Robinson Way hassling mum on dead dad's 1998/99 joint loan with Lloyds TSB

[nish40]

After some advice for my mum. Shes 71 and getting a lot of hassle of Robinson Way.

 

About 1998/99 my dad took out a joint loan with Lloyds TSB (was just TSB at the time).

My dad passed away suddenly in 2001 and my mum was left with the task of sorting bills out. For years she paid Robinson Way each month amounts started at £10 and worked there way up to £28 currently. She was paying TSB but when they merged with Lloyds they passed it on to the Robbers.

Now, I have found out about this, only because I was at my mums, and answered the phone and they called for a payment, and started to call me by my dads name.

I complained to a manager, then went mad at my mum for not mentioning this. They said they would contact Lloyds to get my dads name removed off all data and put the account on hold.

In the small timescale of a week, my mum has had rude RW staff demanding money, and saying that the account is in arrears and is now up to £34 a month. I told them to do one. I asked for an address to send the SAR to, and they were not helpful, in fact when im not here they were ringing to get payment.

I have now made them delete my mums number threatening them with the OFT. They have done this, but 4 letters in the space of 3 days have landed now.

I am about to send the SAR to Lloyds TSB, but my mum is still worried.

I believe my dad had insurance when he died, and although it is in place, as was admitted in the early days by TSB they say my mum has to pay it on the basis she is the secondary signature.

I know there is a good chance any agreement from 1998/99 will be unenforcable due to maybe being improperly exocuted, but can anyone shed any light on what I should look for on the paperwork to clarify such. Many Thanks

[Stigman]

Hi Nish,

 

First of all you need to instruct your mum that if RW call again, for her to stay "in writing only" and hang up.

If RW have either your mothers debit/credit card number or a direct debit, these need to be cancelled immediately.

Send RW a letter telling them that your a requesting information from the original creditor (SAR) and therefore the account is to be placed on hold.

Don't worry about the letters of court this and court that, they are a private limited company and have no power of your mother.

Send the SAR, it takes 40 calendar days approx. and dont forget to include the £10 postal order, a SAR letter is in the templates section.

Please update as anything else happens

Stigman

[rebel11]

Hi nish

 

There's information in my signature (1) (2) (3) (4) and (5).

[nish40]

Thanks very much. The SAR is on its way and i will keep you updated. Thank you again.

[nish40]

Hi again.

 

Right, I sent Lloyds TSB the SAR On 4th April. On 13th April my mum received a letter from Lloyds TSB stating they had the SAR request, but could not fulfill the request as they had not received the £10 P.O. but then went on to say when it is ready she will have to go to a branch to collect when notified as she is no longer a customer and they cannot post it to her.

Now, I wrote to the Post Office, and had a reply back stating the P.O. was banked on 13th April (same day they wrote to say it was not received). The P.O. was banked so does not show the recipient, but as the SAR and the P.O. were sent together, it was proof they had received it and the Postie said that Banks usually cash through a system anyway so it wont show at the Post Offices end who cashed it.

 

40 days was up on Friday 13th unlucky for them and still no SAR or notice to pick it upl. I am writing to Lloyds to state they have banked the P.O. but would like to know what to do next.

 

My mum has paid Robbers Way £464 to date and I would like to pursue a refund. Is this advised and can she get one? We always believed my dad was covered by Insurance, and after he died my mum was told her name was first on the loan documents, and she was the one covered by the insurance, funny considering she only worked on school crossing patrol and picked up £35 quid a week.

 

Thanks

[brokebutnotbeatn]

Go for the jugular. Raise a formal complaint through Barclays. You can do this by going into a branch and they'll raise it on the computer as you speak. The insurance thing is complete nonsence by the sounds of it.

[Bazooka Boo]

The £464 your Mum has paid to robbersway, will be lost IMO, and it will be easier extracting teeth.

 

All you can do, is to cut all ties to Robbersway, lodge a formal complaint with the bank and exhaust their complaints procedure and then escalate the complaint to the FOS, if your Mum has given the bank or robbersway her card details, then she should immediately cancel the card, and if she banks with the same bank then she should vote with her feet and open a new account.

 

Complain to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

If they are harassing your Mum by phone calls, then report them to the Police for the CRIMINAL offence of harassment.

http://www.legislation.gov.uk/ukpga/1997/40/section/1

 

I am sick to the back teeth of these clown outfits exploiting the vulnerable people in our society, especially muppets such as these!!

 

Keep everything in writing, NOTHING financial should ever beg done over the phone, if they ring in future, simply respond "everything in writing" and hang up.

[nish40]

Cheers for the help guys, I will get onto it straight away.

One thing, why Barclays to complain? will they take a complaint against Lloyds TSB? Thanks again

[Bazooka Boo]

No complain to Lloyds! Send them a letter before action (LBA) and tell them that they have failed to comply with your SAR, and they have cashed the PO, therefore, they have a further 14 days in which to supply you with the details of your request or you will escalate this to the ICO for investigation.

[brokebutnotbeatn]

Sorry - my fault - I had Barclays oin the brain and was multi-tasking. LLOYDS - strike out all mention of Barclays!

[Bazooka Boo]

Not to worry, I'm on the go slow today also, someone fed me a bottle of wine last night and it's affecting my elbows?

 

Robbersway can go play on the Motorway, don't deal with them at all.

[nish40]

Right cheers guys. I will get the letter ready over the weekend and send it, will let you know what happens.

[creditcardmug]

Completely agree with bazooka in $7, robinson way are idiots anyway and easily dispatched, please dont worry

[nish40]

Hi again,

 

Thanks for all the help earlier in the thread, now I need some more advice pleaseeee.

 

OK story so far, I wrote to Robinson Way explaining I had sent the SAR to Lloyds TSB and that after 40 days had passed, no SAR.

As advised, I wrote to Lloyds TSB to complain, and heard nothing.

Now today my mum received 2 letters, first a statement for 12 months payments up until April when we sent the SAR and stopped paying, another from Credit Security Ltd demanding payment.

CSL letter has all the usual doorstep collection and immediate payment Bumpf, but what has annoyed me, again, is the fact they have included my dads name, and he passed in 2001. Lloyds were told to delete his name, so were Robbers Way.

 

In honesty, and surprised somewhat, but RW held on the account un til the 41st day, and then wrote and said they will not be in touch until the SAR request has been fulfilled. But it seems now Lloyds TSB have passed the account on to CSL.

Firstly what can I write for CSL to take note that no SAR was received, and proof of cashing of the PO has been obtained by us, secondly, what can I do about putting my dads name again on the paperwork. Thanks in advance.

[Bazooka Boo]

Please give this a bump tomorrow so I can give it more "attention".

 

Been away for a few days and still trying to get back on track.... these are easily despatched...account in dispute to the new morons chasing for money, LBA to Lloyds giving them a further 7 days to comply with your lawful request the a formal complaint to the ICO for their non compliance for which they should receive a hefty fine!

[nish40]

Sorry for the late reply Bazooka, I have done the above, will let you know what comes back.

Thanks for the help, much appreciated.

[nish40]

Hi again,

 

My mum has had a letter from Lloyds, saying they are sorry, they did not realise she had sent a payment of £10 for an SAR, and they thought it was payment off account.

They say they will send it, but want a signature. I have told my mum to sign nothing, and that the address written to should be proof enough of your identity. Is this right?

Also they are asking, what info she wants, I said all, nothing missing, including signed docs.

They say as phonecalls are hard to trace, they need to know which transcripts she wants, again I said ALL.

 

Thanks guys.

[BRIGADIER2JCS]

Look at the template letters

in the CAG library they will

spell out all the documents

you require.

Please be aware that they may

not provide copy agreements as

these are covered by the provisions

of CCA1974.

[Bazooka Boo]

Signatures for this that and the other is purely stalling tactics on their part, there is ABSOLUTELY NO LEGAL requirement for ANYONE to sign anything, tell these clowns to go play on the motorway, fools.

 

If they fail to comply with the SAR within 40 days of your request then remind them that they have a 'legal; obligation to provide this information or they will be reported to and investigated by the ICO.

 

And if these clowns still harp on about signatures then remind them of this!

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

[nish40]

Thanks Guys, I have written to them and used ideas from the templates, and Ill see what the idiots come back with.

[king100]

Report them now, they are just stalling!!!!! Oh I didnt realise this and that utter b*******.

[BRIGADIER2JCS]

Report them now, they are just stalling!!!!! Oh I didnt realise this and that utter b*******.

It is usually best to exhaust all avenues to solve

the problems before making complaints, the

regulators are there as final arbiters, as with the

courts they like to see that you have tried to settle

the dispute before resorting to them.

[nish40]

Hi Guys,

Sorry its been a while, but had no news on this till recently.

Okay, got the SAR back on Friday regarding this issue with my mums loan. Opened it up, and was not surprised what was in there.

The package was quite thin, and I asked for every last bit of Information they hold on my mums name, including Agreements and Insurances etc.

In the SAR, there is no agreements, no insurance docs, nothing signed at all. They have sent what is supposed to be telephone transcripts, but all they are is screen captures of a page with my mums details on, no info whatsoever.

There is, however, a statement page, showing who the DCAs they use are, and who and when the debt was transferred to them.

The statements show my mum paying to Robinson Way and TSB themselves only since 2003, The statement also reads the initial loan was taken out in 1998.

When my dad died in 2001, my mum paid every month what she could, without notice, TSB just gave Robinson Way the account.

 

There is a document from 2001 showing payments to account with no arrears but no names on, and does not go any further back than March 2001

 

The statements do not mention my dad at all, and do not give fugures from 1998, just from 2003.

In a nutshell, my mum had paid TSB and Robinson Way with no evidence making her responsible to pay the amount outstanding.

 

Two figures also mentioned when passed to RW are Working balance of £2,411.00 and Loading balance of £3,926.93 (what are these?).

 

There are no letters of correspondence or nothing, just what has been paid since 2003.

I have written to Lloyds TSB and asked them to confirm the following:

 

1/ Does the SAR hold all the information they have relating to my mum. If it does please confirm in writing within 14 days.

 

2/ If there is any documentation missing, why have they witheld it, and it is a criminal offence to do so.

 

Have I done the right thing on those points above?

 

I checked both letters I sent, the original SAR letter, and the one sent later when they asked what information I was requiring, and in both letters I stressed I wanted every piece of documentation. Agreements for loan and PPI. Any Correspondence made in writing during the time my parents held the accounts with them. All statements, any NOAs to third parties, and telephone transcripts for the duration my parents held an account with them.

 

Can anyone help on what to do next. Thanks for the help.

[BRIGADIER2JCS]

Hi Nish, I'm not surprised there was not an agreement

supplied, as they are not obliged to do so as such a

request is covered by CCA 1974, and should be obtained

under that act.

As to statement etc., write to the compliance manager,

state that you consider that the SAR is incomplete, add to this a CCA

request for the agreement, send £1 postal order for this.

Brig.

[kurvaface]

Am I missing something here?

 

1) Have you done a CCA request? If there is an agreement, this will show a copy of the original agreement or true likeness of - if one exists at all...

 

2) Send them a notice instructing them to communicate only in writing, if they phone it will be deemed harassment and you will use the Protection from harassment Act 1997 to not only make a criminal complaint but also to seek compensation from them for the distress and inconvenience caused. Make it clear you will hold them responsible for the actions of their agents.(DCAs etc)

 

3) Make a complaint to trading standards under Consumer Protection from Unfair Trading regulations 2008. Get a reference number and quote this in all correspondence with the bank. trhey will think twice about taking the p*ss when they know you are copying others in on all correspondence.

 

4) Have you checked the credit file with Experian or Equifax?

 

5) If you belive that LLoyds is withholding data, send them a Section 10 Notice instructing them and their agents to cease processing data until they resolve this dispute.

 

6) Finally, throw a curve ball...ring the LLOyds Press Department and state that you would like to arange an interview with them and local media and some national media in Branch to discuss why it is that they are using harassment to bully an old vulnerable widow into parting with much of her small pension. Believe me....this works just like an overdose of laxative and get things moving at lightening speed.