LLoyds PPI, Westcot, urgent help needed, please

[gearbox]

Sent standard template PPI mis sold letter to Lloyds 28th January (forgot to date the letter). Received a statement with a With Compliments slip attached, dated 26th February.
This statement had a nil balance...and had the amount of the loan £9962.76 in the loan repayment column...the descroption of the payment said Other.
Current balance 26th Feb 2007 .. 0.00
Today I've received a Notice of Debt Collection from Westcot Credit Services Ltd for £12,795.29. They have given me until 3/4/07 to pay the debt in full or contact their recovery department.
Can anyone advise me what to do.
I was naive enough to think Lloyds had cleared the debt in full rather than go down the mis-selling route.
The amount of PPI (£5199.51) was added to the loan on day one and as the loan was quite large (£29000.00) I was told I'd have to have the loan insurance to get get the loan approved.
I stated all this in my letter to them...that they have not answered, other than send the statement with a nil balance.
HELP please.

thanks in advance

Gearbox

[hellhasnofury]

Originally Posted by gearbox

Sent standard template PPI mis sold letter to Lloyds 28th January (forgot to date the letter). Received a statement with a With Compliments slip attached, dated 26th February.
This statement had a nil balance...and had the amount of the loan £9962.76 in the loan repayment column...the descroption of the payment said Other.
Current balance 26th Feb 2007 .. 0.00
Today I've received a Notice of Debt Collection from Westcot Credit Services Ltd for £12,795.29. They have given me until 3/4/07 to pay the debt in full or contact their recovery department.
Can anyone advise me what to do.
I was naive enough to think Lloyds had cleared the debt in full rather than go down the mis-selling route.
The amount of PPI (£5199.51) was added to the loan on day one and as the loan was quite large (£29000.00) I was told I'd have to have the loan insurance to get get the loan approved.
I stated all this in my letter to them...that they have not answered, other than send the statement with a nil balance.
HELP please.

thanks in advance

Gearbox

Hello Gearbox,

Don't worry, I do believe that they have been a bit naughty. and haven't you learned the vital lesson NEVER TRUST A BANK

I think they have done this to show you how powerful they are to scare you off. Don't let it work. These financial companies are terrible, they will lie, deny everything and use any tactic they can to stop you getting what they have deceived you out of your hard earned cash.

I loathe them.

Stand strong, firm and be prepared for a fight. You will get your money back because you are right and they are wrong

I am not an expert, but have dealing with these companies.

You may have two options here.

If you wrote to them in January you put the account into dispute and I believe that they cannot sell the debt on. If they argue re: no date on your letter, do you have proof of posting etc. Did you send it recorded?

If so I would write to them again for clarification as to why they have sold the debt that is in dispute and you have received no information as to your refund of ppi plus interest.

If you get no joy from this, because if they don't reply they think you will go away. proceed with your lba and court action. That will make them sit up a little. I think.

If you get know where with proof of your previous letter, you will have to approach the debt collection company, who will pay hardball. Be firm do not give them any more than you want to.

I would ask for clarification of why the debt has gone from £9,000 to £12,000. and maybe YOU offer token payments, as been seen to be a good debtor and they then cannot go any further will this.

I would also send a CCA letter N in the templated libary with a £1 payment to find out who has the actual credit agreement.

Even if your debt has been sold to the DCC you still go for the original lender who robbed you of the ppi

You need to try to be one step ahead of these parasites. You need to keep all letters of correspondence yours and theirs. I actually rang one company on one occassion about a loan that had been defaulted and they had not sent any info about it in my Subject Access Request. they deny holding any info about it. When I rang I spoke to someone who gave me lots of information about. So I wrote to them again and low and behold I was sent it. After persistant letters I actually got the recorded telephone conversation which proved that the ppi had been mis-sold. I am just having a bit of a fight regarding how musch they are going to give me a goodwill gesture. I think not. I want every penny they took from me plus a pound of flesh

So be strong you will get there. read all the thread on the ppi section.

If you need help or advise just ask.

[gearbox]

Hi HHNF,
Thanks for the reply...I'd just been reading your thread and was admiring your stand against these parasites.
I'm not 100% sure I didn't put a date on...(I have memory problems) and was sending two SARs at the same time as the PPI letter. I can't find the copy of what I sent, just the one I had saved to my templates.
I'm not prepared to offer Westcot a penny but thought I might send them a letter stating that the amount they are claiming is in dispute with Ltsb...and until it is sorted to my satisfaction they can whistle, lol.
Did think about resending the letter to the bank and another letter stating that all I had received from them was a statement showing a NIL balance.
I didn't send my letter recorded delivery...just stuck a stamp on, unfortunately.
Did also think about giving the Financial Ombudsman a ring to see what they thought.
If I don't get anywhere I will seriously think about going bankrupt, I have no assets (thanks to the ex) and unless they want to take a very naughty boxer dog off of me ..there's not much else, lol.
I'm just so angry with myself because I didn't send it recorded delivery.
Thanks for the advice...I'll no doubt be asking many more questions and watching your thread

GB

[hellhasnofury]

Originally Posted by gearbox

Hi HHNF,
Thanks for the reply...I'd just been reading your thread and was admiring your stand against these parasites.
I'm not 100% sure I didn't put a date on...(I have memory problems) and was sending two SARs at the same time as the PPI letter. I can't find the copy of what I sent, just the one I had saved to my templates.
I'm not prepared to offer Westcot a penny but thought I might send them a letter stating that the amount they are claiming is in dispute with Ltsb...and until it is sorted to my satisfaction they can whistle, lol.
Did think about resending the letter to the bank and another letter stating that all I had received from them was a statement showing a NIL balance.
I didn't send my letter recorded delivery...just stuck a stamp on, unfortunately.
Did also think about giving the Financial Ombudsman a ring to see what they thought.
If I don't get anywhere I will seriously think about going bankrupt, I have no assets (thanks to the ex) and unless they want to take a very naughty boxer dog off of me ..there's not much else, lol.
I'm just so angry with myself because I didn't send it recorded delivery.
Thanks for the advice...I'll no doubt be asking many more questions and watching your thread

GB

Come on don't give up that easy. I truely understand where you are coming from. I have been there hit rock bottom but gained an insight into their despicable tactics and have come out fighting for what is justice, for me and others.

If we don't fight they win.

I understand what you say about bankrupcy, I did not have that option because they would have taken my family's home. and once that was gone it was gone. And even now winning these parasites would not have brought it back.

Its you decision at the end of the day, but surely its worth a few recorded delivery letters before you decide.

You will find the strength to do it. I call it payback time

[gearbox]

Hi HHNF

I'm not giving up..yet.

Will go down whatever road I can but just saying that I will go bankrupt if the offer left open to me is to pay the lot back.
I've just mailed the financial ombudsman asking for advice...don't know if it will be forthcoming...but I had to do something other than scream, lol.

Thanks for your support, it's appreciated

GB

[hellhasnofury]

Originally Posted by gearbox

Hi HHNF

I'm not giving up..yet.

Will go down whatever road I can but just saying that I will go bankrupt if the offer left open to me is to pay the lot back.
I've just mailed the financial ombudsman asking for advice...don't know if it will be forthcoming...but I had to do something other than scream, lol.

Thanks for your support, it's appreciated

GB

You are very welcome and I wish you luck

If you need help just ask.

[gearbox]

Time is ticking on and I need to do something.
Should I write to Lloyds and Westcots re the debt and tell them both that as the two amounts (PPI & closed current a/c) are under dispute thay shouldn't be hounding me?
I have to reply to Westcots before 3rd April, I don't want to ring them as I think they'll bully me on the phone.
Advice please

a very worried Gearbox

[Gooders]

Gearbox,

right, you really should write to both companies again highlighting that this debt is in dispute. Make it plain and simple! That will at least buy you some time to carry on claiming what you are owed.

Ok so first things first......forget the bankrupt bit, that is a LONG way off!!!

So first wolf at the door........

I would immediately write to Westcott and request that they provide you with a 'true agreement' as laid out in Consumer Credit Act 1974 and a statement of account. (please read up on CCA requests threads for more info). This will cost you £1 and will show you if they have an enforcable agreement and show you why there was a jump in the amounts!!! Under the CCA request, they then have 12 working days to provide you the information, whether they are the original lender or not! After 12 working days, if they do not provide the 'true agreement' (as before you will need to research the CCA to find out exactly what this constitutes) THEY ARE IN DEFAULT and you can legally stop paying until they comply with the legislation!!!! A further calander month after that and they break the law........debt totally unenforcable (possible removal of info from credit reports about this loan)
This will show them you are serious!

Now to the PPI. I would follow the same process with LTSB.... for completeness and hey you may find that they never had a 'true agreement' with you in the first place. I would combine this with a Subject Access Request for the statements pertaining to this loan (if you haven't already done so) which may open up the possibility of reclaiming charges (if any) and (stress may) money paid in against an unenforceable debt. so again, write and request a true agreement and statement of account, include the £1 and £10 for Subject Access Request if required and set the ball rolling! In this letter I would also request an explanation why your debt was sold when it was in obvious dispute! Then re-itterate that you believe you were mis-sold the PPI and intend to claim the full amount back plus interest. They should respond to you fairly quickly!! and if not you have the time frames in the CCA and Subject Access Request to fall back on!

So that will give you some breathing space IMO. It will also give you the information you require to know your legal standing with this debt. Disputing the debt will reign in Westcotts and Lloyds TSB will be forced to revisit you PPI claim.

Oh.....and date all letters and send them recorded delivery!!!!!!!!!

let me know if you need more info.

Gooders

[gearbox]

Thanks Gooders,
Will get on with writing letters.
Should I put a copy of my previous letters in when I send the one to Lloyds. I had used the template letters for PPI and also for the unfair bank charges....and should I put them in for Westcots too?
Also, I think the jump in amounts is the debt from the loan added to the debit balance on the old current account. Give or take a few pence it's around the sum of them both together.
Will make sure I send them recorded delivery too.
thanks again

Gearbox

[dx100uk]

just to back what the other gent is saying.........

don't worry.

i would simply write to Wescot, [they are a DCA THEY HAVE NO POWERS !! - treat them like a walking phone chaser] telling them the A/C is now is dispute with LTSB. They should [legally] now hand it back to them and leave you alone.
If they do not [barring letters crossing in the post]. then....

Fire them off a CCA Request [as advised] & an harrassment letter in the same envelope. that should work. the get on with your claims.

just to make you feel better, have a look at a few threads in the debt collectors etc forum.
see how other have done it.


dx100uk

[gearbox]

Thanks DX.
I'm feeling better already, lol.
Will do some reading and then some writing...as I've already missed todays post I can have a good look on the debt collectors forum.
Thanks for taking an interest

Gearbox

[gearbox]

Argggh...I've composed a letter to Westcots and LTSB and without the help of a template they look like strangled pleas from a demented woman (which is how I feel, lol).
I so want them to sound like I know what I'm talking about but from Dear Sir/Madam they go downhill fast.
Is there a legal argument I could put in anywhere?
Also I'm moving home this week (hence the stress) and won't be moving into my new home for 2 weeks so can't even think straight about which address to put on the letters. Would it be OK to put on a C/O address.
Sorry for all the questions...I'm having a bad week

Gearbox

[Curlyben]

Keep it short, sweet and to the point.
Here's one I sent to Wescot recently:

ACCOUNT IN DISPUTE

Dear Sir/Madam

Re: Account Number: XXXXXXX



I would like to inform you that the balance of this account is in dispute with the original creditor.
Therefore I consider this account to be in dispute and no further action shall be taken until this matter is resolved


I look forward to hearing from you in writing.

Yours faithfully



Blah

Certainly had the desired effect.

[gearbox]

Thanks Curlyben.
Will re-write the waffle now, lol

Gearbox