BLS/Lloyds TSB v P_D

[P_D]

Okay, this might be a tricky one.

 

I have two accounts with Lloyds TSB which BLS are dealing with, and have been for about five years. Having only recently found out about this place, and the reclaiming of bank charges, coupled with the fact that I'm not working at the moment, then I feel now is the time to reclaim, especially as most of my chargs from Lloyds TSB began in September 2002.

 

I have two accounts that BLS are dealing with. One is from an old bank account, the other from a Trustcard account. In total, the balance comes to a few hundred quid (I have slowly been paying this off since 2003). In my estimation, I feel I can reclaim appoximately £900 in illegal charges from the bank account alone. The charges for both accounts, I would suggest are £4-500 higher than the amount I owe BLS.

 

Slightly digressing, my feeling has always been that Lloyds TSB happily engineered that situation by sending me a monthly letter telling me that they can help if I get in touch, only to be told they can't help me, but if I'd got in touch last month (which I had), they could have done x/y/z. Until finally they told me they could help me as long as I filled out a form and returned it within 72 hours, but the form itself would take 7-10 days to reach me. Nice.

 

So, given that I reckon that they potentially owe me more than I owe them, I want to put the account in dispute and not pay anymore, until the matter is resolved - especially as the charges directly affect the money I owe.

 

Having spoken to them on the phone (which I've done before and only found them to be polite, professional and even helpful) over the last few days, they have been less than happy, and have suggested the following.

 

* I can't put the account in dispute for any reason because I am already making payments.

* If I don't make any payments they will sell to a DCA - even if the account is in dispute, and that the DCA will apply interest.

* Repeated TSB's helful advice from years ago that I could get advice from the Citizen's Advice Bureau, but "they wouldn't reccomend that I did that".

 

So, given that those are scare tactics, and that I am aware that they cannot sell an account to a DCA that is in dispute, they cannot apply interest that BLS are not charging, an that they're surely not allowed to reccomen that I don't see the CAB, I'm looking for some answers that are there for the consumer, rather than the DCA.

 

1) Can I put both accounts in dispute at this stage for the fact that I consider the charges to be illegal?

2) If so, as well as writing to Lloyds TSB about reclaiming charges, should I send a cc to BLS, so that they are aware of the situation?

3) What should I put in the letter?

4) Is there anyone else out there in a similar situation (I couldn't find anything on the search, and consider that LTSB/BLS are slightly unique, given they have their own in-house DCA)

 

I haven't made a payment since April, so I figure I need to act fairly quickly from this point onwards.

 

Thanks in advance for any help.

[maroondevo52]

Hi, P_D.

 

There's a short dispute letter you could send.

 

**Edit to suit**

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you are proposing to pass my account over to a Debt Collection Agency - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,

 

 

 

Regards.

 

Scott.

[P_D]

Thank you for that. I'll get that in the post. Just had another call from them, and politely informed them of the action I am taking. The drone on the phone again repeated their claim that they can legally pass it on, etc, and told me there was no point writing to Lloyds TSB (how am I going to find out the charges) - because BLS aren't part of Lloyds after all! I did quote the "BLS is a trading name of Lloyds TSB" line they use, and ask if it was a lie, but she was too busy talking over me as loud and as threatening as possible. So they'll be getting a "harrassment by telephone" letter attached to the end of it.

[P_D]

I added a little about only contacting me in writing too, because of their recent claims.

 

Now, I've received a letter from them today, judging from the date, there is a clear crossover between the letters.

 

"We wrote to you recently requestimh that you brought your payment programme up to date or that you made contact with us. Our records state that you have failed to do either."

 

I've spoken to them about five times since they last wrote.

 

"you must now pay the full balance, or telephone us immediately."

 

I have no problem with that, to clear any confusion, but I have just written to them to tell them to only write to me.

 

"Failure to do so, would mean we would have to consider making contact to you by telephone"

 

Which, they have done (including by text message) about five times, including a day after the letter was dated. At least three of which occasions, I have told them vebally that I am putting the account in dispute, the last time I told them that there was a letter in the post.

 

"... or by instructing Lloyds TSB Bank plc to conside whether a personal visit is required."

 

Which I could do without hapenning, but am I right in thinking that I can legally prevent them from even trying - this isn't my house, and life would become exceptionally awkward if I wasn't able to prevent this.

 

So, given that I have also sent them a letter - what, if anything, should I do?

[maroondevo52]

Hi, P_D.

 

Doorstop collectors have NO more rights than your milkman (although DCA's will imply they have), if they arrive - ask them to leave twice then call the police!

 

You could send them this............

 

Dear Sir/Madam

 

Account Ref:

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

 

Regards.

 

Scott.

[P_D]

Thanks again for your help, Scott.

 

In my letter to BLS , I also put in a note that all further correspondence shoud be in writing.

 

That was the end of June - BLS have just called me. Twice. The same person. The first time, he asked for security details, I refused, and told him that I have sent a letter saying they can only contact me in writing. He told me that it's urgent and it has to be done by telephone, and if I don't confirm my details, he will phone back later, I told him he was to put it in writing.

 

Two minutes later, the same person called back on my mobile. I asked who was speaking, he confirmed it was BLS. I told him that I had written to BLS, told him the date of the letter and that the accounts were in dispute, at which point he started talking over me. I told him to stop talking over me and when he did not stop, I put the phone down.

 

Now, how do I complain, and who do I complain to?

[Michael Browne]

Send BLS this letter:

Harassment by telephone - Consumer Wiki

[P_D]

I sent this bit:

 

"I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. "

 

to them at the end of last month.

 

How do I report them to OFCOM, Trading Standards and the OFT?

[maroondevo52]

Hi, P_D.

 

You'll find something in here ........

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147892-complaint-about-telephone-harassment.html

 

Regards.

 

Scott.

[P_D]

So far Lloyds TSB have returned some, but not all of the information requested by the SAR, but the charges and interest applied on those charges is over £400 more than the Lloyds TSB balances. I expect that figure to rise.

 

However, this morning I have received a letter from BLS. It's a standard letter telling me that "If you do not contact [bLS] on the above number within the next 14 days, you will force us to commence legal action against you. You should be aware that this course of action will result in you incurring additional fees and costs, which are estimated to be a minimum of £65".

 

It has been 10 days since I spoke to a woman from BLS (incoming call,they have ignored the requests to stop phoningh me), and repeated that I have put this account in dispute. How should I reply (other than in writing)?

[P_D]

Anyone?

 

They have texted me again this afternoon - should I add this to the log I am keeping of telephone calls they have made since I requested they contact me in writing only?

 

Should I just send another letter re-affirming my position, and stating that while an account is in dispute, payment cannot be asked for or made?

[P_D]

Been offline for a while.

 

In recent weeks, I've had a call from Lloyds TSB asking if I could extend the deadline for my SAR - I told them I would as a matter of goodwill, as long as BLS did not call me agai, and BLS have not called me again.

 

They've passed on the accountrs to two different DCAs.

 

The credit card was passed on to a company whose name escapes me - basically they were intelligent and polite, and despite the fact I did not confirm my security details, listened to the situation, and told me they would return the account. The same gentleman called back and asked a follow up question and haven't heard back from them.

 

The overdraft went to iQor. Who have been so unprofessional and vile that I'll be speaking to the police about them. They refuse to state their name, and ask for security details. Which, given the frequency, I have decided to interpret as anonymous nuisance calls. And if nothing else, they have a duty to respect the Data Protection act, and not act as poster boys for identity theft (which by pressurising for details through being abrupt is exactly what they are doing). They don't like being called fraudsters, identity theives or stupid, either.

 

I have written (if only to stop the calls). And just in time for the initial SAR to finally arrive (with an apology that they haven't found everything yet)