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fastkam

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  1. Just paid £4.00 for England and Wales Orders & Judgments. I downloaded report and it had no details whatsoever of the claimant. The columns: Name DoB Court Case No. Date Amount Status I already have this info and I can got free from noodle. I was advised by Stepchange to write to Akinika/Arrow a statute barred letter for the loan amount for which CCJ was not obtained. Thank you everybody for your input. Will update post once I get a response from Akinika/Arrow Global.
  2. On the county court claim dated Feb 2009, subsequent judgement against me and warranty of execution the claimant is: PHOENIX REC UK LTD SARL TESSERA 5TH FLOOR MAITLAND HOUSE WARRIOR SQUARE SOUTHEND ON SEA ESSEX SS1 2JS October 2009 - I received annual statement from: Phoenix Recoveries (UK) Limited SARL acting in the name and on behalf of its compartment "Tessera Recoveries" PO Box 5932, Southend on Sea, SS1 9GZ. It continues to state that the debt is managed by Vicol. The CCJ was for an instalment of the loan plus costs - £337 Arrow Global are chasing after the remainder of the loan for which CCJ was not obtained - £15,421 Can the name of the judgement claimant change. In this case, to Arrow Global if the whole debt was sold to them ?
  3. Also, I recently moved back to my parents address and my name was added back to the electoral role. These debts were all registered against this address. I checked on noodle and experian. I have one CCJ which I have already mentioned - £337 (1x instalment and costs) relating to the consolidated personal loan and overdraft debts (phoenix/tessera)
  4. Until now, Arrow Global has only been chasing me for the credit card debt which was a separate default on my credit profile. There was never a CCJ against the credit card debt and the default dropped off the credit profile last year. I also noticed I have not received any letters recently from Arrow Global regarding this debt. I have not recall receiving a Notice of Assignment of the judgment from Phoenix Recoveries UK to Arrow Global. But then again, I would chuck most debt letters in the bin. Is there any way I can check ?
  5. 4 week ago I had a letter from Arrow Global saying that they were instructing Akinika. A week ago I had a letter from Akinika. Just the one CCJ for £337 (1x instalment plus costs) but in the particulars it makes reference to the whole outstanding amount.
  6. Thank you for your reply. Tessera/ Arrow Global got a CCJ against me for the Lloyds TSB personal loan and overdrafts combined. I have stated the particulars above. The CCJ for £337 was never paid and should drop off my credit profile next May as it will be 6 years. Can they make a bankruptcy petition against me ? What is best way to deal with this long term ?
  7. Almost 3 years on... Got PPI refund on the Lloyds TSB personal loan via the Financial Ombudsman Service Defaults have dropped off my credit profile. CCJ will drop off my credit profile next May. But legally, the debts still remain outstanding ? I was going to send Statute of Limitation letters to creditors as I have not paid towards any of the debts and had no contact with the the creditors since FEB 2006. But I believe this does not apply as CCJ was made against me in relation to the claim for an instalment for the combined loan/overdrafts. On my credit profile Tessera default was for Lloyds TSB loans/overdrafts and Arrow Global was for Lloyds Credit Card. Recently, I received a letter from Arrow Global in connection with the default for Lloyds TSB loans/overdrafts. Are Tessera and Arrow Global part of the same company ? Arrow said that they were instructing Akinika Debt Recovery. I received a letter from Akinika recently: "We are instructed on behalf of Arrow Global concerning an outstanding debt due to them. Arrow has obtained a County Court Judgement against you dated May 2009. The balance outstanding under the judgement is £15,420.00." The CCJ against me was obtained by Phoenix Recoveries / Tessera in relation to Lloyds TSB personal loan and two overdrafts. In the past, the only letters I received from Arrow Global were in relation to Lloyds Mastercard debt recovery. Are Tessera and Arrow Global part of the same company or has one sold debt to the other ? I had a look at the CCJ court papers dated FEB 2009: "Claimant: PHOENIX REC UK LTD SARL TESSERA 5TH FLOOR MAITLAND HOUSE WARRIOR SQUARE SOUTHEND-ON-SEA SS1 2JS" "Particulars of Claim The claimant claims 250, such being arrears of instalments due under an agreement made (the Agreement) whereby the Defendant agreed to pay the Claimaint 50 per week of a sum of 15,277.69 being then outstanding under Account Number xxxxxxxx. For avoidance of doubt, the Claimant affirms the Agreement. This claim is solely for the repayments missed by the Defendant in breach of the Agreement. The Defendant remains liable for making monthly repayments under the Agreement until the outstanding debt is repaid." I never agreed to anything with Lloyds or Tessera since May 2006 which is as far back as notes go obtained from the DSAR under Debt Manager section. The May 2009 CCJ was made after I failed to respond this claim: "To the Defendant You have not replied to the claim form. It is therefore ordered that you must pay the claimant £250.00 for debt (and interest to date of judgment) and £87.00 for costs You must pay the claimant a total of £337.00 forthwith" The letter from Akinika continues with the usual our client does not want to pursue legal action. An income/expenditure form is enclosed and a settlement may also be available subject to affordability. Since Decemeber 2012 I have been on Employment Support Allowance (ESA) Support Group due to long terms health problems. What can Akinika actually do ? Are there any options or consequences I should consider ? Thank you
  8. Thank you everybody for your input. I will now wait for a final decision letter from Lloyds TSB. In the meantime I will check the OFT Irresponsible Lending Guide and go over all the information I got from Lloyds TSB DSAR and try to prepare for FOS. Some more useful links with regards to irresponsible lending on FOS site also: http://www.financial-ombudsman.org.uk/publications/technical_notes/financial-hardship-unaffordable-lending.htm http://www.financial-ombudsman.org.uk/publications/ombudsman-news/97/97-complaints-by-students.html#979 http://www.financial-ombudsman.org.uk/publications/ombudsman-news/59/59-banking.htm
  9. I'm not quite sure now. I contacted the ICO again. I spoke to the FSA on the phone and they said that in my case the bank is not obliged to keep records longer than 5 years. I gave the example that I was provided with a loan 7 years ago. Only 3 years ago the bank was pursuing me for repayments of the loan before they sold it on. The FSA person says in this case its still 5 years record keeping required even if this means the bank no longer holds records of statements older than 5 years or even the original credit agreement. This would explain why the complaint handler that some records like from their Consumer Debt Recovery Department and not other like original credit agreements. I contacted the OFT but they kept referring me to Consumer Direct who refer me back to FSA. The OFT does have a Credit Fitness Team who you can write to but they are still dealing with enquiries from August. The Statute of Limitation Act is interesting but how could this act be used in requiring the bank to hold all my information for the last 6 years ? It seemed to be more to do with when you are being chased for debts. Lloyds TSB sold on my debts to Tessera and Arrow Global.
  10. Thank you all. The six years is interesting because I asked the FSA and they said 5 years but I did not ask the Information Commissioner about requirements under the data protection act until now. I contacted the ICO and they referred me to the following link: http://www.ico.gov.uk/for_organisations/data_protection/the_guide/information_standards/principle_5.aspx My personal accounts with overdrafts and loan accounts were closed on 19/05/2006 and 20/05/2006. Therefore, 5 years has definitely lapsed. I am looking to find information that clearly states 6 years.
  11. I agree now not to both arguing with the bank and just to request a final decision in writing so the FOS can get involved. Sending letter as follows to the bank: xxxx November 2011 Lloyds Banking Group Customer Services xxxxxxx xxxxxxx Your reference: xxxxxxxxxxxxxxxxx Dear xxxxxxxxxxxxxxx, Thank you for your response but I do not agree with your decision. I do not have confidence in Lloyds TSB being able to help me any further. Please write to me with your final decision and/or fax me on xxxxxxxxxxxxx Yours sincerely, XXXXXXXXXXXX Thank you for your input. I've decided to not to send any information from my DSAR to Lloyds TSB. I would rather pass it onto the FOS as they are better placed to use the information. The FOS say that although it looks like final decision has already been made, it is in fact a two tier response. Therefore, I have to request them to make a final decision and I have drafted a letter. I have the agreements and T&Cs for credit card and personal loan. I guess I should provide these to the FOS ? There were no default at the time of me applying for credit but as the application data shows, there was a lack of checks when I made multiple applications for overdrafts, personal loans and credit card. http://imageshack.us/f/521/lloydschecksdsar.jpg/ I checked with the FSA and they said the bank only has to keep records for the minimum period of 5 years so its plausible that they do not have all the records. However, in response to my complaint they have made reference to information that they are holding which is over 5 years old. I am therefore led to believe that they are using information selectively in response to my complaint and asking me for all the information I have to help themselves.
  12. Interesting. I currently have a complaint against Lloyds TSB and would welcome your input. http://www.consumeractiongroup.co.uk/forum/showthread.php?256407
  13. I currently have a complaint being investigated by Lloyds TSB with regards to irresponsible lending. Did you make any progress. I contacted the OFT also so their Credit Fitness Team could look into it. Here is my thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?256407
  14. I sent a letter to the data controller last year as follows: Account numbers: xxxxxx xxxxxxx, xxxxxx xxxxxxxx, xxxx xxxx xxxx xxxx Please supply me with all the data that you hold on me. This includes in particular, but is not limited to, the following:- 1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time the account was opened. 2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor 3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. 4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. 5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). 6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. 7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 10. Copies of statements for the entire duration of the credit agreement. I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. Because I no longer bank with Lloyds TSB, I was asked to nominate a local branch where I could pick up all the documents. I received the following: Bank statements for both current accounts Credit card statements Personal loan statements Copies of signed agreements for credit card Copies of signed agreements personal loan Application data relating to my request for increases in overdrafts via Internet banking Application data relating to my request for personal loan via Internet banking shows that my loan application was processed the same as my overdraft application i.e. no credit checks. Scanned page 1 + Scanned page 2 Records of telephone calls including the call I was requested to make to Lloyds TSB when I applied for the personal loan. I can't remember why I had to call them because I was never provided with the loan until I sent the agreements back. The call was made on the 13th January 2005 but I had already signed the agreement on 11th January 2005. Was it just a security check? I suspect the application data for the credit card dropped off the system before I made my request. The complaint handler had some information relating to my current account and personal loan but nothing on the credit card. I also know that when I defaulted - the current account overdrafts and personal loan debts were combined and sold on. The credit card debt was sold on separately. I recall the complaint handler telling me that most of the information has probably dropped off the system as its been over 5 years hence, their card services department could not find records of my credit card. The Lloyds TSB complaint handler who is dealing with my complaint against them for irresponsible lending asked me to send her all the documents I received from their DSAR team last year along with a reply to her letter before she gives me her final decision. I am a bit weary of her request, but on the other hand she can only make her decision based on the information she has available and I'm sure if the FOS did get involved, It would not help my case that I did not provide her with the information. What information do you I give her? I was thinking information that is specific to my arguements namely examples of application data when and where credit checks were not made, income and expenditure information not requested, credit card and personal loan agreements. There's about a thousand pages that would need to be photocopied. Should I continue to try to resolve with Lloyds TSB complaint handler and give her copies of what I have. She could not get hold of some documents because after x years they drop off the system. She confirmed that she did not have my credit card statements or agreements. She would not tell me if she had application data relating to my internet banking. I guess I did my DSAR just before the records were dropped off the system. But she has my bank statements because she makes reference to them in her letter. She just say send me all that you have. If I give her documents, she could re-consider before giving me final decision or shall I just goto FOS ?
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