From LLoyds to SCM and now .... Buchanan Clark and Wells !!

[donbracho]

cheers mate have posted in debt section too

[donbracho]

Anyone got any ideas .... ??

[donbracho]

anyone ??? basically need to know is it unlawful for bank to combine the overdraft account and personal loan account ? they (lloyds) have passed the accounts onto BCW who have combined them

[lookinforinfo]

Donbracho, I think the reason your are not gettig much help on this is no one is quite sure what you mean when you say that the accounts have been combined. And on the one hand you are asking if it is lawful for bank [do you

mean any bank or your branch of the bank?] to combine accounts and then

you saythat BCW have combined them.

 

 

If you are saying that BCW have added the two totals together and are thus

chasing you for one amount, there would appear to be nothing wrong with that.

However, if they have merged the two accounts into one, then that is a

different matter altogether.

Certainly the bank could not do it, since your loan is subject to a separate

contract, and if BCW have bought the debt, the two accounts must still

remain separate.

 

Could you please explain what you mean by the accounts havie been combined, who did it, and do you know if BCW have bought the debts?

[donbracho]

hello sorry for the mistake !

right all correspondence from lloyds has been showing the two accounts seperated and two account numbers accordingly.

We received a letter from BCW with just a client ref number and the total amount owed,

no ref made to loan nor overdraft just .... our client LLoyds you owe 5 grand thats it !

[lookinforinfo]

BCW are debt collectors after all-I think you are expecting too much from them if you think they are aware of what they have done.

However, you could use it to your advantage and save £1. Send them a

CCA request. Then they will either have to supply you with both agreements,

or admit there are two accounts, and ask for another £1-and you might be

able to have some fun with them over it by insisting that as they gave you

the impression there was just one account, why should you pay for two

enquiries.

And if they only send the agreement for one account, then they are in breach

of the Act for the other one, and the amount they are claiming for the one

account does not match the amount they are asking for in their first letter to you.

You can have weeks of fun with them. Go on wind them up -you'll love it.

[donbracho]

aaaargh ! hello all have just checked over the schedule of charges fro my partner and have entered 3 amounts twice so the total owed is incorrect its 3209 instead of 3364 !! is it too late to change it or are we gonna get laughed outta court ? up at leeds mercntile june 28th

[Vital Spark]

right then folks after much reading and pilfering of other threads namely memmochsa !

have put together the lba with contractual interst included what do you guys and gals reckon to this.....his ....

 

You really shouldn't have included Donna's account details on here, should you?

 

Good luck anyway.

[donbracho]

no i shouldnt but then again if i were an expert i wouldnt be asking for advice would I ?

[GuidoT]

aaaargh ! hello all have just checked over the schedule of charges fro my partner and have entered 3 amounts twice so the total owed is incorrect its 3209 instead of 3364 !! is it too late to change it or are we gonna get laughed outta court ? up at leeds mercntile june 28th

 

Do not be concerned about this, it is trivial and will come out in the wash.

 

Ensure at court you have a correct schedule that you can present if necessary.

[Vital Spark]

Wasn't having a go, Donbracho. Did similar thing myself when I first started and, even after being told, I almost made the same error again (a few times).

[donbracho]

hey up all no worries vital spark any advice is good advice !

[donbracho]

hey up there thanks for the advice sent a CCA request .... i do not acknowledge this debt etc...with 1 pound postal order to BCW earlier in week received this reply from them today

i have requested a copy of the agreement will be with you shortly our clients request a 10 pound fee fro statemnt of accounts so a cheque made payable to LLoyds would be needed to sent direct to BCW with letter informing what payment is for please contact me if i can be of any further assitance

!!

So they want money off me to halp them comply to the request fully ! should i just ignore them refute it or what ?

[donbracho]

ah just re read my cca letter and it states plain and simple that

You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account

and

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974

so i should just write back reminding them of that fact ?

[lookinforinfo]

No, Don Bracho. They are the experts on the Consumer Credit Act-they know

it as well as the back of their hands. In fact their data controller will know

the Act word for word. [Yeah right].

 

Once you send the request, just sit back and wait. With luck they will mess

up and commit an offence. So don't make it easier for them-it is to your

advantage that they don't comply.

 

By Law, from the time you send the request they have two days plus twelve

working days [ie no weekends or bank holidays included] to supply the

required documents.

Should they fail to do so, they are consideded to be in default and are then

not allowed to enforce the debt. So they must not phone or write to you

demanding money nor should they charge interest on the amount if they are

doing so.

 

After a further month without supplying the paperwork, they commit an offence. In addition until they can produce the original agreement, the debt is

unenforceable-even by a Court.

 

So now you see why you don't want to help them. Ideally you would want them not to send the OA then you can work out what to do next.