Lloyds current account OD debt sold to 1st credit

[Lldavies80]

I have a debt of £1390.77 from a Lloyds current account which has been sold to 1st credit.

 

A default was registered in July 2010 and as I am now in a position to sort out my debts,

 

I sent off a SAR as I believed the original debt was for a lot less.

 

After going through all the info I have found out they closed my account July 7th 2010

(I had not used it as an account since Dec 16th 2009) and registered a default 6 days later for £273.17.

 

In Sept 2010 through to April 2011 they have authorised 6 payments to what I believe are payday loan companies totalling £1117.60.

 

During 2009 I had quite a few pdloans.

 

The problem is the account hadn't been used and was closed by lloyds before these payments were made.

Quite how they were allowed I don't know.

 

They don't show on either my current account statement or my savings account statement

but on a separate note supplied as part of the SAR which shows them as coming from a savings account

it can't be my account as it didn't have any money in and my account balance is 76p in Jan 2010 the last transaction.

 

Are Lloyds right to allow these transactions?

 

If they had refused them the pdloan companies would have chased me for the amount owing

and I could have paid them a small amount as my finances were pretty dire.

 

Any advice please

 

 

I thought I was making progress on my debts but the deeper I look the worse it gets.

[Lldavies80]

Sorry should have added that the £273.17 is made up from

£60 returned direct debit charges

£75 for unplanned overdraft

£114 recurring card payments to payday loan companies which I asked to cancel, ordered a new card when told they could no longer use it if I did that

The remainder is for overdraft interest charges.

The balance on my account when I decided to stop using it was nil.

[fkofilee]

ITs time you complain... Can i suggest you send a letter to Lloyds head office... Watch how the execs team will contact you back quicker that a bunch of rats leaving a sinking ship

I recently had great success dealing with the execs team/.

[BRIGADIER2JCS]

Sorry should have added that the £273.17 is made up from

£60 returned direct debit charges

£75 for unplanned overdraft

£114 recurring card payments to payday loan companies which I asked to cancel, ordered a new card when told they could no longer use it if I did that

The remainder is for overdraft interest charges.

The balance on my account when I decided to stop using it was nil.

 

 

 

 

I agree about a complaint But it must be a Formal Complaint which has a 56 day time scale for the bank to fully investigate and respond to the complaint.

 

If the response is unsatisfactory you can then take it forward to FOS.

 

 

Research the directors of LLoyds and address the complaint to an appropriate person e.g. Director of retail banking or similar title.

[Lldavies80]

Thanks for the advice.

 

 

I have found the name Alison Brittain on the net as a Group Director of Retail at Lloyds.

anything in particular I need to include to ensure they take me seriously?

I've never done anything like this before.

[BRIGADIER2JCS]

Thanks for the advice. I have found the name Alison Brittain on the net as a Group Director of Retail at Lloyds. anything in particular I need to include to ensure they take me seriously? I've never done anything like this before.

 

 

Include all that has occurred, especially the unauthorised payments from the closed account.

 

 

Lloyds should have rejected the payment requests.

 

 

Just keep everything chronological and as simple as possible, you can post a draft here and I know you will get further help and advice.

[Lldavies80]

Thank you I will get onto it straight away.

[Lldavies80]

I am writing to make a complaint regarding a current account I once held with Lloyds.

 

After looking into applying for a mortgage, I signed up to Experian to view my credit report.

I subsequently saw a default registered against me for £1391.

 

I immediately filed a Subject Access Request as I could not understand how this had happened.

Upon receipt of this information I was shocked to find the details of how this default has come about.

 

In December of 2009 I made a conscious decision to try and rectify my financial situation as I was on a downward spiral.

I spoke to a Lloyds representative to stop all Direct Debits and CPA’s from my account so I could renegotiate my payment terms with my creditors.

There is no record of this in my SAR although the telephone records are so limited they are clearly incomplete.

I left the account on December 16th 2009 with a nil balance.

 

After that the following occurred:

December 18th – Four direct debits were returned unpaid.

December 21st – A transfer of £8.88 from savings account (by Lloyds)

January 15th 2010 – A CPA for £15.00 was authorised

February 1st – Returned DD charge for £60.00

February 08th – Four CPA’s authorised totalling £114.00

March 1st – Unplanned overdraft fees £75.00

April 1st – Overdraft interest charge £2.11

May 4th – Overdraft interest charge £3.84

June 1st – Overdraft interest charge £4.12

July 1st – Overdraft interest charge £3.55 and interest applied on account of 8p

July 7th – Overdraft interest charge of £3.86 and 65p. ACCOUNT CLOSED with an outstanding balance of £273.25

July 13th – Default registered with a balance owing of £273.17

 

It is my defence that if the aforementioned instructions were followed none of the above would have been possible.

I have since been told that the Direct Debits may not have been cancelled due to the close approaching date for payment.

 

However, if I had been told of this at the time I would have credited the account with the amount to cover.

 

If this was simply a case of a £273.25 debt, then with an arrangement in place this would have been rectified.

The fact that a default was recorded I believe is unjust.

If my instructions had been followed the account would have been made up purely of charges

rendering this an unfair default as per FOS rules, and my credit file undamaged.

 

Unfortunately this is not where my complaint ends.

 

As I sought to uncover from where the added ‘debt’ had arisen I came across the following:

 

AFTER THE ACCOUNT WAS CLOSED

September 14th 2010 - Cheque added to balance £45.00

October 18th 2010 - Cheque added to balance £316.60

April 6th 2011 - Cheque added to balance £45.00

April 8th 2011 - Cheque added to balance £156.00

April 13th 2011 - Cheque added to balance £156.00

April 27th 2011 – Cheque added to balance £400.00

This took the total to £1390.77.

 

My complaint is as follows.

My instructions were not followed leading to an original unfair default of £273.17, made up primarily of charges.

 

After the account was closed for at least one month and up until 9 months later, credits were given totalling £1117.60.

Quite how any monies can be authorised from a closed account and for a sustained period of time is clearly unacceptable.

 

To resolve the problem I request that my details at all Credit Reporting Agencies with reference to Lloyds Bank are expunged

or at the very least shown a balance of zero owing.

 

I respectfully allow 56 days in which to investigate the above issues and await a reply with your findings.

 

Failure to comply will result in a complaint being made to the Financial Ombudsman.

[Lldavies80]

Hi could you please tell me if this is any good?

[dx100uk]

it might be worth your while to use BCOBS here

 

they have treated you unfairly.

 

see the link

 

dx

[BRIGADIER2JCS]

I am writing to make a complaint regarding a current account I once held with Lloyds.

 

After looking into applying for a mortgage, I signed up to Experian to view my credit report.

I subsequently saw a default registered against me for £1391.

 

I immediately filed a Subject Access Request as I could not understand how this had happened.

Upon receipt of this information I was shocked to find the details of how this default has come about.

 

In December of 2009 I made a conscious decision to try and rectify my financial situation as I was on a downward spiral.

I spoke to a Lloyds representative to stop all Direct Debits and CPA’s from my account so I could renegotiate my payment terms with my creditors.

There is no record of this in my SAR although the telephone records are so limited they are clearly incomplete.

I left the account on December 16th 2009 with a nil balance.

 

After that the following occurred:

December 18th – Four direct debits were returned unpaid.

December 21st – A transfer of £8.88 from savings account (by Lloyds)

January 15th 2010 – A CPA for £15.00 was authorised

February 1st – Returned DD charge for £60.00

February 08th – Four CPA’s authorised totalling £114.00

March 1st – Unplanned overdraft fees £75.00

April 1st – Overdraft interest charge £2.11

May 4th – Overdraft interest charge £3.84

June 1st – Overdraft interest charge £4.12

July 1st – Overdraft interest charge £3.55 and interest applied on account of 8p

July 7th – Overdraft interest charge of £3.86 and 65p. ACCOUNT CLOSED with an outstanding balance of £273.25

July 13th – Default registered with a balance owing of £273.17

 

It is my defence that if the aforementioned instructions were followed none of the above would have been possible.

I have since been told that the Direct Debits may not have been cancelled due to the close approaching date for payment.

 

However, if I had been told of this at the time I would have credited the account with the amount to cover.

 

If this was simply a case of a £273.25 debt, then with an arrangement in place this would have been rectified.

The fact that a default was recorded I believe is unjust.

If my instructions had been followed the account would have been made up purely of charges

rendering this an unfair default as per FOS rules, and my credit file undamaged.

 

Unfortunately this is not where my complaint ends.

 

As I sought to uncover from where the added ‘debt’ had arisen I came across the following:

 

AFTER THE ACCOUNT WAS CLOSED

September 14th 2010 - Cheque added to balance £45.00

October 18th 2010 - Cheque added to balance £316.60

April 6th 2011 - Cheque added to balance £45.00

April 8th 2011 - Cheque added to balance £156.00

April 13th 2011 - Cheque added to balance £156.00

April 27th 2011 – Cheque added to balance £400.00

This took the total to £1390.77.

 

My complaint is as follows.

My instructions were not followed leading to an original unfair default of £273.17, made up primarily of charges.

 

After the account was closed for at least one month and up until 9 months later, credits were given totalling £1117.60.

Quite how any monies can be authorised from a closed account and for a sustained period of time is clearly unacceptable.

 

To resolve the problem I request that my details at all Credit Reporting Agencies with reference to Lloyds Bank are expunged

or at the very least shown a balance of zero owing.

 

I respectfully allow 56 days in which to investigate the above issues and await a reply with your findings.

 

Failure to comply will result in a complaint being made to the Financial Ombudsman.

 

Questions please, these cheques "added to balance" were these paid to creditors prior to the closure of the account?

 

 

Did you follow up the conversation with the bank rep with a letter confirming your " Instruction"?

[Lldavies80]

Thanks dx. Where do I go from here? Adjust the letter or start again?

[Lldavies80]

Hi Brig, no to be honest I didn't follow up the instruction.

 

 

The cheques added to balance were not paid to the creditors prior to the account closure by me.

 

 

I never had a cheque book and the SAR notes state that.

 

 

In another section it shows them as TMS to Andover following undated letters whatever that means.

[dx100uk]

urm..

 

have you moved since you opened the account?

 

dx

[Lldavies80]

I moved about 5 miles away in August 2012

[Lldavies80]

Hear are photos from the SAR

[Lldavies80]

Last one

[dx100uk]

pdf and rotated please

 

dx

[dx100uk]

I moved about 5 miles away in August 2012

 

ok so no-one could have applied for a chebook using unredirected mail.

 

no issue

 

dx

[Lldavies80]

No and my parents still live at the original address. I can't alter the images at the moment as I'm using my noble in work but will do it tomorrow.. Thanks

[BRIGADIER2JCS]

Hi Brig, no to be honest I didn't follow up the instruction. The cheques added to balance were not paid to the creditors prior to the account closure by me. I never had a cheque book and the SAR notes state that. In another section it shows them as TMS to Andover following undated letters whatever that means.

Personally I would be asking for a full explanation of these entries, especially as you had no cheque book with the account.

 

 

Write to the data controller and Demand the explanation within 7 working days.

[Lldavies80]

Thanks, I will get onto it now. Should I include photocopies to illustrate?

[BRIGADIER2JCS]

Thanks, I will get onto it now. Should I include photocopies to illustrate?

Yes Highlight the "SUSPECT" sections.

[Lldavies80]

Great I'll keep you posted. Thanks again for your help

[Lldavies80]

Hi,

finally received a reply from Lloyds after them giving me the run around

and then the post office failing to deliver my recorded letter!

 

 

Firstly they say their records show my account was not closed and left in debit balance.

It clearly says closed on their documents.

 

 

With regards to the added £1000+ debt

they say "the account had authorised withdrawals by liaising with our recoveries department".

 

 

They seem to be of the opinion that this is ok is that correct?

 

 

Can a company I owe money to speak to Lloyds recoveries dept

and get paid out of my 'closed' account instead of chasing the debt from me?

 

 

Please help