Old LLoyds O/D debt - been thru various DCA's - now robbersway have lost payments

[tommyzoom]

Sechiari, Clark & Mitchell

Dept CDR

PO Box 499

Sussex House

1-9 Gloucester Place

Brighton

BN1 4BE

[iamintrouble]

thank you so much for this, you are a life saver! The local PO has closed down and I had to get to the nearest one which now takes over half an hour there and back.

[iamintrouble]

Thanks. I have now have sent the SAR to Lloyds and the other letter to Sechiari. I am hoping it will get them off my back for at least a week or so! Will let you know how it goes.

[iamintrouble]

I have received a letter from Sechairi saying I haven't paid them, and if I phoned up to discuss options we might come to some arrangement, as if they really want to help me out.

I am starting to wonder if they actually read my letter explaining to them I have applied for an SAR and I still haven't received it so surely they shouldn't be sending me hassling letters.

Should I reply to this Sechiari letter? I don't really want to ignore it but I am not really sure of the best thing to do.

[hillards]

I have received a letter from Sechairi... ...Should I reply...

If you must do anything, WRITE, don't phone, and just tell them that your account is in dispute, you are dealing directly with Lloyds. You don't have to say anything else. If anyone clals you, insist they communicate in writing only - you wouldn't want them to accidentaly put anything on your file that you may have agreed to pay lots of money to them...

 

Send by recorded delivery to make sure they sign for it, then they can't deny you sent it. Take a deep breath, put the kettle on. Have a read at many other people's threads so you are aware of what is happening.

 

When you get the info back from Lloyds you will have hours of fun adding up all the charges and interest, then sending THEM a letter asking for payment.

 

Sechairi are either playing silly beggers or Lloyds have not made it general knowledge on their internal system that you've issued a SAR.

[cashins]

I am starting to wonder if they actually read my letter explaining to them I have applied for an Subject Access Request and I still haven't received it so surely they shouldn't be sending me hassling letters.

 

Probably not or just ignored it, they are trying to get you to phone them

 

If you want to keep a dialogue going you could write back an and tell them you don't discuss financial matters over the phone but if they have constuctive proposals, please put them in writing.

 

Points to bear in mind:

 

Your subject access request will almost certainly reveal unlawful penalty charges. (Don't think an overdraft account exists, that doesn't have them!)

 

By sending the request, you have put the account in dispute due to the charges. This would derail any legal action by them as you could get it stayed pending the outcome of the OFT testcase on these.

 

David

[cashins]

Beat me to it Hillards

 

David

[ScabHunter]

One point which I should have picked up on here but obviously didn't is the default notice. Make sure you keep that, and the envelope it came in.

 

It will be worth making sure that it is in the prescribed form. Not to mention the fact that the amount on it could be hopelessly wrong.

 

SH

[iamintrouble]

Thanks for all the advice. I should probably send them a letter explaining that the account is in dispute then.

 

The scary thing is that the Overdraft interest is being slapped on all time but can I honestly dispute paying it? Surely they will just say it is my fault for getting myself overdrawn and they will make me pay it. This what makes me want to just give in and beg them to set up some repayment scheme.

 

I have the default notice and having properly read it I now feel utterly helpless and rather down. I feel like i may never get myself out of this mess.

[redroo555]

Hi there,

i'm afraid i can't help with your overdraft, but just wanted to say that you are not alone in how you feel, but chin up!

the people on here have helped me no end, just do as they advise and you;ll not go far wrong!

that;'s just as i am doing now.

good luck

[cashins]

I have the default notice and having properly read it I now feel utterly helpless and rather down. I feel like i may never get myself out of this mess.

 

It can get you like that, we've all been there:sad:

 

Good news is they would have included all their unlawful charges when they did the default notice.....which makes it invalid.

 

Chin up

 

David

[ScabHunter]

This is quite an interesting thread, as it does raise a few crucial points.

 

1) I did make the point earlier about getting alternative banking arrangements. I hope you have done this. If you haven't, PLEASE get on and do it now. It is just so important.

 

2) Sechiari, Clark and Mitchell are in house to Lloyds, so it gives the impression of the "heavy boys" being called in. It is a common tactic used to put more pressure on people.

 

The initials here are interesting - "[problem]". Maybe they should print the German version of the name directly after it - Sechiari, Clark und Mitchell. "[problem] ****".

 

3)

Surely they will just say it is my fault

 

What they say and what is reality usually bear little resemblance to each other

 

they will make me pay it.

 

This shows a potentially fatal flaw in your mental attitude - giving them powers they do not possess. How can they make you do anything? Are they going to send the mob round to your house with baseball bats, or send telepathic messages influencing your behaviour? Even if they COULD do these things, they STILL wouldn't be able to get money out of you that you do not possess!

 

The only powers these organizations have is to use the same court system which everyone else has open to them, including you. Even though the banking robber barons operate the strings which move the puppet politicians, they are still not gods with special powers.

 

This what makes me want to just give in and beg them to set up some repayment scheme.

 

This just confirms a problem with your mindset. You want to give in and start grovelling because they pretend you owe them some unlawful charges? What would it achieve anyway? If you pay them £5 a month, do you think that would stop them wanting £10? So you grovel again and pay them £10 a month. Now you have shown that you are a pushover they will go for £20. They will gnaw at you like rats until you are paying them every last farthing which you don't need for bare essentials, and then they will start demanding the money you DO need for bare essentials.

 

Meeting their demands is like giving hard drugs to an addict. It does not satiate the desire or the habit, it merely demands increased dosages.

 

I have the default notice and having properly read it I now feel utterly helpless and rather down. I feel like i may never get myself out of this mess.

 

This is probably your biggest mistake. That default notice, if it has been improperly served, could well turn in to a friend for you. It will, as cashins has said, contain unlawful charges, and therefore be invalid. Make sure you keep it nice and safe.

 

As of now, we don't know whether or not it may be defective in other ways. You could post it up, but I wouldn't just yet, because you don't want to give the enemy any clues as to your identity.

 

I will explain why. If you have been issued with a faulty default notice, but the account has not yet been terminated, then they have the option to issue a proper default notice and repair their error. Once they have terminated the account, that right has gone for ever. On no account should you ever complain about a defective default notice, or do anything which will draw their attention to it. Let events take their course.

 

As far as responding to [problem] goes, I wouldn't bother. They are clearly just being stupid. If you feel you do need to reply, keep it simple -

 

Dear Sir,

 

To be honest I am amazed that I need to remind a firm of solicitors of their obligations.

 

Your letter of xx/xx/xxxx demanding money on account no. xxxxxxxx is in breach of the Office Of Fair Trading Debt Collection Guidance, 2.6 (h) which deems unfair - ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment, and also 2.8 (k) which deems unfair - not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

As you have already been made aware, the account in question is in legitimate and serious dispute pending a Data Protection Act Subject Access Request which will reveal a substantial amount of unlawful charges.

 

I refer you to my letter of xx/xx/xxxx, which you signed for on xx/xx/xxxx. This letter informs you quite clearly of the aforementioned dispute. I therefore expect written notice from you that these unfair demands for money will now cease.

 

If you are unsure of your obligations, I suggest you consult either a) a Citizens Advice Bureau, or b) a reputable firm of solicitors.

 

Yours Faithfully,

 

xxxxxxxxxxx (print, do not sign)

 

 

As cashins said, chin up.

 

SH

[sosumi]

 

I did speak to someone helpful (they couldn't resolve my situation, only advise me to take a loan out) who told me that I should pay at least £200 a month in and that would stop interest accruing. I cannot do this and I stopped paying the money in.

HOW WAS THIS HELPFUL!!?

This is typical Lloyds.

Don't get dejected, get angry!

You've had some brilliant advice here from top class CAGgers, just wanted to add my support. Things will feel like a mess for a while, but you'll recover - just keep away from the phone!! And get angry with the bank, not yourself! xx

[angel_1]

hiya

 

just wanted to wish you luck and lend my support

 

im subscribing as i think you have had some brill advice here already and have learnt something new for myself too

 

so thanks to all the posters great info

 

take care for now ciao maz

[iamintrouble]

hI Everyone,

 

Thanks for all your support, I am sorry for being a defeatist-sometimes it is just such so difficult to keep my chin up. I have made alternative banking arrangements thanks, I am so glad I do not bank with Lloyds anymore!

 

I did receive an SAR from Lloyds before i had chance to get a letter out to [problem] (I Love this name) And that is damn annoying as it was a letter I am sure they would have been annoyed by (the anger will be aimed at them in the future!)

 

How do i now translate my SAR into a letter disputing the overdraft charges??? (As I have many and they keep piling on) There is a whole load of info. with the SAR about complaints and court cases regarding overdraft charges. Does this then give me or anyone disputing charges an advantage?

 

Also how do I subscribe here? I really want to as I think this is such a good cause.

 

Thanks once again.

[42man]

To start the excessive charges reclaim process, I would start a new thread here - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/

[davey77]

I was really worried when i first started out and that's why i looked and found this site. Since then i almost laugh at some of the letters i get so don't worry.

You'll get lots of helpful information from folks here (as you are already) and that will empower you. YOU are in control of events. Once you realise that you will be fine and come through this.

[iamintrouble]

Thanks for the support, I really appreciate it! I suppose I felt a bit alone in landing myself in this mess. People i try and speak to about it don't really understand. I have been trying to explain the whole lot to my housemate and she keeps saying 'I think you better sort this out, I don't want these people banging on the door demanding payment' I think i have probably listened too much to this kind of unhelpful advice!

 

I guess I will try and start claiming back excessive charges then.

Thanks once again!

[iamintrouble]

I am just getting back into sorting this mess out again and trying my best to read through all the reclaim charges stuff but I won't be able to get all my paperwork till at least next week now because I get my post sent to a friend's address.

 

**** however will not leave me alone and still sending me letters threatening me with court action and I am a bit scared that they might take me to court.

 

I have stupidly left all this alone over christmas because i had a lot of stuff over christmas to deal with.

 

I am comtemplating reclaiming my charges (it's either that or I give in I suppose) but I need some time to do all the workings out.

 

Is there a letter I can send just to get **** off my back whilst I am sorting out getting together a claim? I have another post in the Lloyds TSB area too as I need to know a bit more about the process. I still feel so unsure of myself.

 

I thought I was getting a lot better and more confident with the whole thing but deep down I am still as scared as anything. I just wish I could sort all this mess out!

[iamintrouble]

Hi,

 

I have a overdraft that is in a bit of a mess. I have stopped paying token payments when Lloyds stopped sending me statements because I am potentially paying money into an account without knowing what is going on with this (maybe not the best idea but still!)

 

I have received an SAR but I have recently received a default notice and the account has now been passed to [problem] which I have been told is a dept. of Lloyds. I was going to try with the reclaims process but with advice from sea-side lady I think it's not going to be easy to reclaim normal overdraft interest.

 

Therefore I need to get a letter out to [problem] or do something. Would it be worth me sending a CCA out to Lloyds and maybe request a letter of assignment with this??

 

I have never been told the account has passed onto [problem] though do Lloyds need to tell me they have assigned it to them??

 

Or maybe I should just start up the repayment process? I am utterly confused but I am starting to panic because [problem] are on my back and I have been ignoring for the past few months because I have been trying to work out what to do for the best.

 

Thanks.

[hillards]

You are best keeping things to one thread, rather than start a new one. Otherwise people cannot follow the story very easily, and you could find yourself being ignored...

 

You should send a CCA request off to whoever is making demands for payment, which sounds to be Sechiari, Clark and Mitchell. See what they come back with.

 

I have received an Subject Access Request

You sent a SAR to Lloyds and you've had the info back you mean? That should tell you if charges and/or interest was added to the account, that you may look at getting refunded.

 

It's always CCA to the people currently asking for money - SAR to the original creditor. Although these are both the same company really, it's as well following the protocol to send the request to the correct department.

[bazaar]

Hi Iam

If youve had help from seaside then there may be little to do but try to negotiate for a better deal.

Have you no illegal charges present after your SAR?

I'm not talking interest, just charges, like returned DD. account charge etc, maybe even you paid account fees for platinum card or such like.

[iamintrouble]

Hi,

 

I am sorry I was trying to start a new thread because I didn't want to put what I was asking in the wrong place!

 

I have sent a CCA request to Sechiari with a request also with a letter of assignment. I read somewhere that a letter of assignment is a good idea because then you can get the DCA to prove they own the debt. I am not sure if this was the best thing to do considering they live in the same building but still.

 

I have got a SAR but it's only made up of normal overdraft charges and seaside lady advised me that I couldn't claim these back. I have no other charges apart from one overdraft excess charge.

 

Well I did have some account charges because they made the account, a special 'you get free RAC membership' or some such offer, account without asking me (I really don't think i would have asked for this, since I don't own a car) Of course I didn't get an apology but I did get a refund of charges.

 

Well I guess I had better wait and see what [problem] come back with.

Thanks

[davey77]

It's a NoA (Notice of Assignment) and yes a good idea to ask for that then you know who legally owns the account and that you are communicating with the organ grinder and not the monkey

[iamintrouble]

Ok well I thought I would never hear back regarding the CCA and notice of assignment request. However me friend has just informed me and emailed me the scanned in letter she has recieved for me.

 

It is a notice of court proceedings and says that they do not appear to have any contact or correspondance from me. They are lying sods and I bet they have pocketed my postal order!

 

So os this the time to just give in and say ok I will negotiate repayment? I just don't know if it worth chasing Sechiari for the CCA request and notice of assignment. And I don't really want the stress of court proceedings and I really want this mess sorted out.

 

I am not sure what to do now apart from worry!