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toftdan

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  1. A lot of the above are not commercial banks as such, and deal more with private banking, as Jersey is an offshore Financial jurisdiction. Not looking likely on the Co-op front either!! Doh!
  2. Thanks for your help Cloecat! Just tried A&L, unfortunately don't accept applications from Channel Islands. Next up, Co-op! Have you had any experience with them at all?
  3. Very drole! Well Barclays are out of the question as we've already tried there. All just seems daft that it's so difficult to get an account if you've had historical problems. My partner hasn't had any debt for years, earns £35k a year, and still can't get a bank account. Something really must be wrong with the system. How can these people ever show that their financial situation has improved if they can't get an account!!??
  4. OK, well unfortunately I don't have proof that they received the letter other than their letter confirming receipt of the said letter, so I provided them with a further request sent by special delivery, and sent back the cheque asking for the CCA, so this time, there is no way out for them! I can't believe that they've tried to palm it off as a current bank account and therefore do not need to produce a CCA, when the statements provided to date clearly state "personal loan"!! I mean how stupid do they think people are?
  5. Ok, thanks for the response Steven, it's interesting to know! So can I ask which bank your friend ended up getting his account from, so that I can apply directly with them? Thanks
  6. Hi everyone Thanks for your swift responses. I do have an account, but unfortunately with HSBC, whom my partner has the disputed debt with, having been passed onto Lowells, as they do. So I'm not sure the value in applying with them. Unfortunately we don't have building societies in Jersey, so the likes of Abbey and Halifax are a bit of a no go. Any other possibilities. I don't think she's tried NatWest yet, but should we keep on applying at different branches? Wont all these credit checks just make her credit history look even worse? I'm considering using lessthanperfect.co.uk to apply for one for her. Has anyone had any experience of them? Look forward to hearing your thoughts.
  7. My partner is struggling to get a bank account. She is currently in dispute with Lowells re a debt that they claim she owes (nearly £12k), and intends to fight this all the way. Unfortunately though she currently only has a savings account with cash card, and is unable to obtain a normal bank current account with debit card. She's tried applying at Lloyds (where she has the savings account), Barclays, HSBC and even Halifax, although there are no branches in Jersey where we reside. Can anyone advise what she needs to do in order to get a bank account? As you can imagine, it's making things particularly difficult for her. Any advice gratefully accepted, even if you can just point me in the right direction. Thanks
  8. I've had a little read though that, and I'm not sure I could argue that they are in breach of unfair trading regulations. I'm not particularly up to speed with this matter though, so could of course be wrong. For the time being I'm happy with the wording in my letter, and intend sending this today by recorded mail. If I do not hear from them with a copy of the CCA, then I'll write to them subsequently along the lines of letter T from the templates. Can they already be in default baring in mind I originally asked them for a copy of the CCA in my letter dated 7 July, and it's since been over 20 working days, and it still hasn't been received, or will that not count as they haven't banked the cheque?
  9. Thanks for your comments. I have amended my post accordingly. Can you give me an example of the wording required for Consumer Protection from Unfair trading, and explain why they are in breach of these as well?
  10. ODC, thanks so much for your responses to date. I have today drafted them this letter which is to be sent by recorded delivery. "I refer to our recent correspondence with respect to the above referenced matter, and the respective claim that I owe funds totalling £xxxxxxx. I would point out that I have no knowledge of any such debt being owed to Lloyds as indicated in your letter of 30 July 2008. Furthermore, this is contrary to your previous letters claiming that the funds are owed to HSBC. I would like to reiterate that at no time have I owed the sum stated to either institution on a current bank account as you claim. In fact, your letter of 30 June 2008, clearly states a “personal loan”, and details repayments of the said loan, which you claim is owed by me. I refer you to my letter of 7 July 2008 in which was enclosed a cheque in the sum of £1.00 and you were asked to provide me with a copy of the original credit agreement in accordance with the provisions of the section 77(1) and/or 78(1) of the Consumer Credit Act 1974. Please carry out this request without further delay. I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it’s unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to harassment. I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I look forward to your reply." I assume that this should do the trick? Thanks again for your time.
  11. Thanks for your response. I will look to send them this letter, denying any knowledge of a debt to Lloyds, and I will also deny any knowledge of ever owing any money on a current account. I take it that they then need to provide me with evidence to the contrary, otherwise there is nothing further that they can do? They have now sent a further letter saying that in the next 7 days they'll be passing the case to their legal department to review, and it may involve applying for a CCJ to be registered against my partner. Interestingly, we are also due to move house in the next couple of weeks, and they will not of course be informed of our new address. As the last payment appears to have been made in 2003, could we possibly just ignore it once we move, until the 6 years are up, and then the debt will be time barred anyway? Let me know your thoughts. Thanks
  12. Hi there Sorry for the delay in the reply. I assume that something was signed as she took out a loan I believe. Subsequent to this, I sent to Lowell a CCA request. After a couple of weeks they have sent back a letter saying, "We refer to your request for a copy of your original credit agreement in accordance with th eprovisions of the section 77(1) and / or 78(1) of the consumer Credit Act 1974. This account from which the above amount is due relates to a bank account that you held with Lloyds. While this account is a regulated agreement I would refer to Section 74(b) of the Consumer Credit Act 1974 whereby any requirement to supply a copy of the agreement is exempt for current bank accounts." Now, there's two issues with this. One is all along they have said it's a debt owed to HSBC, and I think this is just a typo, as my partner has never owed money to Lloyds. They have previously provided me with a statement which shows regular payments being made up until 2003, and my partner is positive that it relates to a loan and not a bank account. What should be our next step? We can obviously write back and say that we don't owe money to Lloyds, but what do we need to provide them with? Any help at this stage would be much appreciated. Thanks
  13. Hi All Just a quick one, and I'm sure it will be easy to answer. I'm thinking of issuing Lowell Financial with a CCA Request. Please can somebody point me to a template or something similar to let me know what the letter must say, and what I need to send with it? Thanks everyone.
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