I sent letter 1 on 9 July and letter 3 on 30 July, I have been sent an interesting response I thought would be good to share wit you all and to see what you think about the points raised. The text below comes from a letter sent by Lyoyds TSB on 11 July immediately after they recieved my first letter. I didn't recieve this letter but they did enclose it in a letter sent to me on the 3 Aug:
[tab=30]Thank you for your letter dated 9 July addressed to our Chief Executive. I have been asked to reply on behalf of the bank. A s I understand matters, you have asked for a copy of your contract documentation and validation/verification of your debt.
[tab=30]We note your comment that your letter should not be dealt with as a complaint. However, we are required to inform you of your right to refer any concern you may have against us to the Financial Ombudsmen Service (FOS) in the event that you are unhappywith our final decision. In order to comply with our obligations in this respect, we are therefore treating this as a complaint, although we acknowledge your right to litigate through the court should you elect to do so.
[tab=30]Additionally we are obliged to address our letter to the title we hold on our records although we will not be paying the fees you have suggested for doing so.
[tab=30]I'm afraid we do not fully understand the points you are trying to make but I'm advised by our legal departmentthat we are under no obligation to provide you with the documents and information asked for in your letter. The fact that we have not provided such and have not replied to your letter point by point is not and cannot be construed as acceptance of the terms you suggested.
[tab=30]Given the contents of your letter, I am concerned that you are obtaining incorrect advice as to your legal rights from a third party or internet website. You appear for example, to have recieved misleading advice in relation to the Bills of Exchange Act 1882. please note that the terms and conditions of our products clearly set out how you can make payments into any of your accounts with Lyoyds TSB and these terms and conditions are binding. If you are unsure as to your legal rights then I strongly recommend that you seek independent leagl advice.
[tab=30]Although you have suggested you do not require one, we can of course provide you with a copy of your credit card agreement which complies with the Consumer Credit Act 1974 and any associated regulations. In these circumstances you should continue to make payments due under the agreements. If you do not maintain your repayments we may report any defaults to the credit reference agency, issue a default notice, commence legal proceedings and seek enforcement of the judgement.
[tab=30]Notwithstanding this, you have asked for validation of the debt. Debt validation (and verification) we believe is a concept originating from the United States of America under the United States Federal fair Debt Collection Practices Act. This legislation does not apply in the United Kingdom and therefore we will not be providing you with a sworn affidavit as requested.
[tab=30]For the reasons set out above we do not accept that you are entitled to any of the remedies you have requested and, having reviewed your complaint, we are not aware of any matters that would give rise to a claim.
[tab=30]I should also stress that it is the bank's obligation as a responsible lender to advise customers as soon as reasonable that they are in arrears. the bank will give no undertaking not to contact you to ask for payment, particularly as your aleged "dispute" is unfounded.
[tab=30]I am very keen to make sure I have resolved your complaint fairly. If you feel I've misunderstood your complaint or have any further details you think I should know please do not hesitate to come back to me.
[tab=30]If you remain unhappy, you also have the option to contact the Financial Ombudsmen Service, so long as you do this within six months of the date of this letter. I've enclosed a leaflet providing contact details and information about their service.
[tab=30]If you have any questions about my reply or have any further information to add, I will be very pleased if you call me personally on 0845 601 0678 (identity code *********)
[tab=30]Yours sincerely
[tab=30]Unsigned
[tab=30]Andrew Watkins
[tab=30]Executive Complaints
So there we have it. My intention is to send Notice of Estoppel at the end of August but would welcome any advice you may have regarding the above text
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