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    • We applied for a joint loan for £9000 in 2010 which was secured against our home, in 2012 we were declared bankrupt but because kept our house the loan stood but while we were going through our financial problems we defaulted on the loan. We had then started making payments but with all the interest etc it went past the £9000 we originally borrowed. We got the loan down to £6000 then hubby lost job and we seriously couldn't even afford to pay a penny and again it built back up. The debt is now with a solicitor and now we owe according to them £18000. I have requested from welcome finance every payment we have made, every statement etc they have refused. We are only making payments of £65 a month going to take forever but its also gone to a ccj which should have been removed on Oct last year. We're can I go for help with the dispute over the amount we owe. Thanks Solicitor is mortimore Clarke 
    • Hi Guys,   Looking for some advice - Lowell claimed against me for old mobile debt - I stupidly thought that I had 33 days after Acknowledgment, as you know this is not right - after recovering from Covid I thought I start my defence today only to read that I might be too late I've just checked on line to find the below - is there anything I can do?   Kind regards   Lushni   Your acknowledgment of service was submitted on 04/01/2021 at 10:48:10 Your acknowledgment of service was received on 04/01/2021 at 12:05:37 A judgment was issued against you on 22/01/2021 at 19:16:12
    • ideally we like to get these fleecing DCA's on the hop when threatened with a set aside and N244 fee payment clawback , some do when confronted immediately do it FOC there and then. but as you've already phoned you might have tipped them off, but then you had no idea when you were talking about now you do.   your call   dob't forget also the damage done to your credit reputation by them raising the claim on an SB debt when they know they shouldn't.   just remember, if you read a good few erudio threads here, they only went for the CCJ as they knew they'd get a guaranteed backdoor one if you'd known about it and defended they would have run away as they always do on these SB'd SLC loan 
    • with regards the card, did you send hoist a CCA request? as for the defaulted date, if a creditor took several months from last payment date to register it, there is most certainly objections to that that can be made should they raise a court claim and these have been successful for us.   as for the OD, again if months or even years have been allowed to elapse before it gets a calling in notice, then again there are objections we've seen and used to very good effect.   send lloyds an SAR and prepared.   the OC would have defaulted these not the DCA debt buyer on or before sale.   where was the Letter of claim and was that simply for the Card debt.    
    • I have the last ever deferment acknowledgement letter from SL ever made and received if that helps.    Rather than call, would it be better in writing? I find them very intimidating on the phone and went to pieces last time after waiting in the queue so long.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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      • 31 replies

Help with Lloyds TSB PPI (Asset Card)


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I have received a reply from Lloyds asking for a signature in order to process the request. (The cheque used for payment was from my partners bank account, so obviously its not on there.)

 

Is this required for a SAR or are they trying it on?

 

They do give me the option of going to my local branch with some form of ID to collect it instead though!

 

Which is best?

 

MP.

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branch if its not miles away

however there is no harm in signing the request

its not as if its them after YOU.

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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branch if its not miles away

however there is no harm in signing the request

its not as if its them after YOU.

 

dx

 

 

dx

 

 

Branch is only about 1 1/2 miles away in town so not very far at all.

 

I already have the credit agreement for this account anyway and it already has my signature on it, so it's not as if they might lift it!

 

MP.

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  • 1 month later...

Well by my reckoning the 40 days are up and still no SAR!:-(

 

Will the fact that they returned the request to ask for a signature have reset the clock, or is a signature not mandatory?

 

The cheque has been cashed by the way.

 

MP.

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  • 3 weeks later...

Fuming!!!:-x:-x:-x

 

I have received a letter from Lloyds TSB stating that because I no longer have any active accounts with them, they cannot send my SAR documents to my house.

It must instead be sent to a branch of my choice where I must show some form of ID to collect the parcel.

 

In their previous letter they gave me either option, and I decided to sign the acknowledgement form in order to receive them through the post.

 

Also, to see if they "used" the signature for anything else.

 

This SAR request is now really overdue, yet Lloyds dont seem to care that they are in breech of the Data Protection Act.

 

Are there any requirements that if an account(s) is no longer active, then SAR documents cannot be sent through the post?

 

I've had other defunct accounts sent through the post, so why not this one.

 

I do not want to go to town and collect the parcel, I want it sent through the post.

 

Any advice as to a suitable reply letter?

 

Thanks,

 

MP.

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Bump.........

 

Is there anything within the Data Protection Act which states that if an account is no longer active, then documents from a SAR request must be collected from a bank branch with some form of ID?

 

MP.

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no but it does happen

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Bump.........

 

Is there anything within the Data Protection Act which states that if an account is no longer active, then documents from a SAR request must be collected from a bank branch with some form of ID?

 

MP.

 

 

Not as far as I am aware

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Thanks for your replies.

 

This whole thing is getting beyond a joke now.

My initial SAR request was sent to LLoyds in December which went missing in the post.

Now this one has gone well past the 40 day mark, yet Lloyds continue to play games.

 

Surely if this was Lloyds policy, then when they asked for my signed authority,

they should have also made it clear then that this was the case.

 

But no, they gave me the option of having it sent to me at home.:???::???:

 

Can I force them to send me through the post?

 

MP.

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Not sure you can force them...they may just carry on playing silly billies.

 

Why not arrange to pop into a branch and get it....might save you a lot of time and grief.

 

As an added extra, lodge a formal compliant with the ICO about it too.

 

i s

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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I know where you are coming from. It would be easier just to collect it in branch. It's just the principal of the matter.

 

I've been reading up on ICO complaints. It seems they always try to get you to resolve the dispute with the company first before making an official complaint.........Hmmm LOL

 

MP.

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  • 2 months later...

Well, after many months I finnally have all my SAR documents, all 750 or so pages of it!!!

 

Most interesting reading I must say.

Looks like this account will run into the tens of thousands of ppi refund if I am correct and subsequently successful as the account was started in 1999.

 

It also turns out that they have officially written the account off in October 2011 citing "unenforceable CCA" as the reason.

 

This seems to back up the fact that I haven't heard anything from either LTSB or any DCA this year.

 

So now that question:

 

Do I let sleeping dogs lie or go for the ppi?

 

I've not done any full calculations yet, but I rekon that they owe me at least double the outstanding balance on the account.

 

In another twist, I've also found ppi on a loan I took out in 1998, yet I thought it did not have it attached.

 

Obviously added it without my knowledge! No CCA or anything, just screen printouts from when the loan was approved entitled "fixed term loan with insurance".

 

I feel another letter coming on!!!!!!!!!

 

MP.

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the PPI will all be yours

 

GO GET 'em

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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How do you think the best way to go about this is then?

 

As already stated earlier in the thread,

LTSB have already rejected my initial PPI claim,

as have the FOS,

with the main reason being that the application form stated the ppi was optional.

(Even though I never filled it out, the sales adviser did).

 

Do you think a fresh prelim letter to LTSB along with a SOC, then following up with an LBA?

 

My concern with this is that it will be well over the £5,000 small claims limit, so i'll be liable for costs if I lose.

 

MP.

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  • 1 month later...

Had put this on the back burner due to other commitments, but need some advice here please.

 

I've just received a notice of assignment letter from Lloyds and 1st Credit ltd which states that the account has been "assigned in all of its respective rights, title and interest" to 1st Credit.

 

The letter also includes a standard 1st Credit introduction letter asking for the balance in full etc.

 

Now I know 1st credit can be aggressive as i've had dealings with them in the past, so what is my best option now?

 

The account is still in serious dispute with Lloyds for the ppi and not having a valid cca or original t's and c's, so can they legally sell it on?

 

Also, who do I now chase the ppi for, as the letter seems to state that 1st Credit are responsible for all such enquiries?

 

Thanks in advance,

 

MP.

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nope PPI to the OC always

 

your case is rather like another on here a while back.

 

did you tell theses muppets that the sales advisor

filled the form out?

 

as for wetcloths

 

ignore them.

 

tell them gladly see you in court as the balance is all PPI

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

Its not Wescott now, they were defeated a while back. 1st Credit have now bought the account according to notice of assignment.

 

Not told them anything about the initial ppi sale yet, only got the letter this morning. Will get an account in dispute letter drafted to them tonight.

 

As for Lloyds and the ppi, given that the FOS rejected my complaint, do I dive straight in and file a Court claim, or do I go down the prelim, LBA then Court route?

 

You dont have a link to the similar case do you? What was the outcome on that one?

 

MP.

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no i cant remmber

 

pers i wouldn't bother keeping up letter tennis now

how many dca's have had it

 

as for the PPI

 

have you got a copy of the agreement?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The account has been passed around 6 DCA's up to now, plus Lloyds internal collections.

Iqor, Wescot, Allied, Robinson Way to name a few.

All returned to Lloyds when I reminded them of the disputes.

 

1st Credit are the only one's to have purchased the account though.

This is the only NoA received so far.

 

I have a copy (poor quality) of the original application form, filled out by their sales advisor,

with me only signing and dating the bottom.

PPI box ticked by the advisor also.

Original terms and conditions were on the reserve,

but are unreadable and missing the key prescribed info.

 

PPI terms and conditions were sent out to me some 4 month after the account started

and after the initial cooling off period without penalty had elasped for cancelling.

I still have the original copy of these from 1999,

but Lloyds no longer have a copy of them. (Or at least they never sent them in the SAR).

 

I argued with the FOS that this also amounted to misselling as I wasn't given all the required info when I signed the agreement,

and wasn't aware that I could actually cancel the ppi.

 

They said that when they eventually arrived I should have realised then,

but TBA I never actually read through them fully with it being so long after the sale.

Plus I wasn't expecting to have been diddled by the bank anyway when they had said the ppi was compulsory,

so never even gave it a thought! Just filed them away.

 

MP.

Edited by makkapakka69
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right well i'd not bother playing letter tennis with the dca's anymore

prob part why you still get letters...dont pull the dogs' tail...

 

now the PPI.

 

i have one like yours [mine s 26yrs old]

 

whereby under their 'resonable approach' the FOS Omb s says the same thing.

 

how can i possibly remember after 26yrs !!!

 

TBH i fnd that insulting.

 

you CLEARLY remember that the rep ticked the box

you clearly remember not wanting or being told you must have it

or being 'led to believe' you would nt get the credit without it

 

the bottm line here is it was a commission sale by the rep...nice little earner huh!

 

i think it is very poor for the FOS to judge on what p'haps people do/do not remember

 

i's right back

clearly stating the box WAS ticked by the rep

the rep said i must take it out

PROVE otherwise.

 

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Right, thanks dx.

 

I'll start drafting up a new letter to LTSB.

Is it wise to include a SOC with the letter or wait for them to reply first?

 

They have only sent statements back from 2000 until default in 2008 with the SAR, but none from 1999.

 

Haven't totting up the amounts yet, but it will be quite a sum with interest on top.

 

Out of interest,

how did your case go, or is it still ongoing?

Did you end up going to court?

 

MP.

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As an aside, does a Notice of Assignment need to be sent recorded delivery?

 

MP.

 

no its a worthess bit of paper.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Right, thanks dx.

 

I'll start drafting up a new letter to LTSB.

Is it wise to include a SOC with the letter or wait for them to reply first?

 

They have only sent statements back from 2000 until default in 2008 with the SAR, but none from 1999.

 

Haven't totting up the amounts yet, but it will be quite a sum with interest on top.

 

Out of interest,

how did your case go, or is it still ongoing?

Did you end up going to court?

 

MP.

 

only got my letter thursday after 3yrs of waiting.

 

as for the PPI months you dont know

use an avg of what you do.

 

did you ever send the FOS CQ in?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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