OH's Old Lloyds Loan - prob SB'd

[penmarine]

Hi troops

got a letter from SCM solicitors today for one of the OH's debts that is currently in dispute due to missold PPI and lack of credit agreement.

 

It's been passed on from AIC to SCM (I know they are all part of LloydsTSB from some of the threads I've read).

They bang on about pay up in 7 days or else.

 

I've put the following together to send back to them as my 7 days was up today, when I got the letter not that I'm bothered about the deadline, as they aren't in regard to anyone else's requests.

 

here is the letter, if someone could have a look, should I put anything else in it or ok as it is?

 

Thank you for your letter dated DDMMYY, the contents have been noted.

 

This account was passed to AIC UK Ltd (a collections department of LloydsTSB) by your client originally. On DDMMYYI made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the DDMMYY, AIC UK Ltd failed to comply with my request, and as such the account entered default on DDMMYY.

 

On the DDMMYY a claim for mis-sold PPI was submitted to LloydsTSB for the above account number. This claim was signed for on the DDMMYY. As per LloydsTSB’s complaint procedure, they have 8 weeks in which to respond to the complaint and subsequent claim of a full refund totalling £0000.00. To this date I have received no such suitable reply. Until the complaint is dealt with to my satisfaction this account remains in dispute. As the account is firmly in dispute, legal proceeding and any debt collecting activities are to cease until a resolution is reached.

 

As SCM solicitors are also part of LloydsTSB banking group, I do not expect to hear from you again until this matter is fully resolved. Any further harassment via letter or telephone will be reported to your local Trading Standards, the Law Society, OFT, FOS and my local MP.

 

Yours faithfully

 

Mrs Penmarine

 

Ta PM

[ScarletPimpernel]

Just a quick note - AIC aren't part of Lloyds TSB.

[penmarine]

Just a quick note - AIC aren't part of Lloyds TSB.

 

Cheers SP, from reading I thought they were, and off my SAR request it has them down as in house collectors. I'll take it out anyway to be on the safe side. Ta PM

[penmarine]

Evening all, got a reply from LTSB in regard to unfair bank charges and basically got rodded off. I've attached the letter I got, that was addressed to me???? when the account is in the OH's name??? Should I go straight to OFT for the complaint as I have two in for the wife and they amount to nearly 9 grand, more than enough to pay off her disputed loan and overdraft that keeps building. Or is the letter pukka and I've got more chance of peeing in the wind, even if I complain to the OFT?

 

http://i783.photobucket.com/albums/yy115/penmarine/scanltsb10001amended.jpg

http://i783.photobucket.com/albums/yy115/penmarine/scanltsb20001amended.jpg

Thoughts appreciated.

[Bazooka Boo]

OK so they have said if they don't hear from you in eight weeks they will close your file, I don't see anywhere a mention of what to do if you don't agree with their standard letter template. Should be the FOS.

 

How did you word your letter asking for them to refund the charges? It's been so long since I used the templates for bank charges that I can't remember which one it was, although I do know it had to be worded differently since the ruling they are reffering to happened.

[penmarine]

Alright BB, I sent them the following template letter (for 2 seperate accounts charges letters):

 

LloydsTSB

Customer Care

125 Colmore Road

Birmingham

B3 3SF

 

Dear Sir or Madam,

 

Account number: 112333343

I am writing to request that you repay all the charges in relation to direct debits, unauthorised overdrafts and standing orders that have been applied to my account since ddmmyy.

 

By issuing me with these charges I feel that you have broken the FSA’s regulatory principle to ‘pay due regard to the interests of its customers and treat them fairly’. I am also claiming a refund of the fees for the following reasons:

 

I believe the fact that I have been incurring bank charges goes contrary to the aims of the Lending Code (Section 9) and Banking Conduct of Business Sourcebook (section 5.1.4 ‘in particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty’), and previously were contrary to the Banking Code. My personal situation has been affected by the charges leaving me in financial hardship in the following ways:

I couldn’t pay for daily necessities due to bank charges on nearly a monthly basis being placed on my account. The income that I was paid was continuously being used to repay charges for example being asked to pay £30 of charges for a returned cheque of £19.30. My payments regularly got returned unpaid due to not having enough money in my account as reflected on the banks charges break down attached.

 

I’d also become a single parent in early 2000 and was struggling to make loan and mortgage repayments due to the drastic drop in household income. On occasion I was days away from having my house repossessed by bailiffs, due to a lack of money being in my account because of charges that had been levied. Having to balance bringing up a child, providing a home and secure environment whilst trying to pay for charges that took money away from my daughter’s upbringing. There was many a month were I would go without food so my daughter could eat and be clothed as there was not enough money in bank, as it had been taken away in excessive charges.

 

Even when I re-married in 2005 the process of being charged on a regular basis by the bank pushed me further into hardship by paying interest on levied bank charges that took me over my overdraft limit on numerous occasions. It was not uncommon for me to have atleast £500 in bank charges in one year, pushing me further into financial hardship. Because of this the bank charges have made my situation of financial hardship materially worse.

 

There has been on many occasion where the bank charge did not represent a fair or disproportionate amount for example being charged £30 for a returned cheque of £19.30 or being charges £27.50 for going into an unintentionally slipping my overdraft limit by £2. I feel that the offence did warrant such a penalty.

 

I felt, I was stuck in a never ending spiral of receiving charges on top of charges. I was stuck in a trap and was unable to break the cycle of this happening as charges, daily and monthly fees were eating up my wages as they were paid into my account. This leaving me normally, with little or no money at all for the following month.

 

The charges total £ 0000.00, plus as I believe I have been unfairly deprived of the money I have calculated £ 0000.00interest at the statutory rate, the amount a court would award and I ask that you repay me the full amount of £ 0000.00. I have attached a full schedule of the charges with this document.

 

I look forward to a full response to this letter within 14 days and if I do not receive a satisfactory response I intend to pursue my complaint to the Financial Ombudsman Service or small claims court at the earliest opportunity.

 

Yours faithfully,

 

 

This was the template I found with reasons why? I've changed the circumstances from template paragraphs that were options and put in relevant information. As it stated that if the complaint goes to FoS they look more favourably on personal circumstances and not quoting the law. If you know of a better template could you post the link and I'll just send them off again. Cheers PM

[Bazooka Boo]

I have not seen that one before PM, hopefully that will do the trick?

Alternatively,

Dear Lloyds TSB,

GIVE ME BACK MY MONEY! OR 43% OF IT AT LEAST!!!!

[penmarine]

Hi BB, that was the letter I originally sent, they chinned me off, so I don't know which way to go next?

 

Try a different letter quoting the law or just send the OH's complaint to the FoS or OFT (not sure which one, as LTSB didn't tell me who I could complain to further if I wasn't happy as per the reply letter they sent me) and see what they say. It was said next to the template the FoS prefer personal reasons when a bank charges complaint is submitted and not a bog standard letter quoting the law, hence the personal circumstances. Any thoughts, as I'm quite happy to stop replying to LTSB when they write letters and wait out the next 5 years until they are all SB'd. PM

[Bazooka Boo]

MY initial thought is that you need the bank to state that they have investigated your complaint/query and do not agree to it and that as far as they're concerned the matter is closed, or they need to send you a deadlock letter, which is pretty much the same thing, they have looked into your claims, they won't budge, this is what you should do if you disagree.

Well clearly you don't agree, so it might be worth asking them if this is their final view on the matter as you wish to escalate your complaint further, this might prompt them again to look into it first.

[penmarine]

Morning BB, I'd thought that so I'd prepped this last night, its going off today. Might even look down the Data Protection Route seeing as they like sending personal letters addressed to me (instead of the OH who actually owes the accounts).

 

Your Reference – lloyds are pish

Thank you for your letter dated DDMMYY, the contents have been noted.

 

I note that you have decided to send a standard template letter as a final response to my complaint of a refund for unfair banking charges. On the date of receipt of the complaints (I sent two separate refunds of unfair bank charges complaints for two separate accounts) that I sent Recorded Delivery to the Customer Care department at Birmingham, they were passed to yourself. Can you confirm that the above reference refers to the following accounts and unfair banking charges that have been placed against them? As your reply, does not quote any account numbers. The account numbers for which my complaints for refunds of unfair banking charges are as follows:

 

ACCOUNT NUMBER ONE

ACOUNNT NUMBER TWO

 

Your response does not fully explain your decision by merely quoting the outcome of a Supreme Court case on the 25 November 2009 involving the Office of Fair Trading.

 

As for considering your unarranged overdraft fees as to be fair, I request a breakdown of how much it costs LloydsTSB to process individual charges for unarranged overdraft fees, returned direct debits, returned cheques, returned standing orders and service charges. This will allow me to gauge the cost to LloydsTSB for processing a £30 banking charge on a returned cheque of £19.30 as one of many examples. A schedule of refund of banking charges was attached to both original complaints sent.

 

As my complaints for refund of bank charges was not solely for unfair banking charges for unauthorised overdraft fees, I believe you have not investigated my complaints fully, if at all.

 

Consider this letter as authority that my two original complaints with LloydsTSB are still fully activate and will be until a suitable settlement is reached in regard to a refund of banking charges.

 

Another complaint that has now arisen from your reply on the DDMMYY, is the fact you addressed your reply to my husband. My title is Mrs PENMARINE and not My Husbands title, I do not currently work, I am certainly not in the Put the fire out brigade and my husband has never had a LloydsTSB account. So why did he find himself opening a letter clearly intended for myself with my personal data inside. This is not the first time LloydsTSB have managed to send my personal information incorrectly. This lack of simple administration leads me to believe that LloydsTSB are not fully competent, at even the simplest of administrative tasks. There are laws which even banks are beholden too, that being the Data Protection Act 1998. If my personal mail is received again by anyone else other than myself, I will take legal action against LloydsTSB for breaches of Data Protection.

 

I look forward to a full and final response to this letter within 14 days, if I do not receive a satisfactory response I will pursue my complaint to the Financial Ombudsman Service or small claims court at the earliest opportunity.

 

MRS PENMARINE

 

I think this is too the point, and hopefully I'll get a final response. PM

[Bazooka Boo]

ICO would be the one to deal with incorrect data and info going to your OH rather than you...so not only do you wish to escalate the matter to the FOS if this is their final response, but you will also forward a complaint to the ICO for investigation also.

[penmarine]

Hi and happy new year everyone, just wondering if anyone can point me in the direction of any example FOS complaint templates for claiming back bank charges and unauthorised overdraft fees going back to 2000. I've looked on the relevant forums for LTSB, FOS etc but just cannot find one at all. Could only find a FOS complaint in regard to DCAs, it had loads of legal/consumer right references but I cannot find anything like that for bank charges. I've completed the form but it only relates to what I've put in post 171 "with please tell us what your complaint is about" on Page 2. I've had a final response for the other half and want to get it away before my time runs out. Cheers PM.

[Bazooka Boo]

Sorry I don't know??

[Bazooka Boo]

Slowly slowly catchy monkey.....if they do decide to continue sending deforestation to you whilst your on ops, then your OH will get all the support she needs on here, so no worries there..

[penmarine]

Hi Caggers, been away for quite a while with work.

 

Just a quick query the wife has since I've been away had letters from Robbers Way for a LTSB account and overdraft fees passed to them.

 

I put in account in dispute letters for all her accounts for LTSB and went to claim back unfair banking charges going back nearly 10 years.

 

Which got knocked back by LTSB and the FOS.

 

However we have got in a PPI claim with the FOS and we are still awaiting a reply from the FOS (not expecting a decision anytime soon either), but i refuse to pay anything for any LTSB debt until the PPI claim is resolved.

 

As it was a current account that was sent to Robbers Way should the wife have been sent anything to say the debt had been passed over.

 

As LTSB have not bothered her since I wrote saying they wouldn't get any payment until the PPI was resolved.

 

She has also had letters from LTSB saying please contact us you can use your bank account again, which I told her not to and she hasn't. P.S. she is not working now either and I cannot afford to pay for all the debt on my own anyways. Ta PM

[Bazooka Boo]

Welcome home PM, nice tan??

 

OK, the O/D and current account that robbers way have, are they claiming for them individually or have they lumped them both together?

 

What charges are on the O/D and current account? Whilst LTSB and the FOS might not have upheld your claim I would only pay the actual amount borrowed and then ignore the charges they have added on top.

 

Yes LTSB should have informed you they were passing it to the hilarious laughable robbersway to deal with, things are clearly desperate in the banking industry if they have to resort to using these clowns!

 

So if you received nowt from LTSB then robbersway can be ignored.

[penmarine]

Hi Caggers, quick question. One of my PPI successes for the missus was against LTSB with the refund of PPI we paid off other various debts (at a reduced rate). The loan in question had and still has a balance of 6k for which we haven't paid anything for a couple of years now. Now if the better half got a 3k refund should the outstanding balance not be lowered to reflect this? As technically the 6k outstanding wasn't what she actually owed them in my eyes. Also this debt shows as settled on her Credit file with LTSB, but has IQOR chasing it on their behalf!!! Confused.com PM

[ims21]

If you received a cheque for the refund then the account to which it relates still has the same balance.

 

So if you owed £6k pre the refund and the refund was paid to you by cheque then the balance is still £6k.

[penmarine]

Afternoon Caggers, LTSB have passed the above outstanding debt onto IQOR who a couple of weeks ago wrote and said they could offer a substantial discount to clear the owed money. I thought if they are offering such a big discount I'd ignore them, as quite a few people recommend on here. They have now passed the amount to a solicitors called GPB with the usual we are working on behalf of, you have 10 days etc, if no correspondence is received we are likely to take you to court. Has anyone ever had or heard of GPB, I know of IQOR and are LTSB "likely" to instruct IQOR to take the better half to court over the outstanding amount and I would have thought they'd have taken the refund straight off what was outstanding on the loan. It just seems a bit fishy to me that there's no default on the better half's credit report and that its showing as settled by LTSB aswell. Thoughts appreciated before I start down the monthly agreed payment plan with them. PM

[ims21]

If your CRA file shows as settled then it appears Lloyds have sold the debt.

 

Have you checked lately to see who's name appears next to the debt now?

 

Although you have had the PPI refund on this account, are there any charges to be reclaimed?

 

Was the threat letter full of "Might", "Maybe", "Could" etc?

 

The word "Likely" is a good hint that these are threats rather than "Will"

[renegadeimp]

said they could offer a substantial discount to clear the owed money.

 

Time to ignore them.

[penmarine]

Morning Iqor say they are chasing the debt on behalf if the OC (Ltsb) so I don't see how they can have sold it on.

If your CRA file shows as settled then it appears Lloyds have sold the debt.

 

Have you checked lately to see who's name appears next to the debt now? I'll get the Missus to check her cra again, the last time was June.

 

Although you have had the PPI refund on this account, are there any charges to be reclaimed? On the charges I will have to have a look at the fast paperwork but I'd think there are any charges to be reclaimed from what I remember.

 

Was the threat letter full of "Might", "Maybe", "Could" etc?

 

The word "Likely" is a good hint that these are threats rather than "Will"

[renegadeimp]

If theyre only acting on behalf....

 

 

IGNORE THEM.

 

Deal with the OC directly.

[penmarine]

Hi Caggers, its been a while now it seems iQor have passed the outstanding amount of loan onto a solicitors called QPB. QPB have sent the usual letter saying you've tens days to pay up or we may get a CCJ. The letter shows the break down of costs outstanding amount, court costs etc. Now I get these for really old accounts all the time and just ignore them. Reading around the internet these people seem to actually go to court. Has anyone had any dealing with them before or even heard of them as theres not much out there on them. I'm happy for them to threat away with their "may" obtain a CCJ. The wife has already written a letter to arrange a payment plan however I would prefer to deal with LTSB directly. Any thoughts or opinions always appreciated. I'll get her to check her credit file today aswell to see who owes it. Ta PM

[ims21]

Is it QPB or GPB.

 

I ask because there is mention of Iquor using GPB.