the creditor has anything else up their sleeve, so this is no time to get too complacent or overly confident.

I just didn't want you to lose faith in the logic and reasoning behind Niddy's system.

As things happen along the road you may need to change direction, and from what I've seen on this site someone will guide you as to what to do then. Keep us in the loop won't you

[angelsoxx]

Re: Lloyds CCA- wrong address! Advise please :-)

I'm following niddy's advice 100%, I was just curious as to what would be the case if it did get that far.