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I have a disputed debt of about £330.92, and I have argued with Lloyds TSB about this for 18 months now. I contend they owe me £133. - Long story, bot not relevant to my question.
Over the last 1 year, I have had one debt collector after another. They ignore my letters telling them ther debt is disputed.
Between 03/08/06 and 24/03/2007 I disputed claim with LLoyds TSB without success. 8 letters out, 12 letters in.
24/03/07 Buchanan Clark & Wells, demand for £330.92 on 24/03/07 - replied 29/03/07 disputed it - another demand 24/04/07 - replied again, disputed it - 12/05/07 demanded it again - disputedit & issued notice under protection from harassment act - 12/05/07 BCW sent Notice of default for £330.92 - I ignored it. 4 letters in, 3 letters out.
29/03/07 Financial Ombudsman Service - complaint - they didn't reply. 1 letter out.
24/05/05 Sechiari Clark & Mitchell - solicitors, demand for £330.92 and threatgende court action - I ignored it, I wanted to make my counter-claim against LLoyds TSB on receipt of N1. 1 letter in.
10/07/07 BLS Collections - ignored it - another demond on 13/08/07 - replied disputed it. 2 letters in, 1 letter out.
07/09/07 Allied Internation Credit, replied - disputed it - another demand on 14/11/07. 2 letters in, 1 letter out.
35 letters and Im getting tired of these demands and dealing with these muppets!
1. Who should I complain to?
2. What laws prootect consumers from having multiple debt collectors chasing the same debt - any links to legislation?
3. What is OFT663 - any links?
4. Can I stop these letters? how?
It looks like the debt collectors are actually reading your letters, relaiisng they are not going to collect and passing it back to Lloyds TSB who then pass it onto a different collector for hm to try his luck. It also sounds as if it may be connected to an overdraft or something similar because if Lloyds owe money then that could be from unfair charges etc.
I would write to Lloyds TSB and demand to know WTF they are up to. If there is a dispute they should attempt to resolve it. If it is subject to the moratorium on court claims they should not be passing it out to all and sundry.
Its nothing to do with bank charges. I should have explained this in my 1st post. I switched from Lloyds TSB in 2004 and closed the account transferring the balance to a new account.
In 2005 I get a letter from Lloyds TSB saying that some American Express travellers cheques that I paid in have been returned. They are fake. LLoyds TSB opened a new bank account in my name - new account number - with a debit balance of £330. I asked for the return of the 'fake' travellers cheques, so I can get them refunded from the drawer. No, says Lloyds TSB, they are fake and have been destroyed.
They started sending me bank statements, I disputed them. I dont even have an account with them. Then demands, then red letters, then they forclose the account as delinquent. Then it was all these debt collectors. One of them was a solicitor. Sechiari Clark & Mitchell. I filed a complaint of misfeasance against them with the Law Society - dismissed. I filed a complaint against Buchanan Clark & Wells - for impersonating a solicitor - dismissed.
I dont need to do a S.A.R - (Subject access request) because I already know the bank's position. I want to stop this nuisance. I don't know how. I dont want to end up getting into further protracted correspondence.
Well, if they were ringing you then it could be stopped, but as they are writing to you , I am not sure that there is an awful lot you can do about it, but I wil ask around
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
iv had the same problem with Barclays, they have harrasesed me for 2 years, the bank even apoligised but i still keep getting letters from debt collectors threateing to put a ccj against me. I wonder if i can take them to court??
I would be inclined to ask the bank for a copy of the application to open the account, these days evidence has to be provided to open even the simplest of accounts. A bank can't unilaterally open an account in someones name. I believe that would be classed as Fraud.
Get them to prove the account was opened by you, with your knowledge and agreement.
If they have destroyed the travellers cheques in the knowledge that they are fake and accepted them to be fake, then the only way they could have acted in this way is on the assumption that you are the fraudulent party, although the presentation of fake travellers cheques by you would be a strong case, however, without any sort of criminal investigation (and now without evidence) they cannot proceed along these lines. any court would demand to see evidence of the fraud - which they have conveniently destroyed)
For the record:
Trying to prove that a group of paralegals working for a DCA are not solicitors is like trying to shovel milk with a seive, they almost always have a qualified solicitor who will be happy to agree that they were heading up the DCAs actions. therefore the paralegals have a right to act
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Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Firstly, feel free to move this post if you think it would be better on another thread - I would have started my own but I'm unsure how to do so!
Basically, I sent a S.A.R - (Subject access request) to Lloyds at the end of July 07 for two accounts - a current account (still in dispute) and a credit card account I paid off in full and closed in 2005. I got an abridged list of charges to the current account with a letter warning me about trying to claim back said charges. Sent another letter Dec 07 saying they had not complied but I would give them a further 14 days to do so. This passed with nothing from Lloyds but with letters from 2 DCA's instead (Buchanan Clark and Wells, and Apex Credit Management - both part of the same company)
Complained to Office of Information Commissioner on the 8th Jan about Data Protection Act breach by Lloyds, and wrote to Lloyds on 10th Jan informing them of this and making them an offer of no further action if they agreed to stop chasing me (or getting anyone else to do so) for the 'debt' and correct any defaults. I asked for a response in 14 days.
On Saturday (12th Jan) I finally received the current account and c card statements I'd requested, though well outside the 40 day maximum AND the extra time I gave them.
The last page of the most recent current account statement I was sent shows it was closed on November 21st 07, with an amount paid in to the account which exactly covers the outstanding amount they had the DCA's chasing me for. Payment type = DEP (which according to their statements means DEPosit), but the details bit on the statement says "TFR to CDR".
I assume this means "TransFeR to Customer Debt Recovery" or something similar, but I have received nothing at all from Lloyds to say they are selling/passing the 'debt' on. There has been likewise nothing in writing to say my account was to be closed or reasons why. Having read a fair few threads I'm pretty sure this is illegal.
Anyone else experienced anything similar?
I received another letter from Apex (on Sat 12th, same post as my statements arrived in) saying 'a review has been undertaken on your account and you have been selected to take advantage of a 40% reduction'. It was dated 9th Jan 08.
Today I received a letter from Geoffrey Parker Bourne solicitors telling me to pay Apex dated 10th Jan 08 (the full amount mind, without the '40% reduction'). The letter however just directs me back to Apex saying GPB will not enter into correspondence with me on this account.
?!?!?!?!?!
I'm not overly worried about the DCA letters as I'm pretty sure they don't have a leg to stand on. I informed Lloyds in the Dec 07 letter that it was unlawful for them to pass details onto DCA's, but DCA letters have continued since then and they've even got their solicitor to try and throw their weight behind it now. Is this just lloyds making more cock-ups which I can mention if this ever goes to court?
Wondering what to when 14 days run out - I told them I'd commence court proceedings, plus complain to fos and FSA.
Lloyds TSB Debt - 4 debt collectors - whats the legal position?
TSB about this for 18 months now. I contend they owe me £133. - Long story, bot not relevant to my question.
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