Dotty v Lloyds TSB loan account

[Dotty111]

Hi

I have been having problems with TSB for over 12 mths. They started when they made me overdrawn (their fault) by paying a DD for £600 twice!(and on two occasions)

Anyway it spirraled from there, they charged me (what a cheek) and refused to admit it was their fault. Eventually they did and paid me £100 compensation but by that time the charges were in excess of £500 they refused to refund these so i am in the process of claiming them back. I changed accounts eventually because all of my salary was being eaten up in charges. However I still had an outstanding loan with TSB which I paid by DD but when i changed to my new bank they refused to accept the DD from them saying that it could only be taken from a select account as this was the terms of the loan (how stupid) after months of fighting and getting nowhere I eventully had to transfer money each month from my new account to the old TSB account which was a pain and also cost me! this has been going on for months until eventually in December TSB decided that they were no longer going to accept my money transfer and sent it back!!!. Also I was still getting my child benefit and tax credits paid into the tsb account which covered half the loan but guess what they will no longer accept these credits either. so i now have no means of paying the loan. Also there is an outstanding overdraft of £200 on the account which they want repaying but when i sent this amount through last week guess what they sent it back. Oh well fun and games and a few letters winding their way to them and the DCA cronnies.

[elsinore]

Hi Mrs H.

 

Which DCA and are they giving you any grief?

 

Do you have a copy of the loan agreement with terms and conditions?

 

Els

[Dotty111]

Cant remember at the moment who the DCA are have a couple on go at mement and not got paperwork with me but will check tonight. (either first credit, credit solutions or BLS) Had a few letters from them in past week or so but yesterday sent off a CCA request. Also sent off SAR as the amount has increased so they have been adding charges i think. Loan is 4 years old was taken out over 3 years ago for £9,000 but still a balance of over £5,000. I have made payments religiously of £301.00 pm up until about 3 months ago when they started messing about with the payments so even with my crap maths abilities the figures don't add up. I suspect that PPI has been added but i know i specifically said i didn't want this as we were trying for a baby at the time and the advisor told me that ppi did'nt cover maternity leave and as i intended to take 12 months off there was no point in taking it out as for normal sick leave i am paid anyway so it will be interesting to see what the agreement shows - thats if they produce one.

[Dotty111]

Well Lloyds TSB have gone into default with my loan CCA request, their 12 days are up. They have cashed my cheque but no agreement forthcoming. Still have plenty of time left on S.A.R. request but have not even had an acknowledgment to my letter. How rude since their DCA have been writing to me demanding a response(by phone) oh well another waiting game i suppose.

 

will keep thread updated

 

Thanx

[Dotty111]

Dum de Dum still waiting. Lloyds TSB have now committed an offence yipppeeee. (15th March) they are also in default on my S.A.R as of 9th March. Not sure what my next step should be should I just sit tight or shoul i be considering doing some more letters. Have never really got passed this stage before with any of my accounts so am a bit uncertain as to what to do now. Any advice would be great

 

Thanx

[elsinore]

Have you had any letters or phone calls from any DCAs in the meantime?

 

Els

[Dotty111]

no I have had nothing at all it has gone surprisingly quiet, don't know if this is good thing or what but I am £300 per month better off as I am not paying the loan repayments. They are not even chasing me for these.

[Dotty111]

what a cheek. after receiving no response or credit agreement or copy statements from BLS they have written to me again. Bearing in mind that they are in default under both CCA and DPA. They have written as follows

 

We wrote to you recently requesting that you brought you payment programme up to date (didn't have a payment programme!!) and you have not made contact with us.

 

As you have failed to contact us you must now pay the balance in full or telephone the above number immediatley.

 

Failure to do so will mean we will have to consider making contct with you by telephone(they already have by the way) or considering whether a personal visit is required. (tell me when and i will have the kettle on)

 

Yours sincerely.

 

bearing in mind that my S.A.R. and CCA request was sent by Rec Del signed for and the cheques cashed how can they say that I have not been in contact with them. I feel like I am going round in circles a couple of months of quiet then an onslaught of letters and phone calls. I have obviously sent back a letter to them pointing out their failures, to what good that will do I don't know. Oh well onwards and upwards.

 

Thanks for listening

 

Lady H

[Dotty111]

UNBELIEVABLE. A week after sending the DCA a scathing letter pointing out all of their failings i.e defaults over CCA request and S.A.R not to mention the telephone calls I have today had another letter from them. One of their churned out letters please contact us as a matter of urgency blah blah blah. Are these people stupid! no don't need to answer that one. I know there are some really great witty but to the point letters floating round the forums so I am going to spend some time looking for an appropriate one to sent them. In the meantime if anyone has a quick link to one I would be grateful for any help.

 

Thanks x

[Dotty111]

Tremendous. Today another threatning letter arrives from the DCA. "You have not responded to any of our letters blah blah .....we will now have to enforce payment by one of the following ways etc. Can anyone out there help me with the next stage, I think that I have written every appropriate letter to them now so I am at a loss as to what to do or write next.

 

anyone please

[slick132]

Hi Dotty,

 

Did you send the SAR and CCA request to the DCA or the bank.

 

Just wondered if the DCA may have banked the £10 and/or £1 cheques against the debt.

[RedVixen]

Dotty - I had a similar thing to you regarding PPI - much to my tremendous amazement a guy in branch helped me make the phone call to find out what the ammounts were - there is PPI and the little darlings WILL be giving it me back - it shouldn't be there as I was a student when the loan was taken out so it was agreed it wouldn't be there

[RedVixen]

I have Apex chasing me BTW - I am currently temping until a full time position kicks in so haven't been able to make payments - they tend to go quiet then i get a couple of calls and it seems to be good cop bad cop - someone who is easy to fob off then someone who is a bit abrupt but sounds alot more confident but still spouting completed crap

[Dotty111]

Hi slick123

 

I sent the chqs to the bank and after they were cashed the DCA started chasing me. I not so politely pointed out that account was in dispute etc and they should not have been chasing this account. Put all the usual legal jargon in and they wrote back very put out that they had not been told by tsb that account was in dispute etc and how were they to know I had requested these docs etc.(not my problem pals) they said they would put the account on hold and get back to tsb. Lo and behold no statments for loan as requested and no CCA but they continue to send me enforcement letters.

 

Red vixen have you claimed back your PPI yet. I am sure they have added this on to my loan account as the figures don't add up. Although I can't check this yet as they are in default of my S.A.R Still saving myself £300 per month in loan payment so their loss

[RedVixen]

Dotty try calling the loan centre - I got the figures form them with no problem - I also still have my CCA so I can see it was added though I didn't read it properly when it first arrived and didn't spot it. I basically just asked them to confirm the loan amount and any PPI that had been added - Lloyd's seem to do the single premium up front PPI as well which is expensive and apparently the easiest to claim back

[slick132]

Dotty,

 

It really would be better if you have just the one thread for this subject. People posting here or on your thread in the Debt forum may only see part of your case history and you'll end up getting less accurate advice.

 

Please stick to just one thead for this subject from here on.

 

I'm subscribed to both threads just now so, if you don't get other answers, I should be around to help if I can.

 

Thanks for your co-operation.

[Dotty111]

will do sorry about that. i have just posted a reply on the debt thread but from now on will stick to this one. There are enough threads on here without me confusing things even more:roll:

 

Today I am sending a S.A.R for my TSB current account which the loan was origionally coming out of. They are already in default with regard to my loan account S.A.R. so I am not holding out much hope . I know that I can issue proceedings for non-compliance but I was thinking of waiting to see if they comply with this request first and if they don't issue for non'compliance of both at the same time.

 

Will keep u updated.

[Dotty111]

well received another letter yesterday from BLS

 

Dear Dotty

 

Thank you for your letter dated 14th May 2008. Unfortunatley your previous letter does not appear to have been received. (this is an out and out lie as you will see from my reply). Please also note that we are not aware of any dispute with TSB.

 

A copy of the origional loan application together with statements for this and your bank account have been requested today. and will be forwarded to you shortly. In the meantime we do require further details of your concern and until we are in receipt of this information the balance remains due and payable ( what!!!)

 

Yours sincerley

 

here is my response to them

 

 

BLS Collections

Oxford

 

Dear sirs

 

 

Your Client Lloyds TSB

Acc No xxxxxxxxxxxxx

I refer to your letter dated 2nd June 2008. Firstly I am extremely surprised and concerned that you claim not to have received my previous letter dated 28th January 2008 even though this was send recorded post and the Royal Mail tracking system confirmed that it had been signed for!

 

Call me cynical but it does appear somewhat strange that the only letter that you do not appear to have received is the one containing my statutory requests under The Consumer Credit Act and The Data Protection Act. I would also like an explanation as to how the cheque in the sum of £11.00 which represents the fees payable for requests under the above Acts and which I forwarded to you under cover of the letter “you did not receive” was cashed on the 11th February 2008. Given your record however of avoiding answering any questions put directly to you I won’t hold my breath waiting for a response to this one though I doubt a District Judge would be so lenient.

 

I state again this account is in dispute and has been since at least 15th March 2008.

 

You also appear to be under some misguided illusion that despite the account being in legal dispute you still have the right to try and enforce the account and I quote from your letter “we require further details in respect of your concern and until we are in receipt of this information the balance remains due and payable.” Perhaps you can point out to me the part of the Consumer Credit Act that states this.

 

The Act gives the consumer the right to see their agreement at any time. This is section 78. The thing about section 78 is that it gives 12 days to supply the document requested, if the agreement is not supplied in that timeframe then you CANNOT enforce the agreement. After a further 30 days they have committed an offence therefore you have been in criminal default since at least the 15th March 2008. May I suggest that you read S.78 in its entirety and pay particular attention to par.6?

 

If however it is still you intention to continue pursuing this account I strongly advise that you take legal advice before continuing. Any further requests for payment will be met with legal action for harassment under the 1997 Protection from Harassment Act.

 

I urge you to read the whole of this letter very carefully and expect a rapid response from you.

 

Yours sincerely

 

DOTTY

 

Could any of you clever bods out there have a quick look at this for me before I send it I would be grateful ta xx

[slick132]

Hi Dotty,

 

The letter looks fine.

 

My only query is you told us you sent the £11 fees to the bank, I assume with the SAR and CCA request.

 

So is it possible the bank got the letters and the DCA knew nothing about it.

[Dotty111]

No I was mistaken and I have checked back through my letters and it was on my TSB credit card that I sent the request to the bank.(still waiting for this also they are in criminal default)

This request was sent to BLS on 28th January I have a copy of the letter i sent requesting both CCA and S.A.R. i have the recorded delivery receipt attached to it so they can't say they never received it.

[slick132]

Then fire it off.

[Dotty111]

Letter sent lets see what they have to say about that

[Dotty111]

Well on Friday I received all my statements for my current account from Lloyds TSB. This is surprising as I had not yet sent a S.A.R. for this account only for my loan account. Anyway the statements dated back to 2001 and up until the time that they made the mistake of paying my DD/SO twice I had never once been overdrawn was actually quiet proud of myself!.

 

At a quick glance there is about £650/£700 in charges which I will obviously be claiming back. Now at the end of the statements it reads that in December 07 the account was about £279 o/d. There is then an entry which states Tfr to CID which I assume is their collections department and then a credit entry which is identical to the amount of the overdraft which therefore leaves a nil balance on the account. The next entry for the same day reads "account closed. Now I know I never requested that the account be closed as I was still using it to pay my loan and I never received any notification from the bank that they were going to close it I am sure they should have given notice so I am going to look into this before I respond to them. But first to get my claim in for the charges. By the way still no sign of my CCA or S.A.R. request for my loan account.