Pt2537 V Lloyds TSB & Black Horse Finance ###won###

[pt2537]

Hi everyone.

 

well here goes.....

 

I sent my S.A.R to LloydsTsb and Black Horse on Friday via recorded deliveryso the 40 days clock is ticking now. i have gone back over my statements on line with my Lloyds account and upto july 02 they have taken 2690 without including the 8% interest that im gonna add when we go to court. i can wait to get my statements as i am very certain that there is a huge amount of charges that were added between jan 01 and july 02 so the figure will definatley get bigger:D .

 

With regards to Black Horse i have 2 accounts with them which they have applied more charges than i have had hot dinners , from memory they have added over 2000 pounds of charges on a 600 pound loan and i hate to think what the other account has had added to it and they have also added 2 defaults to my credit files:mad:

 

i understand that defaults added to your credit file through these type of charges can be removed but am not sure how to go about it

[Rooster-UK]

Hi pt2537.

 

When you send your letters to the bank asking for the charges to be refunded, the letter templates include paragraphs about defaults.

You make it a condition of settlement that as well as the return of charges, the defaults are completely removed....not marked as settled, but removed.

If you settle without the defaults removed it becomes more difficult to get rid of them.

 

Regards, Rooster.

[pt2537]

thanks rooster.

 

 

just wondering as i have a claim against lloyds tsb and black horse finance can i combine the claims together? its just that lloyds and black horse are effectivley the same company and funds are a little tight to pay for two court claims at the same time other wise i will have to wait till one claim is settled to pay for the other

[Sparkie1723]

BLack Horse Finance accounts

 

Can you give me the EXACT names of these companies you had the agreements with and the dates when they started I got some info that MIGHT help you it just depends on the actual company of that group.

Some of them have /are and will be in alittle bit of "official trouble" I'm not kidding but it depends which company you are involved with.

 

Sparkie1723

[pt2537]

 

Black Horse Personal Finance

 

 

 

2nd floor, Scottish Equitable House, 5-7, Brunswick Place, Southampton, Hampshire

 

thats the local office of the company i am dealing with

 

with regards to start dates

 

acc 1 started on18/02/2000

acc 2 started on 08/05/2000

 

 

regards

 

paul

[Sparkie1723]

change infoPT2537

Hiya Paul

 

Black Horse Finance Ltd are incorrectly registerd as a data processor with the Information Commissioners Office

Their Reg Office is in Gresham Street London the Data Protection Act states that a limited company must give the Information Commissioners Office its registered address for its license

This company is and has been committing a criminal offence under the Data Protection Act 1998 section 19.

write and tell them you are goung to make the ICO aware of this Processing data with ahile committing criminal offences

 

see below Sarkie1723

 

Registration Number: Z7591544

Date Registered: 23 January 2003 Registration Expires: 22 January 2007

 

Data Controller: BLACK HORSE PERSONAL FINANCE LTD

Address:

51 HOLDENHURST ROAD

BOURNEMOUTH

BH8 8EP

 

This register entry describes, in very general terms, the personal data being processed by:

BLACK HORSE PERSONAL FINANCE LTD

This register entry contains personal data held for 9 purpose(s)

[pt2537]

Hi Sparkie1723

 

thanks i will take up this issue with balck horse and if they arent interested then i will take it up with the information commissioners office to see if they are interested in taking up the case.

 

thanks again

 

regards

 

paul

[pt2537]

well,

ive just had an email form Lloyds TSB - Customer Service Recovery,Birmingham informing me that they have recieved my request for statements. however on the 10th they said they had received my request at their customer service centre and had to transfer it to birmingham.so now 2 days have passed and this bloke who emailed me this morning is claiming he has 40 days from today? i thought it was 40 days from the point they recieve the request at which ever branch i sent the request and not at the point which their internal mail reroutes it to the correct departmert.

 

can someone please clarify this for me please

[BARTY]

Hi Paul

I'm sure you are right, 40 days from when they first receive the request.

Barty:)

[pt2537]

Hi BARTY

 

thanks for that.

 

i will start the clock ticking from wednesday 10th jan and not today as they state which means i should have the statements by 19th feb at the latest

 

 

i will update this post when i get any more info

 

 

thanks again

paul

[Sparkie1723]

SDAR's

 

The time starts from yhr time they cash th cheque, once they have done that the clock ticks they cannot put up any kind of excuse the fact that they have cashed the cheque is proof they have received your SDAR,

 

Dont take any excuse and tell them exactly that..... if they dont supply you within the 40 days they ARE in breach of the Act

 

FACT....

 

Another thing to consider ....because they are not registered correctly ...even supplying you with the info they are breaching the ACT by processing info to you while being incorrectly registered....technical legal point.

Sparkie1723

[pt2537]

Hi Sparkie1723

 

 

this S A R is reference to lloyds tsb bank as im having a go at uncle Lloyds as well as Black Horse Finance.

 

i made the request via email with a hard copy letter in the post and they have replied by saying that they have recieved my request along with my authority to deduct the funds from my bank account ( this was sent through lloyds secure email to their customer service) then 2 days later they send a further email saying that they have 40 days from today as far as im concerned im gonna take it as 40 days from the 10th as they have already deducted the money from my bank. in fact for some reason they have taken it twice and debited 20 for the service:mad:

 

however with regardsto black horse i have spoken to a contact i have within the info comm`s office who is gonna look at this issue of registration so i will keep you posted

 

 

regards

 

paul

[pt2537]

BARSTEWARDS !!!!!! LLOYDS TSB have taken a shed load of money from my account for my S.A.R . they initially took 20 quid instead of 10 then when i questioned it with them they told me they would refund it now when i checked my bank statement online tonight i find that they have taken well over 100 quid for my request. i guess they are trying to charge me 10 per page of my statements!!! still i have sent them an email which is about to be followed up by a phone call to their customer services department. this is the email i sent them....

 

Dear Mr Bowden

i wish to bring to your attention AS A MATTER OF URGENCY that my authority to deduct the sum of 10 pounds from my current account was in accordance with the DATA PROTECTION ACT 1998 a one time only payment for all the statements from january 2001 to january 2007. however i note that from checking my bank statement Lloyds TSB have made 11 deductions of ten pounds each from my account ( see copy below) this is unlawful and not in accordance with the DPA guidelines which clearly state that the maximum you can charge for a Subject Access Request is TEN pounds for the complete set of statements going back to a maximum of six years

please with immediate effect refund all the funds over and above the initial ten pounds fee to my account

COULDNOT INCLUDE A COPY OF THE BANK STATEMENT ON HERE AS IT WOULDNT ALLOW IT DUE TO SIZE? ANYWAY THERE WAS 11 CHARGES OF TEN POUNDS

should this error incur me any cost whatsoever i will seek recovery from LloydsTSB Bank

my letter clearly states what i require from the bank and i cannot understand how this could have happened

Please enlighten me

hopefully this should get the desired response

 

any advice though would be greatly recieved

 

Cheers

Paul

[BARTY]

Hi Paul

That is awful, what swines. I've no advice, but this will bump it up to top, I'm sure someone will be along with some good advice soon.

Barty:)

[pt2537]

Just received a email from the info commisioners office as i sent them an email asking them to look into the fact that Black Horse may not have supplied them with the correct contact details for their data controller. on the info comm's register black horse are registered at holdenhurst road in bounemouth which is incorrect as their office is in london and this was confirmed to me by their call centre in wales,they said that they have not been at holdenhurst road since the company changed its name from chartered trust to black horse many years ago . form reading the email it seems im not the only one to log a complaint with them

19th January 2007

Reference: ENQ0147023

Dear Mr *********

Thank you for your email of 10th January 2007 concerning Black Horse.

Our investigations department is already looking into the issues you have raised. I have therefore referred your email over to them so that they can keep you updated as to their progress.

Yours sincerely

Helen Raftery

Casework and Advice Manager

 

 

The original of this email was scanned for viruses by Government Secure Intranet (GSi) virus scanning service supplied exclusively by Cable & Wireless in partnership with MessageLabs.

On leaving the GSI this email was certified virus free.

The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

 

 

i will update this thread when i get a further response

 

 

regards

paul

[Sparkie1723]

pt2357

Hi ya PT I reported 5 of the Black Horse group for being incorrectly registered and one not registered at all. I

had an Investigator from the Information Commissioners Office visit me at home last wednesday he was with me for over 3 hrs as I had reported another bank for offences as well.

Any way that why they are now taking some notice and the more that report Black Horse Personal Finance Ltd the better, but I can assure everyone they are in the S***t. The investigator is going to start it flyng so the BLack Horse group had better paint that horse a different colour.....possibly BROWN!!!

 

sparkie1723:D :D

[pt2537]

Well,

 

i thought i had better update this thread as i have been tied up with other claims against barclays,first national,egg and many others

 

sent my prelim letter and got the usual S*D OFF letter in reply

 

then sent LBA on 1st march still not got a reply to the LBA so i thought im not giving them any longer and this morning i filed the N1 form at the southampton county court so its a waiting game now for the courts to approve my claim for fee exemption then the claim will be served

 

i will update when i get some more info

[pt2537]

well, this morning i recieved my N1 form back from the county court along with a notice of issue

 

my claim was issued on the 19th march, it will be deemed served on 27th march and Lloyds TSB have til 10th April to reply

 

 

cant wait

 

paul

[pt2537]

hi everyone,

 

does anyone know how to get details of claim posted in the "litigation in progress" section. i tried to post my details as i have launched a claim against lloyds tsb but it wouldnt let me post there, apparently i dont have high enough authority

 

 

any ideas?

 

paul

[BARTY]

Hi Paul

You need to send a PM to one of the Mods with all the detail.

Barty:)

[pt2537]

Cheers BARTY,

[pt2537]

well, i called the court today and it appears that lloyds are intending to defend the claim. theyve got til the 24th april to file a defence. from reading the other threads in this forum it appear pretty standard

[pt2537]

Hi all,

 

Today i recieved a "notice that acknowledgement of service has been filed". it says "the defendant has responded to the claim indicating an intention to defend all of the claim" and the solicitors are SC&M .(

well theres a surprise!!)

 

cant wait til the 24th april when they send me their standard defence

[pt2537]

hi everyone,

 

well today i recieved lloyds defence, it looks pretty standard 9 point defence, fees are not a penalty blah blah blah.

 

i have til the 12 may to submit my allocation questionaire and am gonna use the draft order for directions etc

 

i will update here again when i get any more info

 

paul

[pt2537]

Well, good news i think!!!

i just recieved an order made by the district judge at my local county court (southampton thankfully and not Birmingham for obvious reasons) the order states

1. claim allocated to small claims track

2. teh defendant shall by 4.00 pm on 11th june file and serve a response to the claimants schedule, stating in respect ofeach item claimed.

A) pursuant to what contractual provision such charge was made,producing a copy of the contractual document relied upon.

B) a written statement of all facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable

C) copies of decided cases and other legal materials to be relied upon

if the defendant fails to comply with this order the defence shall be struck out without further order

i used the draft order for directions as per GaryH's guidance and im a little confused that the judge has not asked me to submit anything, is this normal?

any advice on this would be greatly recieved

regards

paul