Help needed with LTSB- PPI & Penalty charges reclaiming & subsequent default

[angel17]

Hello everyone

 

A few years ago, this site was fantastic in helping me win back my own PPI.

Regrettably, I find myself in a simialr situation with my Husband's account.

 

1.Lodged a complaint against ppi back in Sept 2009.

Did not hear back at all about this CC although won for the same reasons against two LTSB loans.

 

2. Contacted them back in 2010 to find out what had happened

- said it had become lost in the system.

A new complaint was therefore lodged.

During this time, my hubby was under hospital investigation for throat

- so I did not keep on top of the complaint.

 

3.Contacted them last year to find out what the outcome was .

Was advised that we had been rejected dispite not receiving a letter.

This was at the time of the Judicial review so this was re-opened .

 

4. Recently contacted them to ask whether they have refunded to be told surpise, surprise it was not re-opened last November!!

 

With my husband being poorly, admitedly we have not kept our eyes on this complaint.

 

To make matters worse, a default has been registered on his account last November, which we have just noticed.

No default notice was sent nor will they send a copy.

Dates and amounts that they told us over the phone do not make sense.

 

They state a letter was sent out on the 16/11/11 but the default date is 18/11/11.

Arrears outstanding were £107 with the default balance being £661?

 

Having went through the statements, there is over £200 of charges. The PPI on the card is going back to 2004.

 

Any help on what to do would be greatly appreciated.

[dx100uk]

you can reclaim both ppi and unlawfull PENALTY charges

 

see below

 

dx

[dx100uk]

unless you have all the statements

 

i'd sar them

 

as for the default

i would suspect after 6mts of them marking the cra file no or late/over limit markers

the cra system auto marked it '8' or 'd'

 

so hence, they might not have done it 'as such'

 

however, if can prove the PENALTY charges were the SOLE reason for each 'marker'

then if your reclaim succeeds [charges]

 

then they must remove the default

 

dx

[angel17]

Thank you. YES, the account balance is made up of penalty charges and PPI. The latter though has been going on for too long- is there any letter templates to place the account into dispute. The default dates amounts etc do not make sense, never had a notice of assignment, just passed onto Wescott.

[dx100uk]

have you checked your his cra file?

 

dx

[angel17]

Thanks, yes I have.

The default date states 18th November 2012 for a full amount of £661.

Tried calling LTSB last week and was diverted to their off shore dept- Manilla.

 

They stated the following:

 

Default notice sent 16th November 2011 and defaulted 16th November 2011.

Surely calls are recorded.

 

Am busy complying a formal complaint for LTSB outlining outstanding ppi complaint,

subsequent charges etc.

 

Is there any templates to send a letter asking for a copy of the Default notice and notice of assignment?

 

Thanks again.

[dx100uk]

you wont get copies normally

they only have to 'indicate'n automatic systems that it 'was' sent.

however an sar might help

 

dx

[angel17]

Thanks. What about the dates above- does that make sense.

[dx100uk]

well no but you've no paper copy [yet] so i think manilla got it wrong TBH.

 

if the markers that made the default are solely due to the charges

then reclaim them

and the markers MUST be removed.

 

dx

[angel17]

Hi everyone

 

Lloyds Tsb Customer Relations have advised that they will refund all the charges and the interest. The PPI complaint has not even been looked into yet, but told this is separate. The balance now stands at £500.

 

LTSB state the acount was closed 30th November 2011 and passed onto Moorcroft. Who due to the dispute placed this on hold. This was then passed onto Wescot in May who also placed this on hold and ceased collection activity. Have letters stating that they bellieved LTSB were looking into this. More recently though Wescot state this has been passed onto Credit Secuirities who do not have any record of the account. LTSB state this is with Wescot- so we dont know who this is with at the moment.

 

Have asked LTSB for a copy of the default notice, notice of termination or assignment but they wont send out. Know PPI is separate to this. Is there any way we could get them to remove default with a full and final offer? Not sure if I am getting confused with CCJ's but if after 30 days of the date of the default registering, if you paid in full, this would then be removed. As if this is true, then we did not have an opportunity with the DCA.

 

Any advice on what to do next would be greatly appreciated, thanks.

[dx100uk]

can you prove the charges were the cause of the markers?

 

if so then they must remove the markers/default once refunded

 

PPI reclaim will play not part in that bit.

 

dx

[angel17]

Hi thanks! How could I prove the charges were the cause of the markers? I never received notice but expect going from (statements received lately from last yr) that the amount would have been lower than the total charges amount. Defaulted balance £661 balance now £500.

 

Thanks again.

 

 

can you prove the charges were the cause of the markers?

 

if so then they must remove the markers/default once refunded

 

PPI reclaim will play not part in that bit.

 

dx

[dx100uk]

if the month where markers were recorded,

correspond to month with PENALTY charges

 

are the charges in that individual month the case of the marker [putting you over limit]

 

as for if there is a DN

 

if the total of the DN contains charges, i think it still the case that that invalidates the DN.

 

dx

[angel17]

Yes, the markers correspond to the months with the penalty charges and did take the card over the limit!

 

What would you advise please to send next?

 

if the month where markers were recorded,

correspond to month with PENALTY charges

 

are the charges in that individual month the case of the marker [putting you over limit]

 

as for if there is a DN

 

if the total of the DN contains charges, i think it still the case that that invalidates the DN.

 

dx

[dx100uk]

getting better then.

 

ok if they refund the charges then they must remove the marers as per ICO rules.

 

dx

[angel17]

Thanks. Yes, the charges have been refunded, taken the balance down to £500. Will read up on the rules- thanks. Is there a template letter please to send to highlight this, in addition to the account being sent in dispute to DCA? This account has caused a great deal of distress and inconvenience. Staff that are suppposed to help you- have been rude and unhelpful- no one knows where the debt is now.

 

Thanks agian dx

[angel17]

Just checked cra file- apparently updated 1/7/12 saying current balance is £662 and default balance £661 ? Charges have not been updated yet.

[dx100uk]

there is no such template. afaik

 

just write that now the PENALY charges have been refunded.

 

there are several months whereby my CRA file has reports of over limit.

these months correspond with you refund PENALTY charges

 

i now require these markers to be removed.

 

dx

[angel17]

Thanks again. One thing I dont understand is the account is closed in Nov 2011- why would they update this in July 2012?

[angel17]

Hi just an update on the letters received today:

 

1. LTSB state that the account was closed and passed to CDR on the 16 November 2011. When this was done the default was applied to the account. The default date on credit file is 18th November 2011.

 

2. Last payment April 2011.

 

3. 18th July 2011 default notice, sent stating further action would take place if not brought up to date (DID NOT RECEIVE THIS LETTER- NOR ANY LETTERS FROM END OF APRIL 2011)

However, LTSB do not state any amounts and state that neither a DN nor a copy of my CA going back to 2004 can be sent out!

4. 16th August 2011 final demand letter apparently sent out.

 

5.When a default notice is issued and the account is in arrears at any time in the next 12 months, then they can issue a final demand and close the account.

 

6. The fact that the DD was set up for June 11 and did not collect is not their fault.

 

7. State there charges are fair. However, the second letter received about charges, state that although we have not changed a charging policy we have refunded the charges on the 16th August 2012.

 

8. The account is still with Wescot. Wescot, however, state it has been with Credit Securities since the 3rd August 12. Credit Securities state this is with Wescot- so in total limbo!

 

9. Account was initially passed to Moorcroft on the 30th Nov11 who placed the account on hold whilst they went back to LTSB to investigate. This has been the same pattern for Wescot. We have retained all letters received by these DCA stating the account is on hold and ceasing collection activity- even implying LTSB are investigating the dispute.

 

10. Actually states account has not been update since 6th August 2007, this is not the case and not what the credit file states!

 

11. The case handler asks us to call her, giving us her extension no!

 

I am going to draft a letter based around the default notice including penalty charges and taken us over the limit.In Jan 2011, credit limit was £750 which they reduced to £550 in Feb 2011 after they refunded charges worth £202.00. Payment was made, but then placed charges again on the account. Taking the balance to £570.

 

However, would be grateful for anyone's thoughts on the above and whether these would be relevant in my F+F letter for the removal of the default.

Edited August 18, 2012 by angel17

[dx100uk]

so not all charges have been reclaimed?

 

IMHO you need to put in a reclaim of ALL charges and interest asoc with them

via a spreadsheet [then just deduct the ones they have done so far from your total]

 

when this is completed

 

either demand the defaults/markers a removed

 

or offer the owning DCA and F&F on the strict condiion ALL neg data is removedand the accouht marked SETTLED.

 

dx

[angel17]

Thanks. I think about another £50 worth of charges and interest needs to be refunded. The DCA LTSB state this is still with- passed this onto another DCA at the begining of August 2012. This new DCA don't have record of the account- nor have we received notification from them. The account appears to be in limbo.

 

Thinking of sending F+F to CEO taking into accountd default balance is incorrect as included refunded charges. Never received letters from LTSB- passed onto various DCA ( who placed account on hold- have letters proving this) so did not have an opportunity to address the balance - charges, Will pay the remaining balance ( although does inc PPI) if they remove all adverse markers in the last 12 months.

[citizenB]

Ok,

 

LTSB will not have kept a copy of the DN - IMHO, all the banks should be forced to as this would inevitably prove that they have sent out "dodgy" DNS.

 

From what you have posted.. LTSB say they issued a DN on 16th November 2011 - they MUST by law allow 14 clear days for you to remedy the breach (repay the arrears being asked for) - if you remedy the breach, it is as though the default never happened.

 

Fact - LTSB always send out their DNs by 2nd class mail. They would have had to add on to the 14 day allowance, the time for posting which is 2 business days for 1st class post and 4 business days for 2nd class post.

 

So.. if they dated the DN 16/11/2011 (a Wednesday and assuming they did send by 2nd class mail ) - you would not have received the DN until 22/11/2011 (because of hte saturday and sunday). Therefore the remedy date would have needed to be.. 6th December.

 

If they sent it 1st class post then the remedy date would be 4th December.

 

However, from what you say - they sent the account to a DCA on the 30th November which and placed a Default Marker on your Credit files on the 18th ? Which kind of makes a nonsense of sending the Default Notice in the first place ?

 

Had you been given the opportunity to remedy the breach in the first place, which it appears not so - then a Default should not have been placed. However you werent and they have and I seriously doubt you will be able to get it removed by either paying in full or by a F&F settlement.

 

Probably not the answer you wanted

[angel17]

Thanks for the reply. Originally told over the phone 16th November DN sent out, then in final response was informed 18th July 2011, was the date the default notice sent out. Did receive a copy of last statement dated 13th Nov, with response which said payment to be made by 8 th December. This was a statement though. Account was closed 16th Nov 2011.

[citizenB]

Thanks for the reply. Originally told over the phone 16th November DN sent out, then in final response was informed 18th July 2011, was the date the default notice sent out. Did receive a copy of last statement dated 13th Nov, with response which said payment to be made by 8 th December. This was a statement though. Account was closed 16th Nov 2011.

 

So they issued a DN AND closed the account on the same day ?

 

Where is the time allowed for remedying the breach then ?