Lloyds quote Consumer Credit Regulation 10(2)

[vixta]

Lloyds TSB have reduced the outstanding balance of my loan to zero. Presumably because they cannot comply with my request of copy of CCA(but they didnt say).

 

Am I on firm ground when asking for all payments made to be refunded plus interest, plus compensation, fo they way they have processed my data?

 

Lloyds TSB have replied to the above request that they dont have any intention of complying with any of thse things I have requested and have quoted section 10(2) and paragraph 1 and 2 of schedule 2 DPA to support their position.

 

It is interesting that LLoyds TSB do not say that this is their final position, but say I have the option to take the matter to the FOS for which they will provide details IF WE CANNOT COME TO AN AGREEMENT.

 

The reason why I asked for all of the above was because they are pursuing me for an overdraft which is made up entirely of bank charges and they wont consider a hardship plea, even though I gave them evidence that my house was bing repossessed. Please help!

[Blossomandebony]

Hi, Vixta,

 

Am I on firm ground when asking for all payments made to be refunded plus interest, plus compensation, fo they way they have processed my data?

 

You will get no joy at all in trying to get a refund on payments already made, or the interest. You may apply for default removal to the courts but be prepared for a difficult journey - most of the threads on here suggest that companies can be very dogged at retaining defaults and any compensation would be a long shot too.

 

On the bright side, if it turns out that they really have written of your loan, that is an amazing success in itself!

 

You can still apply for a refund of charges on your overdraft but Lloyds is blindly resisting all hardship claims, as i have found out! I have had no joy with my initial claim despite, (like you) being in the throes of repossession. So now I will file the details of the claim with the FSA. If no joy there, the last option is a complaint to the FOS, but I don't hold out much hope, to be honest. If my claim is not upheld by either of theses bodies, I would then be forced to put in a court claim and sit tight until the waiver is over.

 

BAE:)

Edited April 12, 2009 by Blossomandebony

[vixta]

Thanks Blossomandebony for your reply.

 

Thats what I was thinking, I did not want a refund but, was hoping they would call the debt back from the debt collectors about the charges. I have put my claim in and I am well prepared to put in a court claim for them back but wanted it to be a last resort. I asked for all the above things when I asked them to stay the overdraft collection but they came back with the reply I told you about above.

 

I know I am lucky for them to reduce the balance to zero, but am fighting to get back on my feet and cant afford to pay them for charges.

 

Could I be cheeky and ask what you what you put on the court application for your charges back? Because that is my next step.

 

Thanks Vixta

[Blossomandebony]

Hi, Vixta,

 

I've only claimed the charges back by an initial request for a refund sent to Lloyds - sorry for being unclear!

 

However, I have made 2 previous claims against Lloyds through the small claims court - both settled before court - so i can dig up my Particulars of Claim if you like. Basically I copied and adapted it from one of the excellent templates found on here, all the work is done for you.

 

BAE