Lloyds loan

[BRIGADIER2JCS]

Ok I''ll work on the fact that the ''cause of action'' occurred in 2006 is that correct?

[roaringgirl]

cause of action?

 

OH went to Payplan in Oct 2004.

[BRIGADIER2JCS]

Cause of action == the reason why a default notice would be served, eg lots of missed payment/late payments, payments ceasing completely.

[roaringgirl]

Payments ceased in September 2004 - OH started with Payplan in 2004 at reduced rate.

[BRIGADIER2JCS]

Payments ceased in September 2004 - OH started with Payplan in 2004 at reduced rate.

 

Ok how long did payments go on with payplan?

[roaringgirl]

Hi Brigadier

 

see post 63 for all particulars

[roaringgirl]

payments with payplan from Oct 2004 - Aug 2012

[roaringgirl]

Ok - despite having referred this to Financial Ombudsman because I utterly refute the amount they say we owe, Lloyds have decided to pass the account on to Moorgate who now say we must pay them £6.5 k NOW.

 

I think I ought to send them copies of ALL the letters I have sent to Lloyds and to FOS and point out the account is in dispute and the FOS is looking into it.

 

What do you think?

[Guest]

S... but I can't work out why they waited NINE whole years to do it.

 

re my post #86/7. if a variation/arrangement is made prior to any default, then there could be a 'new' agreement in place re payments. depends on the circumstances. i think the guide posted mentions things re a variation/arrangement and defaults, eg para 17 etc, 22 on?

[roaringgirl]

Thanks for reminding me - I will have a look. Meanwhile, this does not address their behaviour re the mismanagement of the accounts nor the excess charges nor the disparity between what they say we owe and what we say we owe.

[Guest]

no, it doesn't. although it may have a bearing on their behaviour re filing a default. which you asked about.

remind me, have you done a dsar on this? has it been sold to moorgate? have you looked at the codes/guides and bcobs?

maybe best, wait for the fos decision, if it doesn't take too long!

Edited July 16, 2013 by Ford

[roaringgirl]

Yes, I did a SAR - the debt has been transferred, not sure if it is sold. No, I haven't checked the BCOBS - I will do and yes, the info is still with the FOS, from whom I am waiting to hear.

[Guest]

Yes, I did a SAR - the debt has been transferred, not sure if it is sold. .

 

what were the contents of their letter, did it explain things? was it an assignment (ie sold), or are they just acting/collecting on behalf?

the dsar should've produced details of any accounts, including transaction list/statements showing any charges etc. did you get this info?

[roaringgirl]

what were the contents of their letter, did it explain things? was it an assignment (ie sold), or are they just acting/collecting on behalf?

the dsar should've produced details of any accounts, including transaction list/statements showing any charges etc. did you get this info?

 

From the info they sent me I worked out how they have fleeced my husband. I think the debt has been passed on and not sold. Yes, I had all the info hence why managed to piece together the total mismanagement of the account.

 

Ok - so, I think the next step is to copy all the letters sent to FOS and send them to Moorgate, tell them the account is in dispute and with the FOS - then send a copy of the letters sent to me by Moorgate and tell the FOS to get their act together and investigate Lloyds.

 

Will also write to LLoyds - copying all letters and sending them to all 'interested parties' at Lloyds - quoting the BCOBS at them.

 

Sound ok?

[spots1]

Hi

Not sure you really need Moorgate seeing all the letters you have sent to FOS & Lloyds just send them a letter with the ref no. on for the FOS & address & repeat in it that acount is in dispute futher info contact the FOS ....but yoy must send all copies of letters you get from whomever to the FOS ...and yes quote the BCOBS at them.

 

I personally would not like or want Moorgate seeing what you have in letters to the FOS as they really have no dealing in the matter as this was passed over whilst in diispute...other cag members may feel differently but having dealt with Lloyds I would keep it as simple as poss with the FOS contact.

 

Spots1

[roaringgirl]

Ok - so have had a reply from FOS - and it basically says Lloyds are right, pay them.

 

No mention of any doddgy bank practices at all.... I am deeply unhappy now as they insist we have to pay back 6.5k

 

Any further advice??????

 

I am stumped and obviously don't have 6.5k!

 

Do they have to know all of my OH's income and expenditures??

[dx100uk]

no theres no legal remit unless a judge orders it

 

upto you.

 

dx

[roaringgirl]

How do I go about negotiating repayment with them - the debt is with MDR now. Any ideas? I don't want to offer the moon on a stick.

[Guest]

moorcroft? still collecting on behalf ie not sold on?

[roaringgirl]

I don't think it is sold

[roaringgirl]

But do I just write to them and say we want to negotiate repayment terms?

[Guest]

how did the complaint against payplan end up re them not paying anything towards the debt from your payments to them?

[roaringgirl]

Ah - I didn't tackle payplan - should I? Meanwhile what do I do with Lloyds/MDR?

[Guest]

towards the end of their template collection letters they should end up sending one along the likes of offering a 'discount', can then contact with an offer, if not before, if you're deciding to pay. should be negotiable. as the amount is disputed, try ensure that any offer takes off the disputed amount on top of any 'discount'. if you see what i mean.

maybe yes complain to payplan as well? see what others think though.

[roaringgirl]

I have no money to offer in a lump sum - only repayment through monthly instalments. Therefore I have no bargaining chip - how can I get them to reduce the overall amount - LLoyds have slapped on 3k of bank charges