Jump to content


  • Tweets

  • Posts

    • @dx100uk - hi, started new thread here.
    • Name of the Claimant ? Hoist finance UK holdings  Date of issue – 05 May 2021   Particulars of Claim  What is the claim for –  1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted> 2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served. 3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.    4.The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).   What was the date of your last payment? 2014   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter a debt management plan? No       Starting a new thread following on from this thread.   Background:   Student account overdraft with Lloyds Last payment made was in 2014 Robinsons Way/Hoist contacted in late 2019 Asked for CCA 19th February 2020 Received communication stating they were trying to obtain CCA 23rd February 2021  Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds Heard nothing from Robinsons Way/Hoist until the CCJ claim Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016  No idea how they came up with this date if they don't have necessary paperwork from Lloyds   Here are the Particulars of Claim for the OD:
    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been misunderstood. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
    • I don't think so. The information is supposed to be incorporated as part of the manufacturing process.   Most of the providers who flout these regulations get away with it because they say that their produce is a "show plate." Those producing legal plates are registered with the DVLA and will insist on ownership documentation. Here's some FAQs from a legit supplier:   Frequently Asked Questions - UK Registrations (ukregplates.co.uk)   A couple of those questions and answers: Do your number plates include your legal details? / Are your number plates road-legal? All of our number plates feature the required legal markings. This means that the text "PLATE FINDER SM1 4NG" will be shown on the bottom centre of the plate and "BSAU 145d" will be shown on the bottom right of the plate. This text allows the relevant authorities to find out which company produced the number plates if required. Do you require documentation? As a DVLA registered number plate supplier, we have to request documents that prove your identity and that you can use the registration number. We understand this is a slight inconvenience, but do our best to ensure sending documents to us is made as simple as possible. Be aware of other suppliers that do not request these documents, as it may suggest the replacement number plates they are producing are not road legal. [my highlighting]   When sending in documents we require one of each of the following: To confirm your identity driving licence utility, Council Tax or rates bill from the last 6 months bank or building society statement from the last 6 months national identity card To confirm you can use the registration vehicle registration certificate (V5C or V5CNI) new keeper supplement (V5C/2 or V5C/2NI) of entitlement (V750 or V750NI) to the number retention document (V778) - not applicable in Northern Ireland a renewal reminder for vehicle tax or SORN (V11 or V11NI) temporary registration certificate (V379 or V379NI) a number plate authorisation certificate (V948) with an official stamp from the Driver and Vehicle Licensing Agency (DVLA) or Driver and Vehicle Standards Agency (DVSA) an electronic number plate authorisation certificate (eV948) a letter of authorisation from a fleet operator (including lease or hire company) quoting the document reference number from the registration certificate This is a link to the DVLA's register of authorised number plate suppliers:   Find your nearest number plate supplier - GOV.UK (www.gov.uk)   If you wanted street legal plates it seems you may have done your money.  
    • I've come up with a fairly detailed statement.    it seems to me that I could reasonable argue that the school provided half (or whatever) of the services they were supposed to, so I should pay half.   The question is should I just put that sort of reasoning (admission?) in my statement? Or, should I be concentrating on asking them to prove their agreement with me? 
  • Recommended Topics

  • 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
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
      • 1 reply
  • Recommended Topics

  • Recommended Topics

Lloyds refuse DSAR for deceased estate


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1096 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi never used this site before but I wanted some advice as executor to an estate we have asked Lloyds for a DSAR on deceased account but they are refusing. Can they do this. Any assistance would be most helpful

Link to post
Share on other sites

Hello and welcome to CAG. I'm sorry to hear about your problems.

 

What reason are Lloyds giving for not supplying the DSAR and who applied for it please?

 

Best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

I think I would begin by telephoning the ICO and asking them. I think they have some kind of helpline and they will give you initial advice.

 

Why are you trying to get this information? Is there a possibility of some PPI claims?

Link to post
Share on other sites

See points 5 and 7

 

https://ico.org.uk/media/for-organisations/documents/2014223/subject-access-code-of-practice.pdf

 

Data Protection legislation only applies to living individuals.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 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

Link to post
Share on other sites

What kind of value are you talking about? Have you asked Lloyds as to whether there is any mechanism by which they can provide information on account which is administered by the executors of the deceased account holder?

Link to post
Share on other sites
no PPIlink3.gif claims there are a number of transactions etc that make no sense

Is there any reason to delay probate? Once you have it you have access to the account and can check everything online.

Link to post
Share on other sites
No probate had already been actioned. But the bank had assured me that all information would be still obtainable.

When my Mother in Law died the executor could register for online banking to help administer the estate. That's how we found out her carer had helped herself to thousands of pounds in cash and online shopping. To know there are questionable transactions you must have seen some evidence of them so what further information are you looking for? I know we had to do a fair bit of digging but we didn't need an SAR, most of it could be gleaned from bank statements and phone calls to vendors.

Link to post
Share on other sites

I'm not clear on what you're trying to achieve, but I found the Bereavement people at Lloyds very helpful. I only dealt with them, not the branch or the normal call centre.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites
May I ask what action the executor took

Eventually the police. It was one transaction shortly before she died which alerted us as it was an internet purchase. We got lucky with that one as it was as small business and we said we were just checking the delivery address. They gave it to us and it was the home address of the carer. Then we started going back through everything and learned about how you can identify where cash withdrawals are done. Funny old thing, some of them were just for the maximum from the nearest cash machine to the carer's home and some would be two withdrawals a minute apart. These would be one for £100 and then another for £300. This would be when my MIL had asked her carer to get cash and the receipt for the requested £100 would be handed over along with the requested cash while the carer pocketed the £300. We went back about six months identifying around £11,000 of dubious transactions including huge Tesco shops of around £180 a time at least weekly. At that point we handed it over to the police and they dealt with it.

Link to post
Share on other sites

I really feel for you if you have found something similar.

 

I get why you want more information. We knew we'd have to all but build the case ourselves for the police to take it on. The bank didn't want to know but then became very obstructive because we'd handed it to the police - really stroppy. They made it very difficult for the police to get CCTV evidence etc.

Link to post
Share on other sites
no ppi claims there are a number of transactions etc that make no sense

 

Maybe somebody here is able to make sense of them if you share the details?

 

Am looking for the interview notes

 

What interview notes?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...