LTSB loan passed to BLS who are now harassing and making threats - advice please

[jc1234]

LTSB have now written back to me saying they do now know who I am but that they are unable to provide a copy of the original loan application document 'due to the amount of time that has elapsed since inception of this account.' They also enclose a cheque as a refund of the fee I have paid.

 

I am concerned about presenting the cheque as this will then give LTSB access to my bank details - something they do not have at present. Also I am amazed how they have changed from 'we have no idea who you are' to 'it's all too long ago now'.

 

Secondly, I have had a further missive from BLS - oh how these bring a smile to my face now!! Apparently I will recall that we agreed a repayment plan that took into account my current circumstances at the time - no mention of what was agreed or when. BLS are now disappointed to note that I have failed to adhere to my commitment - oh yes, how exactly??? Has not the amount due been reducing each month by my monthly payment??

 

Sorry BLS, please forgive me for not telephoning you TODAY as you so subtly demand.

 

I should appreciate any advice regarding presenting the cheque from LTSB - for the sake of £10 I would rather keep my bank details to myself!!

[kurvaface]

Can you not take it into a llyods branch and ask them to cash it?

[jc1234]

Thanks for the suggestion kurvaface, but won't they demand ID etc which I had been avaoiding giving them?

[kurvaface]

Did the cheque come with a letter addressed to you?

 

That should be enough to get it cashed:cool:

[jc1234]

That's great news - yes it is stapled to the letter. So this means I can walk into a branch and say please cash this and not have to prove who I am?

[kurvaface]

That's what I would do:)

[jc1234]

Thanks kurvaface - as always great advice!

 

I had also meant to ask about LTSB not providing a copy of the original loan application. Personally I think that is reasonable as it is 10 years ago, but as I wish to cause them as much aggravation as they have caused me, are they actually allowed to do this?

 

Thanks in advance!

[kurvaface]

Is this their response to your CCA request or your data subject access request? Did they return £1 0r £10.

 

 

LTSB have now written back to me saying they do now know who I am but that they are unable to provide a copy of the original loan application document 'due to the amount of time that has elapsed since inception of this account.' They also enclose a cheque as a refund of the fee I have paid.

 

I am concerned about presenting the cheque as this will then give LTSB access to my bank details - something they do not have at present. Also I am amazed how they have changed from 'we have no idea who you are' to 'it's all too long ago now'.

 

Secondly, I have had a further missive from BLS - oh how these bring a smile to my face now!! Apparently I will recall that we agreed a repayment plan that took into account my current circumstances at the time - no mention of what was agreed or when. BLS are now disappointed to note that I have failed to adhere to my commitment - oh yes, how exactly??? Has not the amount due been reducing each month by my monthly payment??

 

Sorry BLS, please forgive me for not telephoning you TODAY as you so subtly demand.

 

I should appreciate any advice regarding presenting the cheque from LTSB - for the sake of £10 I would rather keep my bank details to myself!!

[jc1234]

This is a response to the CCA request - they returned a cheque for £10

[kurvaface]

ok

 

This sounds like they are majorly messing you around.

 

I would submit a data subject access request to the dsar team at lloyds asking for every bit of info they have, specifically any contracts, credit agreements etc that they have in your name. Also ask for transcripts of all calls between you and the bank. (lloyds do provide them and they will come on an encrypted cd)

 

Submit the sar to your local branch and get a receipt for delivery and advise you can collect from the branch. One tactic lloyds uses is to lose sars in the royal mail.

 

If they do not provide the basis on which they are hounding you in the package that comes back within 40days, I would tell them to sling their hook.

 

I suspect lloyds has no agreement with you and they are just trying to frustrate you into submitting by being awkward and evasive.

 

Do a sar. Inform them if they don't comply you will start legal action against them aswell as informing the ICO

[jc1234]

Actually I am now getting very confused. I had a letter from LTSB dated 30th December 2009 saying thanks for the £10 and they will have my personal information ready for me by 30th January 2010 but that I would need to collect this from a branch.

 

I responded saying please post to me at my home address as you have sent previous confidential information. Now they have sent me a cheque back for £10 saying they cannot provide a copy of the original loan application. This came from Data Subject Access Requests and took 4 days for them to post according to the post mark!

 

I thought that the SAR was not limited to the loan application. Does this mean that they are denying my request, and if so, should I go to the Information Commissioners Office and report this?

[kurvaface]

Either they are lying to you and not providing the data that you have asked for under your rights set out in the Data Protection Act, or they are (Unlawfully perhaps) enforcing a nonexistant contract.

 

One or the other I think.

 

or both?

Edited February 9, 2010 by kurvaface

[IdaInFife]

can you confirm that you have sent two seperate letters?

 

a cca request with £1 and a seperate sarwith £10

[jc1234]

I sent a CCA request with £1 postal order and a SAR with a £10 postal order. I have had a cheque returned to me for £10 together with a letter saying they cannot provide a copy of my original loan agreement.

[jc1234]

I have received today a letter from LTSB (dated 26.02.10 - love their postal efficiency) giving me a statement of movement on my account. The period covers 26th Feb 2009 to 26th Feb 2010 and is pretty useless. They do say that this statement does not contain all the information that I am entitled to receive, and I should get in touch with them to receive that.

 

Is this yet another trick on the part of LTSB or are they really stupid enough to think I won't ask for all the information?

 

I should be very grateful for opinions on this, also suggestions (polite please!!) of what to write back to them with - I am only coming up with sarcasm at the moment.

 

Thank you all for your help.

[F_DCAs]

If Royds TSB have said that they cannot provide a copy of your original loan agreement, then you can legally stop paying them (unless you already have) - regardless of what BLS or Royds say!

[jc1234]

I have kept up to date with my payments. In one of the letters they wrote to me, they claimed they could not provide a copy of the original loan agreement due to the length of time that had passed since taking it out. This actually seems a fair point to me.

[kurvaface]

Not fair at all.

 

On what basis are you paying them if there is no agreement?

 

If you feel obliged to pay them something, perhaps offer to set new terms, such as -

 

" I will pay you 10 pence a month for twelve months and then our business is concluded. If you phone me or harass me there will be a £30 charge to handle administration costs etc...... "

[jc1234]

Thanks kurvaface. I am paying them on the basis that I know I borrowed the money and defaulted (as advised by my bank manager!) and am just fed up of the harassment from BLS and their letters that try to frighten you. I now want to cause them maximum bother and aggravation as payback - but I do actually owe this money (well, most of it now is all the fees and penalties and interest they loaded on even though I was in constant communication)

[kurvaface]

Well it seems they have given all the ammo you need to cause maximum bother and aggravation.

 

1) Non Compliance with cca request

2) Non compliance with DSAR

3) Unfair practices under CPUT regs

[jc1234]

Thank you very much kurvaface, I shall now get to drafting a letter to LTSB/BLS. I think I am going to have some fun here. I am thinking also of returning their cheque and requesting a postal order as that is the form in which I made payment to them!

[F_DCAs]

As of now, if it were me, I'd stop paying anything at all in this situation, regardless of whether the money's owed or not.

 

You've said most of it is fees and penalities, so I'd stop just on that principle. Royds knows full well that such penalities are unlawful, but in their arrogance continues to impose them.

 

As kurvaface rightly points out, you're now in a good position to cause them bother - and why should you continue paying off a debt that the creditor has just said they can't prove?

[jc1234]

Thank you F DCAs, I think my money could be far better spent - like on supporting this forum!

 

I have decided that I shall write to them detailing everything they have done and not done, and stating that due to their own admission that they cannot prove the debt, I give them 28 days notice that I shall make one last payment of £xx in full and final settlement and after that I have no desire for them ever to contact me again.

[kurvaface]

Run your letter past the forum first if you want just to make sure you have all the bases covered.

[jc1234]

Thank you very much - I will do.