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Posts posted by Massamum

  1. That is a great relief, thank you so much. I will get a letter off to Lloyds today and await your responses for Apex and GPB.


    Luckily I keep copies of absolutely everything, I throw nothing away. Lloyds acknowledged the SAR asking for my sig by return, and then wrote thanking me for it! I also have an acknowledgement of the letter I sent warning them of the further 7 days so they have no excuse.


    Thanks very much once again.

  2. Thanks Martin. Lloyds is the OC. Apex is the DCA. Apex’s sols Geoffrey Parker Bourne have sent me a letter threatening court action within 7 days. The SAR was incomplete (huge amount missing). Thing is I’ve already written to Lloyds reminding them of outstanding SAR and giving them a further 7 days to comply or I will report them to IFO (I have all the paperwork ready to go this time).


    The debt is an overdraft that I want to claim charges on but I need SAR to calculate figures. I haven’t written to Lloyds about reclaiming/disputing overdraft figures yet as I am suspicious they may alter the charges in SAR response (paranoid I know).


    I was hoping that Lloyds’ non-compliance with SAR could put the account into dispute so the DCA can’t hassle me anymore. Its sounds like that is right but as I haven’t actually written to Lloyds disputing figures yet I suppose DCA can still hassle me/take legal action?



    Not quite sure what to do now. Would it be best to alert Lloyds that I wish to reclaim charges but not give an amount?


    Is there anything I can quote to the DCA to halt legal proceedings?


    Sorry it’s a bit disjointed, I was in bed very late last night (too busy worrying about this).


    Thanks once again.

  3. quick question if anyone can help please.


    think i may be clutching at straws but here goes - if SAR has been ignored by original creditor can this put the account into dispute in any way?


    dca/solicitors are threatening legal action on behalf of bank and i was hoping to send them a mishmash of the CCA template letter to sols telling them to get stuffed


    cheers in advance

  4. ok, thanks for that. I've sent the SAR reminder off giving them seven days to respond.


    Not sure what to do about sending the letter now, would it be best to send it off omitting the part about how much I'm reclaiming or should I wait til I get the statements back and fill out the full amount? If I wait, is there a holding letter I can send the solicitors to keep them off my back in the meantime (especially as the account isn't in dispute)?

  5. OK, thanks very much for all your replies. Lilly, that was a very useful read, would it be possible to let me know the case law this comes from please?


    No NOA from OC, only from Link (at post #15).


    MBNA sold the debt on before the date of remedy in the default notice and the DN is also dodgy (post #11).


    Thanks also AC, I requested a copy of the deed of assignment from Link ages ago but they are refusing point blank to let me have a copy.


    I have this morning received a response from Link to my letter requesting all of the documents referred to the in CCA, they have responded by sending the same terms and conditions as MBNA sent (i.e. the latest ones). They seem incapable of understanding the simplest of requests :mad:. What now???

  6. Little bit more fun... Lloyds rejected my hardship claim on the overdraft that is made ONLY of various charges, despite the fact that we even cannot pay the mortgage (house almost on repossesion...)The worst thing that my OH's jobseeker allowance was paid into Lloyds acc. Jobcentre managed to mess things up and we haven't received any money for a quite a while and suddenly from nowhere some lousy £160 appeared in that cursed lloyds account despite the fact that we advised JC to pay everything to totally different acc. Guess what happened - I am paying fines with the money that should help me to survive...


    Sorry... needed a shoulder to cry on


    Preuss, so sorry to hear of your difficulties. I had a similar situation with my jobseekers allowance a while back. I wrote to DWP advising them of my new bank details but they went ahead and paid my benefits into Lloyds, Lloyds swallowed it up in charges and I had nothing to live on.


    I wrote to the DWP and explained what had happened and especially that Lloyds was taking all my benefits in bank charges and pointing out that it was DWP's mistake as I'd already advised them to pay into different account and lo and behold a week or so later they re-issued me with the whole amount. Don't know if they managed to get it back off Lloyds or what happened but its definitely worth giving it a try. That is money you should be living off and god knows its little enough. Good luck.

  7. Hi Chris, what a nightmare for you. I don't know how to get them off your back permanently, I'm sure someone with more knowledge will come along soon to advise you. You have done all the right things so far, perhaps report them to the Information Commissioners Office for defaulting on the CCA request? It might be an idea to send Barclaycard a subject access request asking for copies of all statements as well.

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