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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
      Many thanks, stay safe and have a good Christmas!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Oh Dear, whatever shall I do, Lloyds have sold my account to 1st Credit

Please note that this topic has not had any new posts for the last 2547 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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My problem is -


Lloyds have just sold an alleged debt on my closed current account to 1st Credit.

They are already sending me discount offers and regular text messages to a number that Lloyds have removed from their system. And


they claim to be "Data Controller for the Personal Data held in relation to your account"


I have a letter from Lloyds apologising for passing a disputed current account to a Debt Collector.

It confirms that the account is closed with a nil balance and there is nothing to pay.

Oh yes, and they sent a cheque "for the distress and inconvenience caused".

(A copy has pride of place on my office wall)!


Since the letter in early 2011 the string of DCA's has reappeared.


Further letters to the new CEO are passed down to someone who will not understand the above.


Defaults are registered to my Credit Report for both this account and the disputed Credit Card which is also going the rounds with the DCA's


Most correspondence to Lloyds is either ignored or met with denial and an invitation to complain to the FOS.


So I have:


Illegitimate Defaults

Harassment from DCA's

Breaches of Data Protection Act

Breaches of Consumer Protection Guidelines

Breaches of BCOBS

Breaches of COBS


I have a dream - to see the Board of Lloyds Banking Group appearing at my local County Court to explain why they,

and their appointed agents, routinely fail to treat their customers fairly.




Well maybe not. HRH The Princess Royal was instructed to appear.

Is the board of the most inept Bank I have experienced more precious than the Royal Family?


Please, with so much to pick from - which forum would be best?








"A Lie is a Lie

Repeatedly denying it is a Lie doesn't stop it being a Lie

It simply makes the Liar more of a Liar until they admit it was a Lie

But the Lie and the Liar always remain a Lie and a Liar"

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Welcome to CAG



Thread moved to the appropriate forum.







We could do with some help from you.



 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service


If you want advice on your Topic please PM me a link to your thread

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what are you actually trying to do?


if they are offering massive discounts

then its obv the debt is a 'lemon'



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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Thanks for moving it - I would not of thought of posting here as I am really looking for advice on bringing Lloyds to book. Probably via Bcobs to start with.



I obviously need to contact 1st Credit and tell them that Lloyds have sold them a turkey.

I'm thinking of writing as follows:



The Directors

1st Credit Limited

The Omnibus Building

Lesbourne Road





Dear Sirs



Regarding your letter Ref 8888888 dated 9999999 in which you state that I owe £xxxx in respect of Lloyds Current Account ref 112233445566.

I do not owe any such sum to Lloyds Banking Group or any subsidiary of that organisation and certainly not to yourselves. I will not pay you anything at all, either now or in the future.



You claim to be Data Controller for my personal details relating to this account. I will be asking the Information Commissioners Office for advice on the legality of this arrangement as the account was closed with a nil balance in early 2011. The sale of this alleged debt would appear to be fraudulent. Similar to selling Tower Bridge to gullible tourists.



As you claim to have access to my data you may, on this occasion only, refer to a letter dated xx/xx/2011 ref xxxxx from xxxxx of Lloyds Customer relations, Leeds. If you do not have access to this letter then Lloyds need to supply it to you. I suggest you use the telephone as their response to letters is inept and they will probably deny all knowledge of the letter. If they do phone Humpty Dumpty on 0000990088 who is the author of the letter on behalf of Eric Daniels.



You will note that the letter also refers to communications in writing only and removal of telephone numbers from their system. The fact that you are sending texts to an unlisted number proves a breach of Data Protection Act.



Now that you are aware of the situation you are prohibited from attempting any further collection activity whatsoever.



For the avoidance of doubt this means letters threatening a course of action that you have no possibility of completing, sending collectors to my home, registering defaults or any other action that will cause me financial or emotional damage.



I now require you within 14 days of the date of this letter to respond, in writing, with your proposal to correct this situation including the removal of all my personal data from your systems.



If after this time no satisfactory response is received, or further collection activity resumes, then it will be assumed that you intend to act illegally by harassing me - a criminal offence. Court action would follow automatically without further reference to yourselves.



Yours faithfully








Any thoughts, amendments or suggestions most welcome.



Thanks for reading.



"A Lie is a Lie

Repeatedly denying it is a Lie doesn't stop it being a Lie

It simply makes the Liar more of a Liar until they admit it was a Lie

But the Lie and the Liar always remain a Lie and a Liar"

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ok lets resit things so we and the reader know the history


when were these accounts opened


and when was your last payment?


what is the defaulted dates on your cra file?


pers if it were me


i'd be totally ignoring them


unless the defaults are doing you harm if they show



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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Share on other sites




Thanks for responding


In a nutshell,

deliver a massive kick between the knees to Lloyds,

who have been treating me very badly for years and get rid of them altogether.


This account is closed but still being defaulted and chased by a string of DCA's.


There is also a credit card in unresolved dispute being treated in the same cavalier fashion.


Definitely being dealt with by the run-around dept. of Lloyds.


I'm considering using BCOBS and COBS and would like guidance

- they won't answer questions

- fobbed off with FOS

- disputed accounts passed around

- breaches of DPA


What are the most effective routes ICO?


County Court?

tried FOS but very slow and no guts,


Any other suggestions?


I 've also posted letter to latest DCA just after your response.


Many thanks



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I've been ignoring them for literally years but


now I am fed up with wondering what the next exploit is going to be.

My health is not as good as it was and I need to be shot of them.


I have been a Lloyds customer for many years as far as I can recall the late 80's.


Account changed from Classic to Platinum 2001


The last payment was prior to Aug 2009 by one or two months at the most


I can't see at the moment when they were defaulted,

as defaults are shown for each month that is shown in Noddle.


Doubt its statute barred yet.



Sorry to be vague but I need to consult the last sar that I got from them (that was a month late also!)



Does this help?




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Can this thread pleased be moved to one involved in taking BCOBS/COBS action against

Lloyds in all it's forms and reincarnations?



This forum is fine for anyone worried about DCA's but I would really like some advice/tutorials on getting LBG out of my life altogether.



Many thanks




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its a Lloyds issue


you are in the Lloyds forum


there is no 'special' forum for bcobs

other than clicking the link and reading


and typing in BCOBS in the search of the grey toolbar uptop.



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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Thanks Dx for moving the thread.


I would appreciate guidance on what approach has been successful

- any pitfalls to avoid and which regulatory bodies are the most effective in bringing Lloyds to book,


Like many people on these forums I have been very badly treated by Lloyds who seem to believe that they are above any sort of responsibility

for their actions In spite of the massive penalties they have to pay.


How do I complain and to who.


FOS I prefer to avoid because the are grindingly slow and seem to be ineffectual in dealing firmly with the banks.


My intention is to get Lloyds into court for Breaches of Statutary Duty under BCOBS and Breach of Contract under COBS

as a first step to recovering unpaid compensation and recompense for a great deal of stress and anxiety.


The background:-


I became a customer of Lloyds in 1989 and a Platinum Credit Card holder in 2001.


In 2009 I was getting hit with £15 a day penalty charges on my current account that I was notified about just as they hit the max. And that put me over the next month


I closed the account which they refused to accept because I disputed the charges and wouldn't pay up. And so they kept on adding fees and charges.


A SAR revealed that my miss-sold PPI repayment would cover all of my Lloyds debts based on refund of premiums plus interest.


I notified Lloyds and told them that as their obligation was larger than mine I would not be paying money into either account

until it was clear what I actually owed and put both accounts into dispute

- standard thou shalt not default, appoint DCA's, damage my credit file, etc.


I stated that I was offsetting my debts against the PPI refund - just like they would.


It also mean't that I wouldn't be putting money in their hands that I would later have to get back from them.


Of course Lloyds did everything except answer the disputes.


After writing to each Board member in early 2011 I got a response on behalf of the CEO, Daniels,

in which my current account was closed with a nil balance, my phone number removed and a cheque for "inconvenience"


Within days I am getting letters of affection from Credit Security, AIC, Wescot and BLS. And calls from Mumbai even when they don't have my number

(or permission to access my data outside the EU).


As I returned home after major surgery in September 2012,

I received letters from Lloyds Credit Operations and iQor chasing the "outstanding current account debt".

Still await answers as to why they are breaking Data Protection Rules by chasing a closed, satisfied debt.


Mackenzie Hall a few times and Apex have had a go too.


Letters to Chief Executive, Lloyds were answered by a Mr Jones (can't rember him being CEO)

who insisted their were no disputes and go to FOS if I didn't like it.


My credit card in dispute since 6 September 2010 was defaulted in Dec 2010 and has been shown as defaulted ever since.


My current account was in dispute since June 2009 was defaulted in March 2010

and has been shown as defaulted ever since and has now been sold (nice 70th Birthday Present)

despite having been closed with a nil balance in March 2011 (with compensation).


They still owe me more than I owe them!


My latest SAR in 2012 reveals consistent complaints to Lloyds in house and external DCa's and consistent lack of response from Lloyds.


Many times my allegations of wrongful treatment are recorded but no response given to me except another threat.

Its all there in their records!


It also revealed that my PPI compensation was dramatically short of what it should have been.


Fortunately I went to great lengths to avoid the full and final clause that they tried to trick us with.


I have umpteen threats of court, collectors visits, time limited discounts and offers of expert help printed on all sorts of coloured paper

with the most inventive graphics and typeography. If only these people put as much effort into a proper job.


Thanks for reading


All help, guidance, and experiences will be gratefully received.




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LLoyds are awful


They have been ignoring letters of mine for several years about my son's account that they have now sold.


They have also ignored the DPA in my case too - my son was under 18 when he opened the account and I presume that is the only signature that they have for sharing info


There is also a dispute about the correct account balance and failure to follow FSA regulations. I am planning to use the terms in the CPUT regs to apply the same charges to them that they applied on the account

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Aren't they just!



I have so many breaches of DPA, OFT guidelines, evasions, Consumer Protection to name but a few that it is difficult to know where to start.



I was hoping for some guidance here, but there seem to be a lot of threads that never come to a conclusion. Mine looks like it may be another - just rusting away - no wonder they get away with it, when we can't stick together any more.


So what's your plan?


Mine is to lay it out to the CEO of LBG and give him 14 days to respond before it goes to Court for Breach of Statuary Duty.


As I have now a carefully documented diary of events, there can't be any harm in showing that to the Information Commissioner,

OFT, FCA local MP and any other set of initials I can think of.


If that doesn't work then I'll have to try something that worked before.

I bought my Wife a new HP laptop that included a free upgrade.


Did all that was required with Proof of Purchase.

Nothing happened.

Was told I hadn't sent it.

Sent again twice.


Started keeping a diary on a web page online and every phone call and email was recorded

with comments as to the perceived veracity of the conversation.


Microsoft were consulted as was HP together with the "fulfilment company" and all evasions,

denials etc fully recorded as was a call to the Marketing Director in Canada.


Still with no success I started guessing email addresses of Senior Management of the various companies with a link to the web diary.

Within a short space of time I had a call from Mario, a real person and not the carton character

that I suspected him to be saying that my emails had stirred up a lot of trouble

and the software would be with me within 24 hours and gave me a tracking number.


It arrived on time - from Turkey by very expensive express courier!

Shame it was a Vista upgrade. My Wife hated it.



What do you think - worth a go! Maybe Lloyds could feel shame? Not that they would admit it of course.



Any way I hope it made you smile!



Just remember you are right - pay nothing and look on a court summons as an opportunity. Be happy.



See why my handle is




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I have been in touch with the debt purchaser but so far they have just sent their complaints procedure that says they have eight weeks to answer my complaint.



Unfortunately for them the 14 days I gave them expires very shortly and the letters to regulators are dated and ready to post at 14 + 2 days.



Lloyds already have LBA. No undertaking received to cease activity while investigating complaint etc.

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Just received reply to my LBA sent CEO, Lloyds Banking Group. Included in the letter was details of ignored letters and compensation paid by Lloyds for the same errors that they are making again. The level of incompetence being shown is unbelievable.



Lloyds are playing silly beggars and are denying disputes although they show up in records obtained by way of SAR. So now its off to court for breach of COBS and BCOBS. Is there any help available - please? I would not want to mess this up and make case history in Lloyds favour!



Dumb Rottie

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  • 1 month later...

Ah well, I came here looking for advice but found nothing. Like a lot of threads it has just rusted away for lack of response. Now found a more useful source of information. Shame - it used to be better than this.

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You need to remember, this site is ran by volunteers and a lot of the times threads get lost or drowned out by others. Thats why you need to bump the thread, or if you need urgent help, click the triangle at the bottom of your thread and ask for help. The onus is on you to make sure your thread gets noticed. Not simply hope a wandering reader passes by.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..



If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks


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While I appreciate the work done by volunteers, my experience has been that I have wasted time here.


Yours is the first response since I bumped the thread on 24 Jan.


Aren't there a lot of threads that end with unanswered questions?


At least you have some feedback that, hopefully you will view constructively.





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I posted why your thread didnt get answered. But anyway. Good luck getting your issue sorted. We'll still be here IF you change your mind in the future.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..



If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks


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