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  • #16
    Re: Lloyds 1978 cc

    Hi oscar,

    They have an obligation under the regs to NOT mislead you. Hence any failure to respond provides grounds for formal complaint to the OFT.

    If in the end proceedings were issued, this would form part of the evidence trail you could use against them. I have never real seen it as a big stick with which to beat them but really in the context as said here. If they don't respond as has happened in one instance for us then, they don't have the docs. But think of it this way, if they respond yes then there is no earthly or legal reason why they cannot respond in full to a s78 request. If they no and then issue proceedings and turn up in court with an original or recon document then they have admitted what is tantamount to a criminal offence.

    One of the real knowledgable of people on here on this subject is Priority One and she has had some real tangible success in getting creditors to back down with this.

    regards
    Garlok

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    • #17
      Re: Lloyds 1978 cc

      Hi all

      well still no response to my CPUTR letter and nothing back from my SAR, not even a letter saying it will be dealt with or running late
      I have checked and they did receive it

      so do I contact the OFT and just tell them I made a request under CPUTR and they have not replyed
      thanks NW
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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      • #18
        Re: Lloyds 1978 cc

        Hi all

        received this as a reply to my CPUTR request
        Attached Files
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #19
          Re: Lloyds 1978 cc

          There you go then, this is the normal response from a bank to such requests that can go ignored as irrelevent thus I tend not to suggest sending such (usually) - however just move on now, see what they do next (if anything)......
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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          • #20
            Re: Lloyds 1978 cc

            hi

            have received my (OH) SAR it states
            The majority of contracts we hold between the bank and our customers are not held in relevant filing systems and are therefore not subject to the right of subject access under the DPA.

            but hidden away in the middle of it i came across this little nugget

            04/2011 request for copy signed application to be faxed to Edinburgh.

            04/2011 General support and processing, UNABLE to find application in general support and processing, request not sent to aquire as account opened prior to their records

            I am assuming they have not got IT
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #21
              Re: Lloyds 1978 cc

              Awesome - looking good eh? A SAR can be handy at times, especially if they do send all system notes...... idiots eh?
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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              • #22
                Re: Lloyds 1978 cc

                I thought the 6 mths that you have to refer a case to the FOS did not start until all avenues had been exhausted with the bank ?

                That is certainly the impression I got in a deadlock letter from the Co-op.

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                • #23
                  Re: Lloyds 1978 cc

                  Originally posted by pompeyfaith View Post
                  I thought the 6 mths that you have to refer a case to the FOS did not start until all avenues had been exhausted with the bank ?

                  That is certainly the impression I got in a deadlock letter from the Co-op.
                  You get 6 months from the date of the banks final response letter...... but to avoid that, you just wait a year and then start a different complaint with the bank, then bring the old complaint back into things and then you get a new complaint and a new FOS timescale.

                  Easy to beat the system, easier to play it
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • #24
                    Re: Lloyds 1978 cc

                    As I thought so what they are saying in the letter above is bullshite and that in it's self tells me that they are holding back and not truthful.

                    Clearly trying to stop a complaint to the FOS me thinks so what are they hiding.



                    Last paragraph hmmmmm
                    Last edited by pompeyfaith; 23 December 2011, 14:21.

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                    • #25
                      Re: Lloyds 1978 cc

                      just found something else

                      I wrote to them2010 asking for them to remove markers from CRA file as payments had been sent and they had ignored previous letters, also pointing out that they had sent a Default and had said they were going to apply it to the cedit file, but as they had regestered a default in 2002 they could not enter another one
                      the reply was , more or less 'yes we can'

                      but have found this 26/04 ; email; cr manager to check how many defaults on file as customer querying default being applied-advice given await response

                      28/04, email; to adv on points given in ds letter-advised that we can remove default and adverse however payments must remain incoming as default can not be re-applied await outcome

                      they never sent me that one!!
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                      • #26
                        Re: Lloyds 1978 cc

                        Originally posted by pompeyfaith View Post
                        As I thought so what they are saying in the letter above is bullshite and that in it's self tells me that they are holding back and not truthful.

                        Clearly trying to stop a complaint to the FOS me thinks so what are they hiding.



                        Last paragraph hmmmmm
                        No, what they're saying is kinda true but I am saying that you can get round this by creating a new complaint incorporating the previous one.

                        A lender may well give 6 months to go to the FOS but you may be awaiting other info or anything so to alleviate their unfair processes (the FOS rarely allow extensions) we just start a new complaint, easiest way is to send a SAR and fish for anything else that you feel is pertinent.
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                        • #27
                          Re: Lloyds 1978 cc

                          Originally posted by nightwatch View Post
                          just found something else

                          I wrote to them2010 asking for them to remove markers from CRA file as payments had been sent and they had ignored previous letters, also pointing out that they had sent a Default and had said they were going to apply it to the cedit file, but as they had regestered a default in 2002 they could not enter another one
                          the reply was , more or less 'yes we can'

                          but have found this 26/04 ; email; cr manager to check how many defaults on file as customer querying default being applied-advice given await response

                          28/04, email; to adv on points given in ds letter-advised that we can remove default and adverse however payments must remain incoming as default can not be re-applied await outcome

                          they never sent me that one!!
                          Sorry, can you elaborate? Please tell me you have this in writing?
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                          • #28
                            Re: Lloyds 1978 cc

                            I have the print out in front of me as i type

                            would you like to see it ??
                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                            • #29
                              Re: Lloyds 1978 cc

                              Originally posted by nightwatch View Post
                              I have the print out in front of me as i type

                              would you like to see it ??
                              Oooh yes please.... have you actually sorted this or what? I have not been following things but seriously, if you can get time to explain things then I'm sure we can kick some arse etc....

                              Basically what is happening and whats the status of the account? Are you chasing UE, are you paying, is there a live complaint, did you miss the complaint, what?

                              try and explain things to us as though we'd never spoke about it before - then i'll come back to you with anything you could do to sort things once and for all....
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                              • #30
                                Re: Lloyds 1978 cc

                                part way down
                                Attached Files
                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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