Conquistador's UE Diary 2010

[Never-In-Doubt]

Re: Conquistador's UE Diary 2010

You may be better just staying off the radar if it's worked so far

[BBoo]

Re: Conquistador's UE Diary 2010

Sometimes vanishing is the best thing!

[Conquistador]

Re: Conquistador's UE Diary 2010

Just received this today... (See PDF File)

[BBoo]

Re: Conquistador's UE Diary 2010

I haven't read the full thread, and can't at the minute, but I have had one of these letters AND they have gone ahead and got a judgment, so it may be time to take this one seriously. See what In 2 Deep says when he comes along, he's much more familiar with the template letters etc.... on here than I am.

[Deepie]

Re: Conquistador's UE Diary 2010

Just received this today... (See PDF File)

Sorry not been around much today I would send this > Threat by Creditor - Threat-o-Gram Letter Before Action

[garlok]

Re: Conquistador's UE Diary 2010

Hi Conquistador,

1.Never rip letters up, Always keep the envelope as well stapled to it marked with the date you actually received it.
2. I see no mention of a compliant default notice.
3.I see no mention of attempted termination of the agreement via demands for monies not yet due or the full outstanding amount.
4.I see no Notice of Assignment either from Credit Security Limited or the original creditor.
5.Unless Credit Security Limited own the debt in absolute then they have no cause of action via the courts of their own volition, ONLY in conjunction with the original creditor. they alone cannot proceed to court.
6. I see no mention of any claim by Credit Security Limited to being practising solicitors and therefore acting under instructions from Lloyds TSB as the original creditor as their legal representatives.
7.This letter is clearly an attempt to mislead you and could lead to an unfair relationship being established under CPUTR2008 for a start.

Therefore there are a number of issues which they will have to get right before proceeding to court. You have been saying this is unenforceable, so as Credit Security Limited are the ones trying to get heavy I would demand a declaration from them under CPUTR2008 that they actually hold a fully enforceable, fully compliant original document. It is a criminal offence to lie under these circumstances.

That is the start. However I reiterate if you are going to win this one you will need the whole paper trail, so destroying ANY paperwork might not be a good move on your part.

Garlok

ps sorry I2D you posted as I was typing.

[Deepie]

Re: Conquistador's UE Diary 2010

Hi Conquistador,

1.Never rip letters up, Always keep the envelope as well stapled to it marked with the date you actually received it.
2. I see no mention of a compliant default notice.
3.I see no mention of attempted termination of the agreement via demands for monies not yet due or the full outstanding amount.
4.I see no Notice of Assignment either from Credit Security Limited or the original creditor.
5.Unless Credit Security Limited own the debt in absolute then they have no cause of action via the courts of their own volition, ONLY in conjunction with the original creditor. they alone cannot proceed to court.
6. I see no mention of any claim by Credit Security Limited to being practising solicitors and therefore acting under instructions from Lloyds TSB as the original creditor as their legal representatives.
7.This letter is clearly an attempt to mislead you and could lead to an unfair relationship being established under CPUTR2008 for a start.

Therefore there are a number of issues which they will have to get right before proceeding to court. You have been saying this is unenforceable, so as Credit Security Limited are the ones trying to get heavy I would demand a declaration from them under CPUTR2008 that they actually hold a fully enforceable, fully compliant original document. It is a criminal offence to lie under these circumstances.

That is the start. However I reiterate if you are going to win this one you will need the whole paper trail, so destroying ANY paperwork might not be a good move on your part.

Garlok

Thanks Garlok.... good explanation

[Conquistador]

Re: Conquistador's UE Diary 2010

Hi Conquistador,

1.Never rip letters up, Always keep the envelope as well stapled to it marked with the date you actually received it.
2. I see no mention of a compliant default notice.
3.I see no mention of attempted termination of the agreement via demands for monies not yet due or the full outstanding amount.
4.I see no Notice of Assignment either from Credit Security Limited or the original creditor.
5.Unless Credit Security Limited own the debt in absolute then they have no cause of action via the courts of their own volition, ONLY in conjunction with the original creditor. they alone cannot proceed to court.
6. I see no mention of any claim by Credit Security Limited to being practising solicitors and therefore acting under instructions from Lloyds TSB as the original creditor as their legal representatives.
7.This letter is clearly an attempt to mislead you and could lead to an unfair relationship being established under CPUTR2008 for a start.

Therefore there are a number of issues which they will have to get right before proceeding to court. You have been saying this is unenforceable, so as Credit Security Limited are the ones trying to get heavy I would demand a declaration from them under CPUTR2008 that they actually hold a fully enforceable, fully compliant original document. It is a criminal offence to lie under these circumstances.

That is the start. However I reiterate if you are going to win this one you will need the whole paper trail, so destroying ANY paperwork might not be a good move on your part.

Garlok

ps sorry I2D you posted as I was typing.

Thank you for your comments Garlok, is there a letter template i could use regards a declaration demand?

[garlok]

Re: Conquistador's UE Diary 2010

Hi C,

No template here as far as I know and is unusual for this site's methods. However something clear and simple should suffice.

"With reference to the Consumer Protection from Unfair Trading Regulations 2008, I would like you to provide a declaration as to whether you actually hold a fully compliant, fully enforceable original document detailing the agreement you allege exists under alleged account number XXXXX referred to in your correspondence of the XX.XX.XX, your reference XXXXXXX.

Please be aware that under these regulations you are not allowed to mislead me in this enquiry."

Something clear concise and simple should suffice. Of course if they say yes then you can demand a copy (not reconstituted) under s78, if they say no they would look pretty foolish if they turned up in court with one. Plus a reconsttituion if they tried it on must be a true representation of the original and if they don't have an original the recon can never be that can it?

I'm not saying this is a good tactic but usually rocks them back on their heels for a while and often puts matters to bed.

Garlok

[Conquistador]

Re: Conquistador's UE Diary 2010

Hi C,

No template here as far as I know and is unusual for this site's methods. However something clear and simple should suffice.

"With reference to the Consumer Protection from Unfair Trading Regulations 2008, I would like you to provide a declaration as to whether you actually hold a fully compliant, fully enforceable original document detailing the agreement you allege exists under alleged account number XXXXX referred to in your correspondence of the XX.XX.XX, your reference XXXXXXX.

Please be aware that under these regulations you are not allowed to mislead me in this enquiry."

Something clear concise and simple should suffice. Of course if they say yes then you can demand a copy (not reconstituted) under s78, if they say no they would look pretty foolish if they turned up in court with one. Plus a reconsttituion if they tried it on must be a true representation of the original and if they don't have an original the recon can never be that can it?

I'm not saying this is a good tactic but usually rocks them back on their heels for a while and often puts matters to bed.

Garlok

That's excellent and much appreciated Garlok, I'm away right now but will doubtless ship this off on Monday....

[Conquistador]

Re: Conquistador's UE Diary 2010

Letter was posted this afternoon, updates as they come back....

[Conquistador]

Re: Conquistador's UE Diary 2010

Well after all this time (since October 2011) I answered a knock on the front door this evening around 7.30pm, and some innocent looking frail old man asked me who I was and introduced himself as working for a firm on behalf of Lloyds TSB. I told him 'goodnight' and closed the door.

This is the first time anyone has visited the home we occupy, and to be honest I'm pretty angry.

Any thoughts?

[Never-In-Doubt]

Re: Conquistador's UE Diary 2010

Send them this --> Harassment Threat of Doorstep-Visit - allaboutDEBT UK

[PlanB]

Re: Conquistador's UE Diary 2010

Well after all this time (since October 2011) I answered a knock on the front door this evening around 7.30pm, and some innocent looking frail old man asked me who I was and introduced himself as working for a firm on behalf of Lloyds TSB. I told him 'goodnight' and closed the door. This is the first time anyone has visited the home we occupy, and to be honest

Did you tell him who you were? Please say you didn't

[Conquistador]

Re: Conquistador's UE Diary 2010

Did you tell him who you were? Please say you didn't

Unfortunately I did, why?