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    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty, I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks. I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming, and after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond. I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015. Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years, I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do? I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
    • Hi.   Quick update. I have contacted the FOS and asked for written confirmation of the decision made so that I can take court action.   I have had my Cifas report today. It states.   Barclays Bank registered a 1st party fraud report against me on the 30th May 2019. This is the date they closed my account.   Case Type: Misuse of facility. Reasons: Multiple encashment fraud. Cifas Filing: First party fraud - (Opening an account or other facility for a fraudulent purpose or the fraudulent misuse of an account or facility; or taking out and insurance policy for a fraudulent purpose or the fraudulent misuse of an insurance policy and/or insurance policy documentation)   So, they told the FOS early December that my credit file would be amended and any negative reports would be removed, but as of today the account is still in default with Equifax and I still have the Cifas registered against my name.
    • clarification Perhaps look up the latest studies on modern examination of historic smallpox to attempt to map its types and paths..
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breadline

Breadline Vs LLoyds +*+* WON +*+*+*

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Sent in the request to move the case to trial, no settlement made in the stay period.

 

Im still requesting a copy of my contract for this account, even the solicitors are ignoring my request.

Lloyds tried advising the account is to old for the contract to exist:confused: .

 

Can i ask,

 

1. how can a defence based on a none existant contract stand up in court.

 

2. Will lloyds definately need to present this as part of thier defence.

 

Im annoyed as i do want to actually read through it.

 

any clues?

 

BL

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Hi Breadline,

 

Have read your thread with interest.

 

Firstly, if they cant provide a contract and nor can you, then you are both in the same position. The terms and conditions that Lloyds use today are probably the only reference. But dont fret, that's the basis of all of our claims.

 

I still have no copy of my original contract from 2001 - even through I asked 4 months ago. If I dont get it by 4pm tomorrow, they are in breach of a court order and I shall have a field day. (I was in court with Lloyds on Sept 7th which was adjouned). They have a court directive to supply me with all information (including how they set/justify their charges!) by tomorrow.

 

On the subject of their defence (it's a service) there are two key peices of law.

 

They say that under the Unfair Terms in Consumer Contract Regulations 1999 (UTCCR) the price for a good or service is set between the two parties and is therefore not subject to any interpretation of fairness or the law - and basically they can charge what they like. This implies they can charge £100 to bounce a dd.

 

1. Sec 14.2 Sale of Good and Services Act states a charge has to be fair and reasonable.

 

2. Sec 2 Para 1 ( i think) of the UTCCR says that any terms that allows a party to unilaterally increase the price is unfair.

 

Anyway your case is based on breach of contract - and their charge is a penalty for that breach.

 

Good luck. If you want more info (I posted by legal case notes) look up Wolfcub V Lloyds or just Wolfcub.

 

Cheers

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Thanks wolfy, I have got a bit lost since lossing the internet, have sent alot of teh details in on the money claim, its just so annoying how they send what they choose.

 

i have asked the solicitor for a copy, hoping it wont look good in court that its been ignored.

 

cant wait to see your out come.

 

BL:-)

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applied for trial 26th August and now the 2nd Oct Solicitor writes and tells me they have had no reply to their offer of settlement.

This offer was made 7 weeks ago I replied within 7 days and have rang their office twice with the last time not long ago on the 26th September.

 

I was advised both times they were waiting on instruction from the bank.

 

I rang again today when i received this letter of none receipt of my decline.

The lady who answered the call this time, asked me if the persons who answered my call previous actually looked in my file!!??. ( as if its my job to tell them their job)

 

I was also advised that if your file is not looked in at the point you telephone then you will get the standard reply.

 

1, Your letter has been sent to the bank. ( as advised by JOHN at the office of Sechiari Clark & mitchell of Department So )

1. The bank is busy and will instruct as soon as possible.

 

now as i wait my date for court, The solicitor is waiting on my decline of their offer, what a waste of a stay with a lovely show of pure incompetence

BL:mad:

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Decided to advise the solicitor that i would accept the amount of charges from June 2000 plus 8% interest and court costs of £80.

 

I think this is about £68 more than what they have offered.

the remaining money in my claim was made up of charges before 2000 and with as wise as the banks are getting i think i will take and run as it covers just right the amount i owe on my mortgage.

 

I have advised only with no restrictions and that the money is paid into my mortgage account, the mortgage is with in the Lloyd's group so hopefully it will be a carrot to a donkey.

 

All can do is wait now, shame i will never get to feel the crispy notes between my fingers, but i can wallow in the scowling as Lloyd's transfer me cash :D

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No Cash, no helpfull solicitor, they are sat on my letter and dont intend to send it anywhere. they have to be related to LLoyds only rudeness and disrespect so deep can follow in kin im sure.

 

So while they stall i recieve a letter stating no court date untill a case is heard in December, looks like the solictors stalling paid off, i shall be asking for this to be reviewed and hopefully for the court date to be applied.

 

and I get the luxury of getting my own back.

 

as if they have failed to defend by the end of monday my lads case should go straight through to judgement on money claim. heres hoping, wishing and chuck me some fair dust will you :-)

 

BL :-)

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breadline what a mess eh...I tooam at the end of my tether with SCM and Lloyds.......well that is if I could ever speak to Lloyds.......I'm sick of all this chasing around and being ever so polite to them..they deserve a big kick up their arses...

if you have a look at my thread I've taken to faxing them lately as well as letters.......

I'm faxing various dept. in Lloyds too this weekend.......

as I doubt they even know I've written back with MY TERMS of settlement !


1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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HEY FB

i read your post earlier and had trouble with connection and i had written to advise you as you have here.:)

 

read below for my latest letter to lloyds , Ive seriously had it with them I'm about to file in court of failure of S.A.R - (Subject Access Request)

 

They have failed to produce a contract for a loan that they failed to apply PPI on and they now after i myself discover their mistake expect me to continue paying. They agree to £8 a month for each loan and every month they take the full amount, i have to call them and they refund it and on the same day they take it back out again, they are incompetent and its like nurse maiding a knew born.

 

Dear Lloyd's TSB

 

Please find attached yet again an unnecessary letter of harassment of my status, again following a complaint of my accounts with Lloyds TSB.

 

You have recently agreed to accept reduced payments until 1st March 2007 and until such time I am unable to comment on my position and there fore will not be telephoning your Office as the experience of doing so is always disturbing due to the fact that you never with hold your side of the agreements, then upon my return calls there are no notes regarding my last conversation and it is I who has to monitor your actions and advise you of your mistakes. Therefore making telephoning your office a pointless action, that results in unnecessary stress and I will not subject myself to the unnecessary stress and the result it has on my recovery, a recovery of which I wish to remind you would benefit us all.

 

If however you where to assign me 1 account manager that I am in contact with at all times and this account manager stays with me through my loans then I would telephone your office on a regular basis. I would expect letters to be signed by this manager and for and no other employee apart from their own manager to contact me.

 

The fact that I have been an account manager and stayed with each of my customers through their accounts only highlights the lack of care and skill supplied by Lloyds TSB.

 

I reiterate my passed advice;

I am on Incapacity Benefit and am being treated for Lyme disease which causes Neurological breakdown. I can have physical limitations at anytime and also a breakdown in my thought process which results in memory loss.

 

I would appreciate if you could take this on board when you next reply and as I have explained I will not be telephoning your office at this time, I believe there is no issue between our selves that can not be discussed in writing. Another benefit of this action is the creation of a hard copy of evidence which can be used by either party in court.

 

 

If you can not appoint me with an account manager then I do not expect to hear from you until January 2007 when I am sure I will be able to comment.

 

 

Please find enclosed a copy of the most up to date status of my illness from my Lyme Disease Doctor. Which states that I am still unable to return to work for an estimated 6 months and it is known that after 6 months my treatment and Lyme will need to be assessed.

 

 

Yours Sincerely

 

I sent this after recieving a letter asking me to call the office as my payment agreement was due to change, "YEAH right" in 5 months!!. Its everytime I make a complaint or a request for my own rights they send a letter.

keep in touch as our claims are realy at the same time frame

 

BL:-).

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I WON..:D :D :D

£593.79

paid 20th Oct.

 

So S.A.R - (Subject Access Request) was sent APRIlL 06

closed claim OCT 06

 

(Took 6 months Start to finish. )

 

Today Before i knew i had won

SO today 30th Oct I had Called the solicitors today to see if they were still sat on my letter of acceptance with no conditions, i was informed i had been paid what, i agreed to accept but the money had gone into my classic account...." yes i was fuming" . I requested why i was not sent a letter advising they would pay but not into my mortgage account and why i had not been advised the claim had even been paid! as there i am freaking out thinking the collecting center has their grubby hands all over it.

 

 

I asked for a reason why they felt they could pay the money into a different account of which I had written into my acceptance, i was told "it was not written in my Directions?????

 

So if it had been they would of.. very good to know;-)

 

 

As you can tell from my thread i do not contact Lloyd's at all due to their attitude and disrespect for my situation.

Unfortunately today i had to ask for the money to be applied across to my mortgage and again it was fireworks and not even Nov 5th. :mad: .

 

The comment" well you will need to sell your home" was the match to my fuse.

This comment was of pure venom in the fact that i had managed to get my mortgage up to date less £90. Which i explained was not a problem.

 

So Keep it up Lloyd's as i take no prisoners and you do your selves no favors.

 

now moving on to the missing PPI, and their failure to complete my S.A.R - (Subject Access Request).

 

GOOD LUCK EVERYONE.

BL:)

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Congratulations and well done!! :D

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CONGRATULATIONS!! :D :D :D

Well done BL, it's a long hard road with this bunch isn't it?

 

Elsinore


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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it's a long hard road with this bunch isn't it?

 

Elsinore

 

Thanks everyone.

 

yes and half of thier rudeness on the phone is so unnecessary. The long road would be fine if I could dangle the call handlers off the cliffs at either sides:D

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.

 

mexwave2vi.gifmexwave2vi.gifcongratsWHT.gifmexwave2vi.gifmexwave2vi.gif

 

 

 

.

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Congratulations - has been a long tme coming - great to see another success in the LTSB Forum - keep it up!

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brilliant news.......but even after the settlement they're still playing silly buggers eh ! doesn't it ever end, what's with these people ?


1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Congratulations BL, another victory for the (not so) silent minority!!!

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Well done BL - excellant news!


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Congratulations, inspiring going to be making my first contact with lloyds this week to see how much of my money I can get back.

 

Thanks for posting all the problems you've had will help me keep calm as im going through my case.

 

Cheers

 

Webgini

********************************

Starting Claim - 31/10/06

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Thanks every one.

I'm still a bit put out as i was told by SCm that they had posted me a letter on the 23rd Oct and i have still not received it, i am concerned that this letter advising of payment could hold some kind of wording or terms that are necessary for me to know exist.

 

SCM seem to be very blasé about the situation and i thin ki i am entitled to a copy of a letter that is addressed to me that is held in a legal case file.

 

So now i would realy like to know is, was the bank billed for this letter, and if is so why haven't i got a copy?

BL

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This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 325 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.

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