LLOYDS TSB - Unsure Where I Stand

[rhos123]

hi, lee k have you been sending all your letters to the "HOVE" address? thats their collections dept they tend to mislay letters of complaints!

[Lee_K]

Yep! That's exactly where i'm sending them to:

 

Lloyds TSB Bank PLC.

Consumer Debt Recovery

Three City Park

The Droveway

Hove

BN3 7AU

 

All 4 of them went to that address! I take it you have had a similar experience with them?

[rhos123]

yes indeed i have ! right this is what to do. this number is for customer service recovery, main office in" glasgow" free phone no- 0500 758888

 

phone them and tell them about your problems. also tell them you want to log a formal complaint, they will give you ref-no. and belive me you will get a reply

[Lee_K]

Cheers i'll keep hold of that but I was hoping a complaint to the OFT would make them take more notice...?

[rhos123]

ok a complaint to oft is fine, however i would still make a formal complaint as post above, also tell them you are going to complain to oft, they will respond!

 

if you are not happy to telephone then this the address. CUSTOMER SERVICE RECOVERY.

2ND FLOOR ATLANTIC QUAY,

45 ROBERTSON STREET,

GLASGOW

G2 8JD

[Lee_K]

Well I did state in that last letter I just sent I was going to complain to the OFT but the more help, the better. So cheers for those 2, much appreciated... Any idea how long I should be waiting for a response?

[Lee_K]

Well I thought i'd update this on the latest... Havn't had a reply to that letter either so looks like i'll be making a complaint to the OFT. Any tips on how to go about that?

[Pinky69]

The OFT does not deal with individual complaints. It records complaints on the bank's file and they are brought up when the bank applies to renew its credit licence. Lloyds won't have any difficulty renewing its licence.

 

I personally would ignore them as they have not responded to your CCA request, which means they cannot find your agreement. They cannot ask for further payment until they send you a copy of the agreement and they cannot take court action against you. If you have put the account in dispute, that is all you can do for now. I would certainly continue to pursue the charges and sl them why they are on hold.

 

If you want to complain about not getting a copy of your agreement, it's the FOS that deals with those complaints. Firstly, you have to have exhausted the bank's complaints procedure which means you have to make a formal complaint to the bank's Complaints Department. You then have to give them 8 weeks to reply and then you can complain to the FOS. You can then wait for up to a year for the FOS to reply as they cannot cope with their workload. A waste of time.

[Lee_K]

So basically i've done all I can do? I havn't had contact from them for a while and havn't paid a penny, which all sounds good but there's a default on my account which i'd like to try and put right if possible... I also read that once my debt reaches the end of it's contract date then Lloyds could try and reclaim the debt without having to show a CCA, and as the end of my contract is this September I thought I should try and do what I could now. So is this right or wrong??

[Laura Cooke]

Not sent me anything either (been onto them since last December) other than terms and conditions which they probably just typed out they can`t locate the agreement they said they wouldn`t enter into any more discussions yet expect you not to ignore them!! which is what I intend to do till they comply!! sent for sars had nothing now they write saying they`ll accept £1 a month for 6 months they can swivel, they desperate or what

Edited February 20, 2010 by Laura Cooke

[Lee_K]

Keep me updated if you hear anything else from them, I havn't a had a thing since those letters in my OP.

 

How true is it about them being able to try and recover the debt once the contract has reached its end date? Without the proof of a CCA?

[Pinky69]

If Lloyds want to take legal action about the loan, they must produce an agreement in court, whenever they try to take that action. No agreement means no enforceable debt - at any time. If they try to take action about the overdraft, you would have a counterclaim for charges and they have said themselves that is currently on hold. The delay is obviously because they cannot find the agreement and they can take no enforcement action unless and until they do.

 

As for the defaults, you have to ask Lloyds to remove them in the first instance. Your request should be sent to the Data Controller at whatever address you have for them. This will be on the basis that there is no agreement and they do not have your permission to process your personal data. Send a copy to the credit reference agencies as they are joint data controllers and must investigate any dispute. If they go true to form Lloyds either won't reply or say the default entries are there legitimately. Then you can make a complaint to the Information Commissioner, who again takes months to reply, as advised above. It is far from easy to get default entries removed and if the ICO doesn't work the only recourse you have thereafter is to the courts. I advise you to read the Information Commissioners Technical Guidance to filing defaults which you will find on their webpage under the Data Protection Act section.

[Lee_K]

Ah ok cheers that clears a lot of things up for me then, i'll start looking into getting them removed then. And just let things lie for a bit with Lloyds.

[Laura Cooke]

The OFT does not deal with individual complaints. It records complaints on the bank's file and they are brought up when the bank applies to renew its credit licence. Lloyds won't have any difficulty renewing its licence.

 

I personally would ignore them as they have not responded to your CCA request, which means they cannot find your agreement. They cannot ask for further payment until they send you a copy of the agreement and they cannot take court action against you. If you have put the account in dispute, that is all you can do for now. I would certainly continue to pursue the charges and sl them why they are on hold.

 

If you want to complain about not getting a copy of your agreement, it's the FOS that deals with those complaints. Firstly, you have to have exhausted the bank's complaints procedure which means you have to make a formal complaint to the bank's Complaints Department. You then have to give them 8 weeks to reply and then you can complain to the FOS. You can then wait for up to a year for the FOS to reply as they cannot cope with their workload. A waste of time.

 

 

It`s not on like with Lee or myself how can you claim back default charges when you have no idea how much or how many when Lloyds Tsb will neither send the cca which they don`t have? or the sars by doing so they are preventing you claiming back these penalty charges which must be illegal:confused:

[Pinky69]

They must respond to a SAR request. If they don't they are in breach of the Data Protection Act 1998 and that is unlawful. That is then a formal complaint to the Information Commissioner.

[Lee_K]

Ok, well i'll be sending that off aswell.

[Laura Cooke]

sent 3 subject access requests to one creditor and 3 to another both have ignored everything reported them to ICO not that it makes any difference as the ICO can no longer cope so they not done anything to help issued a N1 against both creditors one sent the sars the day after issued the N1 which makes your blood boil other has till 3rd March and still hasn`t responded they seem to be a law to themselves

 

Wondering what I should do now one of them as sent the sars after I issued the N1?

[Pinky69]

If you issued the N1 to get the SAR then you have achieved your objective and can tell the court you no longer wish to proceed.

[Laura Cooke]

Should I be getting in touch with the court before the 3rd March then? then how do I claim my scheduled costs? they might have sent the sars but I went right through procedures to court etc before they did

[Pinky69]

Did you issue an N1 for the one which has until the 3 March to reply? If you isssued an N1 for the one which has replied and that was all that was on the N1 then you no longer have a claim against them and won't be able to recoup your costs.

[Laura Cooke]

Both were put in same day to be remedied by 3rd March surely I can do a wasted costs but when and how?

[Pinky69]

I have no idea. I think you should start a new thread on it and ask if anyone has applied for Wasted Costs and how they went about it.

[Laura Cooke]

cheers

[Lee_K]

Well I still havn't had any response from Lloyds TSB. But I did just get a letter from Allied Internation Credit LTD. Saying:

 

Date: 22 February 2010

 

Client Name: LLOYDS TSB BANK PLC.

 

Our client has informed us that under their terms and conditions, as Formal Demand has been made, payment of the full outstanding balance must be made immediately.

 

Should you need to discuss your account, please urgently call:

 

Mr A Dickey

 

(0141) 2283039

 

PLEASE ATTACH PAYMENT TO THIS NOTICE AND RETURN IMMEDIATELY.

 

-----

 

As far as i'm aware, as my account has defaulted arent they breaking the law by passing my debt onto yet another DCA? Seeing as I havn't received a single response to any of my CCA requests? I am not scared of the letter as I know they dont really have a leg to stand on, and it makes me laugh if anything. But also p***es me off that they can try this!

 

So once again, where do I go from here?

 

Thanks in advance, it's much appreciated!

[Pinky69]

Ignore AIC and report them to the OFT for pursuing payment on an alleged debt which is in dispute. Every report is a nail in their coffin and they have had a few lately.

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

 

[email protected]