Cabot/Wescot - old lloyds Personal Loan

[Petebob]

Hello folks,

Firstly I'd like to say thanks to the guys who set this forum up.

There's a hell of a lot of info on here and from what I've read some good folk offering their time and advice.

I'll try and keep this short

BLS want me to pay an Overdraft which I believe isn't my fault.

I had some trouble with my blood and consequently had to give up work.

Shortly before everything went to pot I made an appointment with my branch.

Let's just say they weren't helpful at all.

There wasn't enough money in my account for my Loan DD to go out but the money was debited from my account anyway, instantly making me overdrawn. But strangely a DD for a mobile bill bounced (as I thought it should).

I called collections who didn't really know as it wasn't forwarded to them yet so they couldn't help.

They kept taking the DD and sticking on interest.

Unfortunately due to being admitted I wasn't able to get things sorted quickly enough.

Since they have pulled my statements from internet banking I sent in the Subject Access Request which they received on 04/06/09.

In reply I got a letter asking me to confirm my signature which I sent back on 17/06/2009.

Unfortunately it wasn't delivered until 22/06/09

I have heard nothing in return and believe the 40 (working) days will be up by the 29th of this month.

Should I get the "Hurry Up" letter printed and sent?

Regards

Pete

[**Tilly**]

Hi PeteB

welcome to cag

 

The 40 days are calender days and not working days, if you haven't recieved your statements/data you need to send the non compliance letter.

 

Data Protection Act - Non-Compliance - Template Letters

[Petebob]

Hello Tilly,

 

Thanks for clearing that up for me. I couldn't have read it properly

Non - Compliance letter is in the post.

[**Tilly**]

Hiya Pete

 

Your welcome theres a lot to take in at first and can be a bit daunting, any problems or worry's just shout:)

 

[Petebob]

Hello Folks,

 

Well I finally got the info I hope it's all there as it weighs alot and most likely would knock someone out if it fell on them!

 

There's alot of jargon in there but it does confirm that the Direct Debit for my loan was taken out and not bounced back pushing me over my overdraft limit. They did however bounce my mobile phone bill.

 

Could someone point me in the right direction of a letter outlining this to BLS and Lloyds?

 

BLS have also sent me the Full & Final Settlement Offer (Without Prejudice)

to basically halve the outstanding amount LOL

[Petebob]

Hello folks,

 

I'm wondering if I have anything to use against Lloyds for continuing to take out a Direct Debit when there wasn't the money in the account to cover it?

 

The payments for a loan went out yet they bounced a mobile phone bill

[disgruntled2007]

It would depend on whether you had cancelled the DD or not.

If it was still a live DD then it is your responsibility to ensure sufficient funds are available, and you would, indeed, be liable for any bouncing fees and charges.

If you had clearly informed them that the DD was to be cancelled, and in good time, then you have cause to complain, and grounds, too.

[Petebob]

I would have understood if it had bounced and then I got charged for it bouncing.

 

What actually happened was my mobile phone bill bounced and got charged but the loan payment was taken for the full amount pushing me past my overdraught.

 

I thought that with DD if the funds weren't there it would bounce

[Petebob]

Hello everyone,

 

I sent a C.C.A. request to BLS on the 24th January regarding an overdraft.

I received a letter 9th February (postmarked 7th February) from Card Services quoting a different account number (Old Credit Card) and giving the plea that they have a high volume of these requests.

They also advise that this makes the matter temporarily unenforceable but does not affect my legal obligation to make payments as per the agreement.

As the 12+2 have now passed should I continue paying the token amount while sending the in dispute letter?

I'm unsure where to add a line regarding the account number mix up so if anyone has any advice for this please feel free to comment.

[maroondevo52]

Hi,

 

Sorry I'm not sue who BLS are.

 

Was this for a overdraft on a Bank Account, if so Overdrafts have part V exemptions (form and content) from the Act. This does not mean that they are exempt from the Act. The credit agreement would be in the form of a letter from the bank stating the amount of credit, the APR, charges and cancellation rights. This type of agreement would not be signed by the debtor.

 

Regards.

 

Scott.

[Petebob]

Hi Scott,

 

As far as I am aware BLS are part of Lloyds collections. They have the same address as "Collections" uses on some of their letters to me.

 

The overdraft was on a standard account but it's a funny story. I had a period of illness & Lloyds kept taking my loan payments out (by Direct Debit) even though the account didn't have sufficient funds. Any other DD got bounced.

 

What puzzled me was the wrong account number referenced on the letter. I clearly labelled the request with the revelant account number yet they replied with a different one.

 

Regards

Pete

[Petebob]

Hello Everyone,
I would appreciate advice on what to do next.

I took out a personal loan in 2001 with Lloyds TSB when they were merged.

In around 2007 I had some medical issues (which have been trouble to diagnose and to this day are still causing problems).

Despite me informing them that I could not make the next payment because benefits weren't sorted yet.

They took me over my overdraft limit and sent all the letters. Back then, I verbally agreed over the telephone to pay £30 a month.

Some years ago a company called Wescot wrote saying they had ownership of the debt and I stupidly did not request proof. I continued to pay the £30 despite their badgering to give a breakdown of my finances.

Most recently a company called Cabot have been involved saying they acquired it from Wescot in 2019, even though I am still making the payments to Wescot.

Cabot has been for 2 years sending my statements to an old address. I last lived there some 14 years ago.

After contacting Wescot to remove that address, they denied having it and did not bother to update Cabot.

I raised a complaint with Cabot about this.

They claim to have amended the details while offering me £200 for my inconvenience.

Suffice it to say the cheque has not arrived. I did not expect it anyway.

There is no entry for either on my credit history.

What should be my next step?

[dx100uk]

several threads merged going back years

you should have stopped paying in 2009.

stop paying and ignore everyone now until or unless you ever get a letter of claim.

dx

[Petebob]

What would be my options if they sent the letter of claim?

As I have statements which have an 'original total' minus the payments and the details of account number, Duration and amount of credit would this likely be used in the letter of claim?

 

[dx100uk]

its an od, should never had been paid to any dca in the 1st place.

probably mostly as you've already said several times over the years, mainly made of penalty charges and the interest those attract.

as for the £300 they probably took that off the fake balance too.

and just think of what +15yrs of £30pcm you've paid adds upto? +£5'000 mugged blind we call it being a dca cash cow

dx

[Petebob]

I'm sorry, I thought I wrote clearer. This matter is dealing with a personal loan I took out back in 2001. 

[dx100uk]

as long as you've told cabot of your correct and current address then stop paying see if they send a letter of claim.

as for the OD then? are you still paying that £30 or indeed any dca on historic debts? i thought also there was a mix up earlier upon what the debt was, you weren't sure if it was a loan or the OD?

dx

 

[Petebob]

The OD was dropped and Wescot/Cabot sent the letters regarding the loan.

I thought by starting a new post I would be giving the correct info.

As Cabot quote account numbers,

duration of loan, and

credit amount on the statements,

what would my options be if a letter of claim did turn up?

I sadly do not have the outstanding balance.

[dx100uk]

you would reply as post 2 after hitting letter of claim

dx

 

[AndyOrch]

Topic title amended