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Lloyds overdraft passed on to Wescot


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Evening all!

 

I need some advice an help please.

I have been paying back an overdfraft on a monthly basis to Lloyds since 2009 without fail. I have even increased the amounts when i have been able to as I was keen to pay things back.

I recieved a letter on November 30th from SCM (so still in house?)stating that my account had been passed to them. Phoning these people does not bother me so i spoke a to a lady who said that i should carry on making the payments as normal by SO and that nothing needed to change. No problem I thought.

 

However,today I recieved 2 letters. The first being from my bank stating that my regular payment to Lloyds had been repayed back into my normal account as my Lloyds details were invalid! Hmm... The next letter was from Westsnot who are now collecting on behalf of Lloyds! Suitably annoyed I phoned Lloyds and asked what was going on. After being passed from one department to another I was eventually told that although sympathetic they could not do anything and that I would have to contact Westsnot.

 

I do not want any dealings with this DCA so what to do next?? All advice greatly appreciated!

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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

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Cheers SD. How do I go about doing that please?

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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

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Just send a letter requesting the DOA from each party...Also further to my last post Ive dug this out of my bookmarks..(copied from this site somewhere)

Incidentally Assignments - The Notice of Assignment Provisions basically say that for an Assignment to be valid notice of it must be served by the assignor on the debtor - s136 Law of Property Act 1925. The important thing to remember is that you can still ask to be provided with a copy of the original assignment

XXXXXXXXXXXX

Re: Notice of Assignment - both parties?

Quote:

Originally Posted by I've got no money

The Notice of Assignment - the LPA 1925 requires that for an Assignment to be be effective Notice must be given in writing by the Assignor to the debtor. The act doesn't specify when ALTHOUGH the agreement may do - some Consumer Credit Agreements require the Notice to be given within a set period of the Assignment. What is important to remember is that if a creditor alleges an Assignment has taken place you want to see the actual assignment - not just the notice.

 

quite , the case of W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169 did set out however that the date of assignment must be correctly stated or the assignment is ineffectual in law so there are constraint upon the accuracy of the document

 

also the figure must be correct or the assignment is again ineffectual

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Deeds of assignment can only be requested by a Judge, a notice of assignment, which is what you are referring to will normally be sent by the new DCA, in this case wetcloths.

 

I personally would not send them anything, or even ring the fools. Correct SCM are in house DCA's for Lloyds.

Wait until this tin pot company who is hilarious send you their first begging letter, then you can ignore the first one, wait for their second empty threatogramme and inform them that you don't recognise them and you don't owe them anything.

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

Send any letters to these inept fools by 2nd class post, just to let them know how important you class this trivial matter, all you need get is proof of posting from the post office.

 

As for Lloyds, you need to start their own complaints procedure, what they will have done is farm out their bad debts to settle their books and make it look like they are in the black, whereas we all know that they still owe us money, in fact we still own 43% of Lloyds banking group, your aim is to fully exhaust their flimsy complaints procedure so you can escalate this to the FOS to investigate. Their treatment of you as a customer is very questionable, proof if it were ever needed why no loyalty should ever be shown to any financial institution, they only need us to bail them out of their own mess.

 

Get making that complaint to them, ignore Wetcloths,

http://www.lloydstsb.com/contact_us/complaints_procedure.asp

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks both-much appreciated.

BB-Westsnot have sent the first threatogram so will ignore for now. I will also go through Lloyds complaints procedure..im very p****d off having been a customer for years and getting treated like this.

A few questions though.....By sending the 'no knowledge of the debt' letter as linked (cheers!) i didnt think i could go down that route as I cannot even CCA them as the debt is an overdraft and/or slow things down or even stop them by them not having the correct paperwork etc?

Im also pretty sure that theres bank charges on the account but i guess i cant reclaim them after the SC ruling anyway??

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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

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On the contrary any charges applied to your account MUST be challenged and reclaimed, they have to prove that they are fair, which we all know they are not!.

As for Lloyds and any notion that having been a customer of theirs and showing them loyalty, well, a bit like your car insurance, you need to show zero loyalty to them, especially as we are all now paying for their monumental cock up, seek out the best deal for you, go with a different bank, vote with your feet, they will soon get the grand idea that they are not at all liked in this country and need to improve their very pathetic business practices!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks again BB. Im definately going through the complaints route with Lloyds. I was told by one of thier 'advisors' that i couldnt make a complaint as they had no info on me as my account did not exist anymore!! :-x

To reiterate the point about Westsnot however, if i send the 'no acknowledgement of the debt' letter what is likely to happen next? Sorry for my scepticism its just that I feel a little unsure about going down that route as i have no CCA to fall back on. I dont mind palying hardball withese awful people i just need reassurance i guess...

 

Cheers

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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

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By sending them the No debt acknowledged letter they will send you some meaningless drivel, with a figure you purportedly owe and who it is too, but no reference as to how they have come to this alleged debt, this will merely get the ball rolling and begin the paper trail of evidence, and by the time they have sent you their computer generated threatogramme, you will have started the complaints procedure with Roids and until that has been resolved you can dispute the account on the basis that you are in communication with the bank and are awaiting their version of events.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for making things a little clearer for me BB. Im not leaving this lie!

I guess that I should SAR Lloyds too to get a figure of all the charges etc?

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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

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http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

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I've had this with a Lloyds loan. Paid them back for years then get a letter saying it was being send to their debt recovery section, no more interest etc and to wait until they contacted me. Next thing a letter from Moorcroft demanding the money....CCA'd them and they handed it back to Lloyds. Then letter from SCM so I rang and acted dumb and pretended I didn't know SCM were Lloyds. Asked why I was being chased when I had a letter saying Lloyds would be in touch and that I didn't know who they were or who Moorcroft were. SCM said to talk to lloyds and they couldn't even send me a letter to say Moorcroft were dealing with it as they didnt have a template. Next AIC send me letters so CCA'd them and get the 50% discount letter within days.

 

It would appear that Lloyds get bored and now just punt every account out to DCA's so they don't have to bother themselves. Challenge everything and they soon go quite!

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Its seems common practice now as you say TB. I sympathise with your situation but can see you made a bit of headway if they are at the '50% discount stage' 8)

The problem that I have is that i cannot go down the CCA route is the debt is an overdraft. With that in mind i am in unchartered grounds so will listen to any advice given.

 

On another note, ive done a bit more reading around this on this forum and on the Lloyds forum.From the posts it seems that being a long time customer means nothing to them does it!!?? Complaints will be kicked off very soon!!

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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

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  • 2 weeks later...

Hi all.

 

Just to update. Have written to Lloyds outlining my complaint in full with no reply as yet. Have sent Westsnot the 'I do not acknowledge the debt' letter along with the 'I will only communicate by mail' letter. Have recieved a second threatogram from Westsnot giving me 10 days to pay in full complete with 'could's' 'may's' and doorstep collection! :whoo:

What to do next? Do I just sit tight or is there another letter I could send Westsnot to shut them up for a bit?

 

Cheers! :-)

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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

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No, Ignore their empty puerile threats, you've more chance of the Queen turning up to use your loo! (sorry Lavatory)

That letter is one of many that their corrupt computer churns out in the hope of getting a response from some unfortunate member of the public, they claim owe money.

Just make a copy of it and send it to the OFT&TS. Keep a diary of events also, with a view to reporting them to the Police for the criminal offence of harassment.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks BB. Your advice is much appreciated as always. Will continue to ignore until something else turns up....

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http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

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Thanks for making things a little clearer for me BB. Im not leaving this lie!

I guess that I should SAR Lloyds too to get a figure of all the charges etc?

I’m no expert on overdrafts but am dealing with a [email protected] one on behalf of a friend. At first we were going to roll over and concede to their demands. I then sar’ed the bank and got 6 years transaction history showing all the charges applied. With us the charges came to almost the amount they are seeking. What we do now is send a letter to whichever dca is acting on behalf of the bank and list the amount they say we owe and the amount of unlawful charges levied to the account over the years, and leave them with no uncertainty that they will be receiving sod all! I invite them to commence county court proceedings if they feel they have a case where a full and vigorous defence and counterclaim will be submitted. It usually goes quiet after this until another dca rears its ugly head and just repeat the process again.
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I’m no expert on overdrafts but am dealing with a [email protected] one on behalf of a friend. At first we were going to roll over and concede to their demands. I then sar’ed the bank and got 6 years transaction history showing all the charges applied. With us the charges came to almost the amount they are seeking. What we do now is send a letter to whichever dca is acting on behalf of the bank and list the amount they say we owe and the amount of unlawful charges levied to the account over the years, and leave them with no uncertainty that they will be receiving sod all! I invite them to commence county court proceedings if they feel they have a case where a full and vigorous defence and counterclaim will be submitted. It usually goes quiet after this until another dca rears its ugly head and just repeat the process again.

 

Very interesting Panther..i like your style! Ive just SAR's Lloyds too so am awaiting what comes back. I know for a fact theres charges,-the question is how much!! The greedy so and so's wouldnt freeze anything on the account for the best part of a year which is one of the reasons why it has got to this stage at present.

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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

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http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

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  • 3 weeks later...

An update...

Westsnot have replied with a letter which they state 'have acted in good faith' and were 'unaware of an dispute with thier client'.

The letter goes on to say that they will place the account on hold for 30 days after which normal service will resume.

What next? Just hold tight or reply????

 

Cheers!

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Did they refer to your complaint at all? ie, are Twitwest going to contact you to sort it out?

 

I wouldn't hold my breath, wetcloths wont' lift a finger, neither will helpful banking, in thirty days time the paper mill will begin again, and you can either ignore, or send them the exact same dispute letter as you did to receive this missive.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Cheers BB! No reply from Lloyds as yet. Still waiting for my SAR to come back too. Will keep you posted...

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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

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  • 3 weeks later...

Fuming!!! Just had a reply to my SAR back from Scottish Widows!!!??? with my PO returned stating that they have/had no account in my name!!!!! :mad2: I really want to go to town now!!!!!!!!!!!!!!!!!! :evil:

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Really DD? Can you just surmise the details for me, as my memory is extremely poor, are they not the OC?

 

No BB. The OC is Lloyds. That was thier apparent reply to my SAR -from Scottish Widows!! Another complaint has gone off! Not that they have replied to my first complaint regarding my OD and Westsnot's involvement. Am fuming!!!!:-x

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