LLoyds cant find Loan CCA

[Mr lex]

By putting a complaint before the FOS you are drawing their attention to the behavior of your Bank. Do it. Banks do not like people complaining to the authority they have to answer too. FOS have no teeth, as others have said. BUT, there is an accumulative affect, if enough people complain, FOS will require your Bank to explain themseves for thier actions. Don't get me wrong, FOS have no clout, they are made up from ex-bankers for the most part. BUT if you keep on thier case, they will have words. Make sure you keep a record of any ref. numbers they give you.

 

Lex

[Mr lex]

Above all, keep on their case.

 

May the FOS be with you !!!

[rhino666]

Well, while it's with them no one gets paid because it's in dispute and I still want to see a properly executed CCA( which it wasn't )

[The Mould]

I've referred my case with a bank who says they don't have my CCA to the FSO to see if I can get the bank off my case. Does anyone know how much clout they have?

 

e.g is their word final above that of a judge ? How does it work ?

 

Hello rhino

 

As you probably know by now the FOS does not make any decisions on legal matters.

 

The FOS will side with the bank. Their 'investigation' will cost the bank around £400 odd pounds which, to the bank, is absolutely nothing.

 

Did you SAR and CCA request the bank for a copy of the original agreement?

 

All the Regulators are, in my opinion (based on extensive experience with them) absolutely useless, it will be far better for you to challenge the bank on your own (or if you can afford legal representation, with a Solicitor).

 

Kind Regards

 

The Mould

[Elmo South]

I have to disagree with the comments about the effectiveness of the FOS, although I realise that not everyone will get the same result

Have a read of my thread Elmo & Lucy v Lloyds again!! As I explain in my thread it did take a long time & was stressfull but Lucy ended up with £18,000 & is now debt free. Just think how long it would take to earn £18,000 net of tax, nationa insurance etc etc.

 

The important thing to remember is to prepare well & expalin everything to the Nth degree and provide your own calculations if you think the bank is wrong.

 

Good luck

 

Elmo

[rhino666]

Can anyone advise on my options? Please.

[rhino666]

Here's what they said. "I took the money so there for I should pay it back and he sees no reason why LLoyds should lose that money just for the sake of no current agreement."

Does that sound right ?

[sillygirl1]

NOPE, you need to appeal, Lloyds will have added loads of unfair charges on the account. I can't help on the appeal as I have never done one.

[rhino666]

Is it worth continuing with these HIGHLY biased people

[hardboiled]

I don't understand why they are being so bloody minded. Are they share holds of these banks?? so much for consumer law eh!

[42man]

The stupid thing is there are ENDLESS numbers of Higher Court Cases where the owing aspect of the money hadn't been disputed it was just the fact that it was unenforceable...

[rebel11]

Changed FSA to FOS in thread title. I'm sure I stated thats standard fare for FOS, thats total rubbish, the problem with that is, they would say the same if someone held a gun to your head and forced you to borrow the money. An over the top example, but thats what the FOS do.

[firstship]

rhino666 Hi suggest you have a read of the thread" waksman,Carey and summary of findings 4" thread was started by leopard lady,I feel this will answer your questions.

 

It is without doubt in the lower courts cases are being lost as the OC is proving use and payments made into the credit card account,and ignoring agreements,read the thread I have indicated it will be of help

 

FS

[rhino666]

Reading it now.

http://www.consumeractiongroup.co.uk/forum/showthread.php?291474-Waksman-Carey-and-summary-of-findings-4&highlight=waksman

[rhino666]

If the FOS are financed by the banking industry ( which is a fair assumption ) why would they bite they (The FOS) hand that feeds them, and I still don't see why other bodies say they are fair and independent. they're not !

 

What I'm having used against me is that bank are only obliged to keep record for 6 years. That makes no sense.

obliged to keep for that period and longer ?... is min or max???? I don't understand . so if I had a loan for 10years they'd still throw the agreement away(!!) that's just plain dumb. surely they should hold onto records for as long as there's not a zero balance.

 

Am I right or wrong in saying that.

Edited January 28, 2011 by rhino666

[rebel11]

Lloyds pay the FOS £450 to look into the matter. The FOS probably set their employees targets to reach, i.e. number of complaints. So it really doesn't stack up.

 

I don't understand why they are being so bloody minded. Are they share holds of these banks?? so much for consumer law eh!

[rhino666]

Is that a definite £450 as fact it's hardly surprising and would make them VERY biased to the point they need to be disbanded.

Hardly a service to the consumer.

[rebel11]

http://www.financialombudsman.org.uk/faq/businesses/funding.html

 

There is a more detailed Table, can't find it at the moment.

[rhino666]

FFS no one is going to bite the hand that feeds them. What a joke!

 

Cheers Rebel just proves what I said.

Edited January 28, 2011 by rhino666

[Bazooka Boo]

IF you have no contract ( and I don't think anyone on here would be stupid enough to enter into one ) with a DCA then surely you're not legally obliged to pay the DCA e.g you should

be able to pay lloyds (BLS) or whoever you want as long as they get their money back.

 

Is that correct ?

 

Not entirely, your original contract will have stated that in the event of a dispute or default of payments yadda yadda yadda, your account can be passed to a third party to deal with, so technically you have given your consent when you sign these agreements, it's all in the small print!

 

However, what DCA's are NOT allowed to do, is add their own fabricated charges or fees.

 

Not entirely, your original contract will have stated that in the event of a dispute or default of payments yadda yadda yadda, your account can be passed to a third party to deal with, so technically you have given your consent when you sign these agreements, it's all in the small print!

 

However, what DCA's are NOT allowed to do, is add their own fabricated charges or fees.

But they all charge.

Isn't BLS a Debt collection agency ( Yes I know they're part of lloyds )

so in which case it's 2nd hand passing down if it came from BLS...( no contract( i hope )

AND if as in many cases there's no CCA ... then what ? Sure that can't just give it to any old muck spreader because ther's no contract available.

 

Like a lot of other my CCA is lost because a bank says they're only obliged to keep records for 6 years. 6 years is the min not max so they're trying to get out of it

so no CCA no contract no paying moorcroft unless told to do so by a judge. Unless someone wants to correct me.

[rhino666]

eg

 

Is it possible to find out IF a bank has sold the debt ?

Does this form a NEW contract between you and the DCA thus now having no contract with the bank

Obtaining how much it was sold for sold for. e.g they sell a £100 loan for 60 is £60 is your new debt.

[rebel11]

Hi rhino

 

The bank should actually tell you that they've sold the debt, you shouldn't have to ask. It's the same contract, but it's been sold. It's not possible to find out what it's been sold for.

 

This is a an interesting read, http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf

[rhino666]

Thank you.

The reason for asking is that if a banks in house collection dept then passes the debt to abc debt dollectors should then they something rather than just getting a letter from the new DCA.

 

A good example being BLS who then pass it onto Moorcroft without notification. It happens a lot on here.

[rebel11]

The seller of the debt should inform you first, you need to be certain.

[rhino666]

I just got a letter from Moorcroft saying cough up after I kicked up a stink with BLS and lloyds for not having a CCA AND because they don't keep records for more than 6 years.

hence me asking what the procedure is.