Moorcroft chasing Lloyds loan now sold to 1st credit

[citizenB]

Bumping again

 

can anybody advise on the CCA - should it have included terms for the PPI??

 

Cheers Intend

 

In a word, yes. You should have been provided with the terms and conditions of the PPI separate to the loan.

If you consider this has been mis sold then you should be making a claim for a refund of the premiums.

 

 

Re Post 66. Just had a look over bank statements - appears LTSB took out over £1000 from his current account to settle his CC after they terminated the account resulting more overdraft fees and charges.

 

My question is this - If the account is terminted can they legally take the money from his current account without agreement??

 

Would like some advice please, this is out of my knowledge. Instinct says they should not be alloewd and I'm inclined to complain and seek a refunf of the charges incurred as a result.

 

My start a new thread in the LTSB bank section to keep this action separte from other issues.

 

Cheers in advance of dvice to come

 

Intend

 

Sadly, there is something called "offset" and yes they can do that. But the sum you have advised seems a bit excessive. You are advised to set up a parachute account with a bank that has no link to LTSB/HBoS.

 

Have a read of "Sequenci's Debt Blogs" linked in my signature. There is plenty of advice there.

[citizenB]

Re Post from CB. Still minded to complain about their actions. Now worried a little - still has a current ccount which we have just managed to get into credit with. When tried to close the account they declined has he has a loan account. worried they might strt to offset his credit card against his current account and get into a spiral of charges again.

 

Is there anything we can do to avoid this??

 

Cheers Intend

 

If you keep your current account with a minimal balance, I am pretty certain they are not permitted to offset leaving you with a negative balance that would incur charges.

 

If the loan is paid for by way of a Direct Debit then you can cancel that and pay it by standing order or online transfer. They cannot refuse to cancel the Direct Debit, even if it is in favour of themselves.

[citizenB]

I dont see there is any need to respond. If the account is on hold until such times as they have resolved the dispute you have with the OC.. then why are they even writing to you. Are they bored ?

[citizenB]

Intend, you are actually in an agreed repayment plan with LTSB, yes ?

 

Whilst others might advise not to respond, I would be inclined to pen just the following.

 

"Reference your letter dated ???? .

 

Your letter is rather confusing. I would point out that LTSB agreed a repayment plan, which has been honoured by me each month. My circumstances remain unchanged and I will continue to honour the agreement made with LTS

 

I would also point out that the card was cancelled, again by your client, in 2009.

 

Yours faithfully,

 

etc, etc.

[citizenB]

 

Thanks Brig

[citizenB]

Thanks CB and Brig. As ever I post, I read and I get stronger. Good sentiment Brig. Letter about to be typed - might say circumstances have got worse could you please ask your client if I can reduce the monthly payments. Leaves them with something to pass to the next desk.

 

Intend

 

 

Absolutely, if your circumstances have altered for the worse, then there is no harm in saying so. In fact, it is probably better to do so now than cause more grief for yourself

[citizenB]

Is this account still with the orginal lender and they are simply passing it round DCAs for collection/intimidation ?

 

If so, I would start copying the OC in on the letters you are sending to the DCAs.

[citizenB]

This thread is a little confusing, intend. Can you please update with a summary.

 

Is this thread concerning LTSB loan and credit card or both ?

 

Did you reclaim PPI and on which product?

 

When was the last time you made payments to either account?

 

When were both accounts opened ?

 

If there is a dispute, then what is it concerning ?

[citizenB]

CB

 

Did cover both CC and Loan - CC now sorted - had refund of interest, none being charged payment agreement in force and affordable. LTSB dealt with it well.

Loan - did have an agreement for reduced payments (done before coming to CAG) then out of blue Moorcrap came along (OCT 2010) (six months into agreement)demanding increased payments. Continued to pay LTSB direct for few months to annoyance of Moorcrap. With advice from CAG - sent CCA to them and put account in dispute in Jan 2011 when said client could not provide CCA and have not paid since. Since then seen off Moorcrap, had a couple of letters from Apex and now CSL.

 

Have always said would pay LTSB but they have refused to enter in dialogue. Hope this clears up. No PPI on either to best of knowledge. Advice always taken into consideration.

 

 

Intend

 

 

Ok. Do we know if this has been assigned or are Moorcrap simply collecting on behalf of LTSB ?

 

Regardless of whether assigned or not. If there was an agreed repayment plan in place then I dont think Moorcrap can renege..

 

http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement

 

 

Perhaps you should put the ball firmly back in LTSB's court.. a letter of complaint to the Chief Executive..

 

Simply tell it like it is, SiL hit a bad patch - threw himself on the mercy of LTSB - payment plan agreed - SiL honoured his side of the bargain.

 

You need to point out the poor treatment/harassment received from the various DCAs and remind LTSB that according to the OFT.. LTSB, as are any Original creditor, are responsible for the actions of any 3rd party agency they employ as collectors

 

They have 8 weeks to deal with an official complaint, whereas a letter not headed as such will be treated as a general enquiry and probably used to light their "bonus party barbeque"

 

HTH

[citizenB]

Intend, dont forget to head your letter OFFICIAL COMPLAINT. That way they MUST deal with it within 8 weeks, else you can take it further to the Ombudsman..

[citizenB]

There is a similar regulation for Credit cards.. called "COBs" have a read of the following..

 

http://www.consumeractiongroup.co.uk/forum/content.php?834-Fair-Treatment-for-Credit-Card-Holders-and-Borrowers

[citizenB]

So, the letter from LTSB themselves.. this is just an acknowledgment of your complaint and they will respond within the 8 weeks, yes ?

[citizenB]

[citizenB]

I am sure I have read somewhere on CAG that it is against OFT guidelines to encouncage further debt to settle debt.

 

 

 

True.. they are in breach of OFT guidelines by encouraging further borrowing. IMHO, with the interest rates as high as they are for unsecured borrowing.. then this is doubly wrong. The chances of someone who has a "shot to hell and back" credit rating would only be able to borrow from the likes of PDLs.. !!

[citizenB]

 

Excellent, at least you received a little compensation out of it.

 

BLS are "in house" agency for LTSB - when they make contact, make your offer - request they provide you with bank details in order for you to make payments. You could also point out to them, that you are NOT refusing to pay, they are denying you the right to do so.

 

HTH

[citizenB]

Cheers CB - realise they are in-house. Just rec'd another letter from BLS. Will digest tonight and post up contents for advice.

 

Intend

 

OMG.. dont eat it.. you will get indigestion or something equally unpleasant

 

I issued a claim against LTSB in respect of non compliance of a SAR. BLS had been involved somewhere along the line and the Judge was not impressed at all with their "record" keeping !!

[citizenB]

I think that is a good plan , Intend

[citizenB]

If the original creditor was made aware of any dispute, then they should have passed that information on.

 

If they company is simply collecting on behalf of the OC,then quite frankly it is none of hteir business !!

[citizenB]

A result of sorts then

[citizenB]

Yes, it appears to me that this is what they are after, an admission of liability.

 

IMHO, I would ignore.

[citizenB]

[citizenB]

Nelson Guest are a rent a solicitor.. any letter you send to them will be passed directly to Wescloth and if you were to telephone them, you will discover that you are speaking to someone at... Westcloth.

[citizenB]

Intend, have a read of this thread.. in particular the following posts..

 

320 - 322 - 327 - 336 - 343 - 347 !!