Lloyds TSBs continued enforcement despite CCA default

[beavis123]

I asked for a copy of my credit agreement relating to a loan i have with Lloyds TSB last November, of course my request was completely ignored as were all my subsequent letters notifying them of the default.

Despite the dispute, Lloyds have continued to apply interest, and lodged a default and have passed the account to BLS collections who i have refused to discuss the account with.

I want the default removed as Lloyds TSB should not have lodged it while the account is in dispute so I complained to ICO who replied saying that the default was lodged fairly and they wont get involved with s.77 CCA issues and referred me to the OFT who i have already complained to anyway. I also complained to the FOS about the breach of 13.7 ofthe banking code but i know from experience that it will take ages and most likely wont come to much anyway.

I did receive a letter from Lloyds a week or so ago which appears to be a response to a letter i sent to BLS collections telling them that i wont deal with them and why. The response from Lloyds basically tells me that the default was issued because i didnt keep to the terms of the agreement and that they are aware of the dispute but they intend to continue with enforcement action anyway!

I replied telling them that i will provide the OFT with a copy of their letter as evidence of their breach of the OFT's final guidance on unfair business practices.

What i need to know is; Who else can i complain to? I want the default removed but the ICO are'nt interested, the OFT won't investigate individual complaints (i have complained to them anyway), the FOS are useless and complaining to Lloyds is completely pointless. I was thinking about complaining to TS but not sure if it's something they would look at and if they would then which TS would i complain to? would it be my local TS or the department that serves Lloyds TSB CSRC? (which is Brighton in my case)

Also i remember reading somewhere on here about a part 8 claim in the court so if anyone knows anything about this or my other questions i would be grateful for any response.

 

Thanks in advance...

[surprise]

BLS are the inhouse debt collectors for Lloyds. Unfortunately the only way to get the default removed is if you take court action against Llloyds. Lloyds will probably pass this on now to a DCA, usually AIC who are a particularly nasty bunch. There have been several threads along similar lines in the past. It seems no regulatory body will get involved when it comes to credit agreements and defaults.

 

Lloyds have admitted to me that they have no agreement but they are still going to pursue the debt, however, not through court. Their words not mine. Every so often they pass to another DCA and I just send a copy of their letter its just a merry go round.

[beavis123]

Thanks for the reply, I think i will look into the court option, it's a bit daunting but i really don't want to let them get away with it. Still not sure whether I should complain to TS though....?

 

Surprise, have you made any complaints about your situation?

[Stephan56]

The behaviour of the DCA and banks never ceases to amaze me. Here you have Lloyds TSB ADMITTING to having no agrement and then that they will continue to chase (in direct conravention of OFT Guidlines) and no one does a think about it. The poor client/customer then needs chased endlessly for an unenforceable debt. Where is the weak link in all this? The OFT, TS? What stops them taking a more robust approach to keep these DCAs and others in line?

[babybear39]

Report them your TS and their TS quoting breaches of the UCPD and the CPUTR 2008. If they come back asking you what the breach is refer them to LACORS!

 

This thread might help:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial.html

Edited August 31, 2009 by babybear39
Link added

[beavis123]

Excellent, thanks for the link babybear, i am going to write to theirs and my TS dept. immediately

[surprise]

I have reported them but to no avail. I am told that although there is no agreement Lloyds have enough evidence to show that the debt exists.

[beavis123]

I have heard the same thing from the ICO and the FOS but my argument is that i am not disputing the existence of the debt, but the fact that no CCA has been provided means that the creditor cannot enforce the debt at all.

 

I have just sent a long email to Brighton and my local TS departments pointing out the UCPD and the CPUTR 2008.

 

Hopefully they will take some action. Lloyds TSB can't continue to get away with this, they have no regard for what is lawful or otherwise whatsoever and need to be stopped, i will take it all the way to court if it comes to it...