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  • #16
    Re: Bosdog and Lloyds TSB

    Have a read here-------> Overdrafts - CCA Information
    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.

    Comment


    • #17
      Re: Bosdog and Lloyds TSB

      Hi I2D
      Thanks for the reply and link, I am a bit confused here ( Thick! ) does this mean that Niddys special letter (Overdrafts - CCA Info - post 64) is not the thing for me to send? I am not paying any token payments to this account, do you think I should be? also, there are £3694 of bank charges in this debt, might I be better trying again to get these removed (I know I lost with FOS) in return for paying some/all the balance?
      Thanks to all for any help and advice

      Comment


      • #18
        Re: Bosdog and Lloyds TSB

        Originally posted by bosdog View Post
        Hi I2D
        Thanks for the reply and link, I am a bit confused here ( Thick! ) does this mean that Niddys special letter (Overdrafts - CCA Info - post 64) is not the thing for me to send? I am not paying any token payments to this account, do you think I should be? also, there are £3694 of bank charges in this debt, might I be better trying again to get these removed (I know I lost with FOS) in return for paying some/all the balance?
        Thanks to all for any help and advice
        If it was my OD I Would be thinking about sending that letter ......
        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.

        Comment


        • #19
          Re: Bosdog and Lloyds TSB

          UPDATE 31/05/12

          Lloyds TSB Overdraft
          Account – Current Account opened before 2002
          Overdraft Limit – 4k
          Current – Default 20/10/2010
          Default Amount - £4.5k
          Status – No payments since March 2010



          May 2009 letter sent to Lloyds requesting repayment of all default charges levied to account since 2002, also request it is dealt with at once due to my financial hardship. Total amount £3694

          29 May 2009 Letter received from Lloyds “will respond within 4 weeks.........”

          June 2009 received letter from Lloyds stating copy sent to collections team…… test case underway…

          9th Sep 2009 sent to Lloyds explaining that “I have had no satisfactory response from May letter….I am under severe financial hardship…. I am no longer eligible for job seekers allowance…… am still being levied interest and further charges…..7 day response needed or will go to fos”

          15th Sep 2009 Received from lloyds“we are very sorry to hear of your concerns……let me assure you your complaint is getting the attention it deserves….”

          16th September 2009 received from lloyds “thank you for getting in touch with us again….we have updated our files to make a note of any further letters and additional points you have raised…..as explained in previous letter Lloyds tsb is currently involved in legal proceedings with oft…..

          21st Sep 2009 Complaint sent to oft claiming charges do not reflect true cost etc and that I am experiencing financial difficulties

          8th October Reply from oft. “we will now ask Lloyds for further info…etc”

          October 2009 received from Lloyds “we are aware you have made a claim in relation to your overdraft charges which is currently on hold……you still owe us this debt…we will not make any further payments from this account…until resolved we have decided to waive further interest and charges and have decided to stopactively taking steps to collect the amount you owe for the time being….should we consider your circumstances have changed, or once your claim has been dealt with , we intend to actively start collecting again any amount you owe..

          19th October 2009 from Lloyds “your complaint is about overdraft charges applied to your account and, as you are aware, most of these cases are on hold pending the outcome of the High Court test case. However as you say you are experiencing financial hardship we will now consider how the bank has handled this case… we have assigned your account to our dedicated hardship team…”

          11 Nov 2009 Letter from Lloyds “we wanted to let you know that we’ve made all the payments that you arranged to come out of your account this morning. Unfortunately because there was not enough money in your account to cover all of them, we have agreed to provide you with an unplanned overdraft..

          18 November 2009 from oft “your case has been referred to me … I am an adjudicator… I will look at both sides of the complaint etc

          Note : goes a bit patchy here as head went in sand due to Cahoot loan and personal life issues.

          From memory, fos did not agree that charges etc were wrong, Lloyds defaulted me on 20 Oct 2010

          15th April 2011 Received letter HL Legal notice of pending legal action, 7 days… court action may be taken
          ignored

          30th August 2011 Letter received from Credit Security ltd “once again you
          have ignored our letter”

          9th September 2011 letter received from Credit Security Ltd “unless we receive payment/proposal by 23rd Sep 2011 a claim will be prepared….”

          12th Sep 2011 Prove it letter sent

          15th Feb 2012 Received by Robinson Way “our client has authorized us to recover the full amount you owe (4.5k) if you cannot pay in full call us to discuss payment plan….. if you do not we will advise our client to start court action”

          20/02/12 sent a CCa request to RW as suggested by Niddy

          23/02/12 Received response from Robinson Way that they are requesting the information I have asked for and that they are sending me a further letter explaining their procedures from here, they have returned the postal order


          07/03/12 Letter from RW received in todays mail but is dated 23/02/12

          "following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due. Your account has been placed on a temporary delay pending receipt of this documentation and we will contact you again in due course."

          17/03/2012 Received from RW dated 15/03/12

          "further to your request for a copy statement in respect to the above account we now enclose a document for your immediate attention. We need to hear from you with your proposals for settlement of your account which is overdue for payment, WITHIN 10 DAYS"

          They have sent photo copies of some of the accounts monthly statements from October 08 to June 10, these show O/D interest, Unplanned O/D Fees and Account Charges of around £800 over this period. Most of the statements show an increase in the Account Overdraft limit and a change in the renewal date to the 3rd or 4th of the next month.

          30/03/12

          Letter from RW "this is a notice about your unpaid account which is in our hands to collect...call us without delay to pay using a dbit or credit card...."

          IGNORED

          13/04/12

          Letter from RW "you have not paid the sum you owe.......ring us today - we can agree a reduced balance...."

          IGNORED

          25/04/12

          From RW

          "we will allow your account to paid by affordable instalments of just £30 a month.....

          IGNORED


          07/05/12

          "Final Notice - Do Not Ignore this letter... you have not responded to our previous letter.... in the next 10 days I may arrange for our Local Representative to call at your home......"


          Ignore or send visit letter?

          16/05/12 sent Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit

          after advice from In 2 Deep ( thanks )

          23/05/12 Received from RW "we refer to your recent request not to be contacted by phone......your number has been removed....you remain liable for payment of balance owing...futher action may still be taken.. if you have not provided us with repayment proposals, please contact us within next 14 days."
          IGNORE?

          24/05/12 Received from RW
          "ref your recent contact our client has informed us that this balance relates to your current account and as such is exempt from part V of the Consumer Credit Act 1974. No copy agreement is available on your account. We trust this resolves your query....proposals for payment within next 14 days"

          31/05/12 Sent Niddy Special Letter, reference link - Unenforceability/Overdrafts/Cca info/post 64
          Last edited by bosdog; 4 April 2015, 08:42.

          Comment


          • #20
            Re: Bosdog and Lloyds TSB

            UPDATE 11/06/12
            Lloyds TSB Overdraft
            Account – Current Account opened before 2002
            Overdraft Limit – 4k
            Current – Default 20/10/2010
            Default Amount - £4.5k
            Status – No payments since March 2010



            May 2009 letter sent to Lloyds requesting repayment of all default charges levied to account since 2002, also request it is dealt with at once due to my financial hardship. Total amount £3694

            29 May 2009 Letter received from Lloyds “will respond within 4 weeks.........”

            June 2009 received letter from Lloyds stating copy sent to collections team…… test case underway…

            9th Sep 2009 sent to Lloyds explaining that “I have had no satisfactory response from May letter….I am under severe financial hardship…. I am no longer eligible for job seekers allowance…… am still being levied interest and further charges…..7 day response needed or will go to fos”

            15th Sep 2009 Received from lloyds“we are very sorry to hear of your concerns……let me assure you your complaint is getting the attention it deserves….”

            16th September 2009 received from lloyds “thank you for getting in touch with us again….we have updated our files to make a note of any further letters and additional points you have raised…..as explained in previous letter Lloyds tsb is currently involved in legal proceedings with oft…..

            21st Sep 2009 Complaint sent to oft claiming charges do not reflect true cost etc and that I am experiencing financial difficulties

            8th October Reply from oft. “we will now ask Lloyds for further info…etc”

            October 2009 received from Lloyds “we are aware you have made a claim in relation to your overdraft charges which is currently on hold……you still owe us this debt…we will not make any further payments from this account…until resolved we have decided to waive further interest and charges and have decided to stopactively taking steps to collect the amount you owe for the time being….should we consider your circumstances have changed, or once your claim has been dealt with , we intend to actively start collecting again any amount you owe..

            19th October 2009 from Lloyds “your complaint is about overdraft charges applied to your account and, as you are aware, most of these cases are on hold pending the outcome of the High Court test case. However as you say you are experiencing financial hardship we will now consider how the bank has handled this case… we have assigned your account to our dedicated hardship team…”

            11 Nov 2009 Letter from Lloyds “we wanted to let you know that we’ve made all the payments that you arranged to come out of your account this morning. Unfortunately because there was not enough money in your account to cover all of them, we have agreed to provide you with an unplanned overdraft..

            18 November 2009 from oft “your case has been referred to me … I am an adjudicator… I will look at both sides of the complaint etc

            Note : goes a bit patchy here as head went in sand due to Cahoot loan and personal life issues.

            From memory, fos did not agree that charges etc were wrong, Lloyds defaulted me on 20 Oct 2010

            15th April 2011 Received letter HL Legal notice of pending legal action, 7 days… court action may be taken
            ignored

            30th August 2011 Letter received from Credit Security ltd “once again you
            have ignored our letter”

            9th September 2011 letter received from Credit Security Ltd “unless we receive payment/proposal by 23rd Sep 2011 a claim will be prepared….”

            12th Sep 2011 Prove it letter sent

            15th Feb 2012 Received by Robinson Way “our client has authorized us to recover the full amount you owe (4.5k) if you cannot pay in full call us to discuss payment plan….. if you do not we will advise our client to start court action”

            20/02/12 sent a CCa request to RW as suggested by Niddy

            23/02/12 Received response from Robinson Way that they are requesting the information I have asked for and that they are sending me a further letter explaining their procedures from here, they have returned the postal order


            07/03/12 Letter from RW received in todays mail but is dated 23/02/12

            "following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due. Your account has been placed on a temporary delay pending receipt of this documentation and we will contact you again in due course."

            17/03/2012 Received from RW dated 15/03/12

            "further to your request for a copy statement in respect to the above account we now enclose a document for your immediate attention. We need to hear from you with your proposals for settlement of your account which is overdue for payment, WITHIN 10 DAYS"

            They have sent photo copies of some of the accounts monthly statements from October 08 to June 10, these show O/D interest, Unplanned O/D Fees and Account Charges of around £800 over this period. Most of the statements show an increase in the Account Overdraft limit and a change in the renewal date to the 3rd or 4th of the next month.

            30/03/12

            Letter from RW "this is a notice about your unpaid account which is in our hands to collect...call us without delay to pay using a dbit or credit card...."

            IGNORED

            13/04/12

            Letter from RW "you have not paid the sum you owe.......ring us today - we can agree a reduced balance...."

            IGNORED

            25/04/12

            From RW

            "we will allow your account to paid by affordable instalments of just £30 a month.....

            IGNORED


            07/05/12

            "Final Notice - Do Not Ignore this letter... you have not responded to our previous letter.... in the next 10 days I may arrange for our Local Representative to call at your home......"


            Ignore or send visit letter?

            16/05/12 sent Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit

            after advice from In 2 Deep ( thanks )

            23/05/12 Received from RW "we refer to your recent request not to be contacted by phone......your number has been removed....you remain liable for payment of balance owing...futher action may still be taken.. if you have not provided us with repayment proposals, please contact us within next 14 days."
            IGNORE?

            24/05/12 Received from RW
            "ref your recent contact our client has informed us that this balance relates to your current account and as such is exempt from part V of the Consumer Credit Act 1974. No copy agreement is available on your account. We trust this resolves your query....proposals for payment within next 14 days"

            31/05/12 Sent Niddy Special Letter, reference link - Unenforceability/Overdrafts/Cca info/post 89




            08/06/12 From RW
            "thank you for recent contact..as previously advised, our client has rejected your dispute and you remain fully liable for the balance outstanding. In the absence of any alternative dispute, we are unable to defer payment on this account and we now require your proposals of payment within the next 14 days. After this time collection activity will resume.
            Last edited by bosdog; 4 April 2015, 08:43. Reason: 31/05/12 entry should refer to post 89

            Comment


            • #21
              Re: Bosdog and Lloyds TSB

              Originally posted by bosdog View Post
              08/06/12 From RW
              "thank you for recent contact..as previously advised, our client has rejected your dispute and you remain fully liable for the balance outstanding. In the absence of any alternative dispute, we are unable to defer payment on this account and we now require your proposals of payment within the next 14 days. After this time collection activity will resume.
              Oh well, see what they want to do next 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!

              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

              Comment


              • #22
                Re: Bosdog and Lloyds TSB

                UPDATE 02/07/12

                Lloyds TSB Overdraft
                Account – Current Account opened before 2002
                Overdraft Limit – 4k
                Current – Default 20/10/2010
                Default Amount - £4.5k
                Status – No payments since March 2010



                May 2009 letter sent to Lloyds requesting repayment of all default charges levied to account since 2002, also request it is dealt with at once due to my financial hardship. Total amount £3694

                29 May 2009 Letter received from Lloyds “will respond within 4 weeks.........”

                June 2009 received letter from Lloyds stating copy sent to collections team…… test case underway…

                9th Sep 2009 sent to Lloyds explaining that “I have had no satisfactory response from May letter….I am under severe financial hardship…. I am no longer eligible for job seekers allowance…… am still being levied interest and further charges…..7 day response needed or will go to fos”

                15th Sep 2009 Received from lloyds“we are very sorry to hear of your concerns……let me assure you your complaint is getting the attention it deserves….”

                16th September 2009 received from lloyds “thank you for getting in touch with us again….we have updated our files to make a note of any further letters and additional points you have raised…..as explained in previous letter Lloyds tsb is currently involved in legal proceedings with oft…..

                21st Sep 2009 Complaint sent to oft claiming charges do not reflect true cost etc and that I am experiencing financial difficulties

                8th October Reply from oft. “we will now ask Lloyds for further info…etc”

                October 2009 received from Lloyds “we are aware you have made a claim in relation to your overdraft charges which is currently on hold……you still owe us this debt…we will not make any further payments from this account…until resolved we have decided to waive further interest and charges and have decided to stopactively taking steps to collect the amount you owe for the time being….should we consider your circumstances have changed, or once your claim has been dealt with , we intend to actively start collecting again any amount you owe..

                19th October 2009 from Lloyds “your complaint is about overdraft charges applied to your account and, as you are aware, most of these cases are on hold pending the outcome of the High Court test case. However as you say you are experiencing financial hardship we will now consider how the bank has handled this case… we have assigned your account to our dedicated hardship team…”

                11 Nov 2009 Letter from Lloyds “we wanted to let you know that we’ve made all the payments that you arranged to come out of your account this morning. Unfortunately because there was not enough money in your account to cover all of them, we have agreed to provide you with an unplanned overdraft..

                18 November 2009 from oft “your case has been referred to me … I am an adjudicator… I will look at both sides of the complaint etc

                Note : goes a bit patchy here as head went in sand due to Cahoot loan and personal life issues.

                From memory, fos did not agree that charges etc were wrong, Lloyds defaulted me on 20 Oct 2010

                15th April 2011 Received letter HL Legal notice of pending legal action, 7 days… court action may be taken
                ignored

                30th August 2011 Letter received from Credit Security ltd “once again you
                have ignored our letter”

                9th September 2011 letter received from Credit Security Ltd “unless we receive payment/proposal by 23rd Sep 2011 a claim will be prepared….”

                12th Sep 2011 Prove it letter sent

                15th Feb 2012 Received by Robinson Way “our client has authorized us to recover the full amount you owe (4.5k) if you cannot pay in full call us to discuss payment plan….. if you do not we will advise our client to start court action”

                20/02/12 sent a CCa request to RW as suggested by Niddy

                23/02/12 Received response from Robinson Way that they are requesting the information I have asked for and that they are sending me a further letter explaining their procedures from here, they have returned the postal order


                07/03/12 Letter from RW received in todays mail but is dated 23/02/12

                "following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due. Your account has been placed on a temporary delay pending receipt of this documentation and we will contact you again in due course."

                17/03/2012 Received from RW dated 15/03/12

                "further to your request for a copy statement in respect to the above account we now enclose a document for your immediate attention. We need to hear from you with your proposals for settlement of your account which is overdue for payment, WITHIN 10 DAYS"

                They have sent photo copies of some of the accounts monthly statements from October 08 to June 10, these show O/D interest, Unplanned O/D Fees and Account Charges of around £800 over this period. Most of the statements show an increase in the Account Overdraft limit and a change in the renewal date to the 3rd or 4th of the next month.

                30/03/12

                Letter from RW "this is a notice about your unpaid account which is in our hands to collect...call us without delay to pay using a dbit or credit card...."

                IGNORED

                13/04/12

                Letter from RW "you have not paid the sum you owe.......ring us today - we can agree a reduced balance...."

                IGNORED

                25/04/12

                From RW

                "we will allow your account to paid by affordable instalments of just £30 a month.....

                IGNORED


                07/05/12

                "Final Notice - Do Not Ignore this letter... you have not responded to our previous letter.... in the next 10 days I may arrange for our Local Representative to call at your home......"


                Ignore or send visit letter?

                16/05/12 sent Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit

                after advice from In 2 Deep ( thanks )

                23/05/12 Received from RW "we refer to your recent request not to be contacted by phone......your number has been removed....you remain liable for payment of balance owing...futher action may still be taken.. if you have not provided us with repayment proposals, please contact us within next 14 days."
                IGNORE?

                24/05/12 Received from RW
                "ref your recent contact our client has informed us that this balance relates to your current account and as such is exempt from part V of the Consumer Credit Act 1974. No copy agreement is available on your account. We trust this resolves your query....proposals for payment within next 14 days"

                31/05/12 Sent Niddy Special Letter, reference link - Unenforceability/Overdrafts/Cca info/post 89




                08/06/12 From RW
                "thank you for recent contact..as previously advised, our client has rejected your dispute and you remain fully liable for the balance outstanding. In the absence of any alternative dispute, we are unable to defer payment on this account and we now require your proposals of payment within the next 14 days. After this time collection activity will resume.

                26/06/12 Sent part 2 response of Niddy Special ref : Unenforceability/Overdrafts/Cca info/post 89

                30/06/12 Letter received from Horwich Farrelly Solicitors "we have received instructions from RW to claim full payment of this account......you can contact us directly by phone......please do not ignore this letter our clients want to agree payment terms without having to take further action...."



                04/07/12 does this need responding to? thanx all
                Last edited by bosdog; 4 April 2015, 08:43. Reason: addition of question

                Comment


                • #23
                  Re: Bosdog and Lloyds TSB

                  UPDATE 04/07/12 Lloyds TSB Overdraft
                  Account – Current Account opened before 2002
                  Overdraft Limit – 4k
                  Current – Default 20/10/2010
                  Default Amount - £4.5k
                  Status – No payments since March 2010
                  Account Charges for missed DD's etc included in this default amount are + £3600



                  May 2009 letter sent to Lloyds requesting repayment of all default charges levied to account since 2002, also request it is dealt with at once due to my financial hardship. Total amount £3694

                  29 May 2009 Letter received from Lloyds “will respond within 4 weeks.........”

                  June 2009 received letter from Lloyds stating copy sent to collections team…… test case underway…

                  9th Sep 2009 sent to Lloyds explaining that “I have had no satisfactory response from May letter….I am under severe financial hardship…. I am no longer eligible for job seekers allowance…… am still being levied interest and further charges…..7 day response needed or will go to fos”

                  15th Sep 2009 Received from lloyds“we are very sorry to hear of your concerns……let me assure you your complaint is getting the attention it deserves….”

                  16th September 2009 received from lloyds “thank you for getting in touch with us again….we have updated our files to make a note of any further letters and additional points you have raised…..as explained in previous letter Lloyds tsb is currently involved in legal proceedings with oft…..

                  21st Sep 2009 Complaint sent to oft claiming charges do not reflect true cost etc and that I am experiencing financial difficulties

                  8th October Reply from oft. “we will now ask Lloyds for further info…etc”

                  October 2009 received from Lloyds “we are aware you have made a claim in relation to your overdraft charges which is currently on hold……you still owe us this debt…we will not make any further payments from this account…until resolved we have decided to waive further interest and charges and have decided to stopactively taking steps to collect the amount you owe for the time being….should we consider your circumstances have changed, or once your claim has been dealt with , we intend to actively start collecting again any amount you owe..

                  19th October 2009 from Lloyds “your complaint is about overdraft charges applied to your account and, as you are aware, most of these cases are on hold pending the outcome of the High Court test case. However as you say you are experiencing financial hardship we will now consider how the bank has handled this case… we have assigned your account to our dedicated hardship team…”

                  11 Nov 2009 Letter from Lloyds “we wanted to let you know that we’ve made all the payments that you arranged to come out of your account this morning. Unfortunately because there was not enough money in your account to cover all of them, we have agreed to provide you with an unplanned overdraft..

                  18 November 2009 from oft “your case has been referred to me … I am an adjudicator… I will look at both sides of the complaint etc

                  Note : goes a bit patchy here as head went in sand due to Cahoot loan and personal life issues.

                  From memory, fos did not agree that charges etc were wrong, Lloyds defaulted me on 20 Oct 2010

                  15th April 2011 Received letter HL Legal notice of pending legal action, 7 days… court action may be taken
                  ignored

                  30th August 2011 Letter received from Credit Security ltd “once again you
                  have ignored our letter”

                  9th September 2011 letter received from Credit Security Ltd “unless we receive payment/proposal by 23rd Sep 2011 a claim will be prepared….”

                  12th Sep 2011 Prove it letter sent

                  15th Feb 2012 Received by Robinson Way “our client has authorized us to recover the full amount you owe (4.5k) if you cannot pay in full call us to discuss payment plan….. if you do not we will advise our client to start court action”

                  20/02/12 sent a CCa request to RW as suggested by Niddy

                  23/02/12 Received response from Robinson Way that they are requesting the information I have asked for and that they are sending me a further letter explaining their procedures from here, they have returned the postal order


                  07/03/12 Letter from RW received in todays mail but is dated 23/02/12

                  "following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due. Your account has been placed on a temporary delay pending receipt of this documentation and we will contact you again in due course."

                  17/03/2012 Received from RW dated 15/03/12

                  "further to your request for a copy statement in respect to the above account we now enclose a document for your immediate attention. We need to hear from you with your proposals for settlement of your account which is overdue for payment, WITHIN 10 DAYS"

                  They have sent photo copies of some of the accounts monthly statements from October 08 to June 10, these show O/D interest, Unplanned O/D Fees and Account Charges of around £800 over this period. Most of the statements show an increase in the Account Overdraft limit and a change in the renewal date to the 3rd or 4th of the next month.

                  30/03/12

                  Letter from RW "this is a notice about your unpaid account which is in our hands to collect...call us without delay to pay using a dbit or credit card...."

                  IGNORED

                  13/04/12

                  Letter from RW "you have not paid the sum you owe.......ring us today - we can agree a reduced balance...."

                  IGNORED

                  25/04/12

                  From RW

                  "we will allow your account to paid by affordable instalments of just £30 a month.....

                  IGNORED


                  07/05/12

                  "Final Notice - Do Not Ignore this letter... you have not responded to our previous letter.... in the next 10 days I may arrange for our Local Representative to call at your home......"


                  Ignore or send visit letter?

                  16/05/12 sent Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit

                  after advice from In 2 Deep ( thanks )

                  23/05/12 Received from RW "we refer to your recent request not to be contacted by phone......your number has been removed....you remain liable for payment of balance owing...futher action may still be taken.. if you have not provided us with repayment proposals, please contact us within next 14 days."
                  IGNORE?

                  24/05/12 Received from RW
                  "ref your recent contact our client has informed us that this balance relates to your current account and as such is exempt from part V of the Consumer Credit Act 1974. No copy agreement is available on your account. We trust this resolves your query....proposals for payment within next 14 days"

                  31/05/12 Sent Niddy Special Letter, reference link - Unenforceability/Overdrafts/Cca info/post 89




                  08/06/12 From RW
                  "thank you for recent contact..as previously advised, our client has rejected your dispute and you remain fully liable for the balance outstanding. In the absence of any alternative dispute, we are unable to defer payment on this account and we now require your proposals of payment within the next 14 days. After this time collection activity will resume.

                  26/06/12 Sent part 2 response of Niddy Special ref : Unenforceability/Overdrafts/Cca info/post 89

                  30/06/12 Letter received from Horwich Farrelly Solicitors "we have received instructions from RW to claim full payment of this account......you can contact us directly by phone......please do not ignore this letter our clients want to agree payment terms without having to take further action...."


                  04/07/12 does this need responding to? thanx all

                  04/07/12 In Today's mail
                  From HF Solcs, drafted on the same day as the auto letter mentioned 30/06/12
                  "we thank you for your recent correspondence.........this balance refers to your current account and such is exempt from part V of the Consumer Credit act 1974. No copy agreement is available on your record.
                  In the absence of any alternative dispute, we are unable to defer payment on this acc....payment props within 14 days or collections resume.."
                  Last edited by bosdog; 4 April 2015, 08:44.

                  Comment


                  • #24
                    Re: Bosdog and Lloyds TSB

                    Hi All
                    Maybe
                    From what I can understand, the opposition are claiming that current accounts are exempt from certain legislation and there is no requirement in my case for them to produce further documentation due to regulation.
                    However, my current account was a LLoyds Gold account, which had certain privileges! (holiday insurance , etc)
                    it incurred a monthly charge and required a signature on an agreement to initiate, so do they need to produce this form?
                    Does anyone think this change's anything?
                    Thanks all
                    Bos

                    Comment


                    • #25
                      Re: Bosdog and Lloyds TSB

                      Just send a copy of the request again and ask them to read the legislation.

                      Send a copy to both those that wrote to you.
                      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

                      Comment


                      • #26
                        Re: Bosdog and Lloyds TSB

                        Actually post 1 here

                        --> Overdrafts - CCA Information - allaboutFORUMS

                        Send second part of template after they respond with go away

                        Copy both in.
                        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

                        Comment


                        • #27
                          Re: Bosdog and Lloyds TSB

                          UPDATE
                          26/07/12


                          Lloyds TSB Overdraft
                          Account – Current Account opened before 2002
                          Overdraft Limit – 4k
                          Current – Default 20/10/2010
                          Default Amount - £4.5k
                          Status – No payments since March 2010
                          Account Charges for missed DD's etc included in this default amount are + £3600



                          May 2009 letter sent to Lloyds requesting repayment of all default charges levied to account since 2002, also request it is dealt with at once due to my financial hardship. Total amount £3694

                          29 May 2009 Letter received from Lloyds “will respond within 4 weeks.........”

                          June 2009 received letter from Lloyds stating copy sent to collections team…… test case underway…

                          9th Sep 2009 sent to Lloyds explaining that “I have had no satisfactory response from May letter….I am under severe financial hardship…. I am no longer eligible for job seekers allowance…… am still being levied interest and further charges…..7 day response needed or will go to fos”

                          15th Sep 2009 Received from lloyds“we are very sorry to hear of your concerns……let me assure you your complaint is getting the attention it deserves….”

                          16th September 2009 received from lloyds “thank you for getting in touch with us again….we have updated our files to make a note of any further letters and additional points you have raised…..as explained in previous letter Lloyds tsb is currently involved in legal proceedings with oft…..

                          21st Sep 2009 Complaint sent to oft claiming charges do not reflect true cost etc and that I am experiencing financial difficulties

                          8th October Reply from oft. “we will now ask Lloyds for further info…etc”

                          October 2009 received from Lloyds “we are aware you have made a claim in relation to your overdraft charges which is currently on hold……you still owe us this debt…we will not make any further payments from this account…until resolved we have decided to waive further interest and charges and have decided to stopactively taking steps to collect the amount you owe for the time being….should we consider your circumstances have changed, or once your claim has been dealt with , we intend to actively start collecting again any amount you owe..

                          19th October 2009 from Lloyds “your complaint is about overdraft charges applied to your account and, as you are aware, most of these cases are on hold pending the outcome of the High Court test case. However as you say you are experiencing financial hardship we will now consider how the bank has handled this case… we have assigned your account to our dedicated hardship team…”

                          11 Nov 2009 Letter from Lloyds “we wanted to let you know that we’ve made all the payments that you arranged to come out of your account this morning. Unfortunately because there was not enough money in your account to cover all of them, we have agreed to provide you with an unplanned overdraft..

                          18 November 2009 from oft “your case has been referred to me … I am an adjudicator… I will look at both sides of the complaint etc

                          Note : goes a bit patchy here as head went in sand due to Cahoot loan and personal life issues.

                          From memory, fos did not agree that charges etc were wrong, Lloyds defaulted me on 20 Oct 2010

                          15th April 2011 Received letter HL Legal notice of pending legal action, 7 days… court action may be taken
                          ignored

                          30th August 2011 Letter received from Credit Security ltd “once again you
                          have ignored our letter”

                          9th September 2011 letter received from Credit Security Ltd “unless we receive payment/proposal by 23rd Sep 2011 a claim will be prepared….”

                          12th Sep 2011 Prove it letter sent

                          15th Feb 2012 Received by Robinson Way “our client has authorized us to recover the full amount you owe (4.5k) if you cannot pay in full call us to discuss payment plan….. if you do not we will advise our client to start court action”

                          20/02/12 sent a CCa request to RW as suggested by Niddy

                          23/02/12 Received response from Robinson Way that they are requesting the information I have asked for and that they are sending me a further letter explaining their procedures from here, they have returned the postal order


                          07/03/12 Letter from RW received in todays mail but is dated 23/02/12

                          "following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due. Your account has been placed on a temporary delay pending receipt of this documentation and we will contact you again in due course."

                          17/03/2012 Received from RW dated 15/03/12

                          "further to your request for a copy statement in respect to the above account we now enclose a document for your immediate attention. We need to hear from you with your proposals for settlement of your account which is overdue for payment, WITHIN 10 DAYS"

                          They have sent photo copies of some of the accounts monthly statements from October 08 to June 10, these show O/D interest, Unplanned O/D Fees and Account Charges of around £800 over this period. Most of the statements show an increase in the Account Overdraft limit and a change in the renewal date to the 3rd or 4th of the next month.

                          30/03/12

                          Letter from RW "this is a notice about your unpaid account which is in our hands to collect...call us without delay to pay using a dbit or credit card...."

                          IGNORED

                          13/04/12

                          Letter from RW "you have not paid the sum you owe.......ring us today - we can agree a reduced balance...."

                          IGNORED

                          25/04/12

                          From RW

                          "we will allow your account to paid by affordable instalments of just £30 a month.....

                          IGNORED


                          07/05/12

                          "Final Notice - Do Not Ignore this letter... you have not responded to our previous letter.... in the next 10 days I may arrange for our Local Representative to call at your home......"


                          Ignore or send visit letter?

                          16/05/12 sent Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit

                          after help from In 2 Deep ( thanks )

                          23/05/12 Received from RW "we refer to your recent request not to be contacted by phone......your number has been removed....you remain liable for payment of balance owing...futher action may still be taken.. if you have not provided us with repayment proposals, please contact us within next 14 days."
                          IGNORE?

                          24/05/12 Received from RW
                          "ref your recent contact our client has informed us that this balance relates to your current account and as such is exempt from part V of the Consumer Credit Act 1974. No copy agreement is available on your account. We trust this resolves your query....proposals for payment within next 14 days"

                          31/05/12 Sent Niddy Special Letter, reference link - Unenforceability/Overdrafts/Cca info/post 89




                          08/06/12 From RW
                          "thank you for recent contact..as previously advised, our client has rejected your dispute and you remain fully liable for the balance outstanding. In the absence of any alternative dispute, we are unable to defer payment on this account and we now require your proposals of payment within the next 14 days. After this time collection activity will resume.

                          26/06/12 Sent part 2 response of Niddy Special ref : Unenforceability/Overdrafts/Cca info/post 89

                          30/06/12 Letter received from Horwich Farrelly Solicitors "we have received instructions from RW to claim full payment of this account......you can contact us directly by phone......please do not ignore this letter our clients want to agree payment terms without having to take further action...."


                          04/07/12 does this need responding to? thanx all

                          04/07/12 In Today's mail
                          From HF Solcs, drafted on the same day as the auto letter mentioned 30/06/12
                          "we thank you for your recent correspondence.........this balance refers to your current account and such is exempt from part V of the Consumer Credit act 1974. No copy agreement is available on your record.
                          In the absence of any alternative dispute, we are unable to defer payment on this acc....payment props within 14 days or collections resume.."

                          26/07/12 letter from HF solcs "we note that despite previous correspondence you have no resolved this debt....we urge you to pay in full...or affordable payment plan....."

                          26/07/12 Sent part 2 of OD letter again with copy of part 1 (cc Rob Way) to HF solcs
                          and Sent part 2 of OD letter again with copy of part 1 (cc HF solcs) to Rob Way
                          Last edited by bosdog; 4 April 2015, 08:44. Reason: .

                          Comment


                          • #28
                            Re: Bosdog and Lloyds TSB

                            UPDATE 06/08/12
                            Lloyds TSB Overdraft
                            Account – Current Account opened before 2002
                            Overdraft Limit – 4k
                            Current – Default 20/10/2010
                            Default Amount - £4.5k
                            Status – No payments since March 2010
                            Account Charges for missed DD's etc included in this default amount are + £3600



                            May 2009 letter sent to Lloyds requesting repayment of all default charges levied to account since 2002, also request it is dealt with at once due to my financial hardship. Total amount £3694

                            29 May 2009 Letter received from Lloyds “will respond within 4 weeks.........”

                            June 2009 received letter from Lloyds stating copy sent to collections team…… test case underway…

                            9th Sep 2009 sent to Lloyds explaining that “I have had no satisfactory response from May letter….I am under severe financial hardship…. I am no longer eligible for job seekers allowance…… am still being levied interest and further charges…..7 day response needed or will go to fos”

                            15th Sep 2009 Received from lloyds“we are very sorry to hear of your concerns……let me assure you your complaint is getting the attention it deserves….”

                            16th September 2009 received from lloyds “thank you for getting in touch with us again….we have updated our files to make a note of any further letters and additional points you have raised…..as explained in previous letter Lloyds tsb is currently involved in legal proceedings with oft…..

                            21st Sep 2009 Complaint sent to oft claiming charges do not reflect true cost etc and that I am experiencing financial difficulties

                            8th October Reply from oft. “we will now ask Lloyds for further info…etc”

                            October 2009 received from Lloyds “we are aware you have made a claim in relation to your overdraft charges which is currently on hold……you still owe us this debt…we will not make any further payments from this account…until resolved we have decided to waive further interest and charges and have decided to stopactively taking steps to collect the amount you owe for the time being….should we consider your circumstances have changed, or once your claim has been dealt with , we intend to actively start collecting again any amount you owe..

                            19th October 2009 from Lloyds “your complaint is about overdraft charges applied to your account and, as you are aware, most of these cases are on hold pending the outcome of the High Court test case. However as you say you are experiencing financial hardship we will now consider how the bank has handled this case… we have assigned your account to our dedicated hardship team…”

                            11 Nov 2009 Letter from Lloyds “we wanted to let you know that we’ve made all the payments that you arranged to come out of your account this morning. Unfortunately because there was not enough money in your account to cover all of them, we have agreed to provide you with an unplanned overdraft..

                            18 November 2009 from oft “your case has been referred to me … I am an adjudicator… I will look at both sides of the complaint etc

                            Note : goes a bit patchy here as head went in sand due to Cahoot loan and personal life issues.

                            From memory, fos did not agree that charges etc were wrong, Lloyds defaulted me on 20 Oct 2010

                            15th April 2011 Received letter HL Legal notice of pending legal action, 7 days… court action may be taken
                            ignored

                            30th August 2011 Letter received from Credit Security ltd “once again you
                            have ignored our letter”

                            9th September 2011 letter received from Credit Security Ltd “unless we receive payment/proposal by 23rd Sep 2011 a claim will be prepared….”

                            12th Sep 2011 Prove it letter sent

                            15th Feb 2012 Received by Robinson Way “our client has authorized us to recover the full amount you owe (4.5k) if you cannot pay in full call us to discuss payment plan….. if you do not we will advise our client to start court action”

                            20/02/12 sent a CCa request to RW as suggested by Niddy

                            23/02/12 Received response from Robinson Way that they are requesting the information I have asked for and that they are sending me a further letter explaining their procedures from here, they have returned the postal order


                            07/03/12 Letter from RW received in todays mail but is dated 23/02/12

                            "following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due. Your account has been placed on a temporary delay pending receipt of this documentation and we will contact you again in due course."

                            17/03/2012 Received from RW dated 15/03/12

                            "further to your request for a copy statement in respect to the above account we now enclose a document for your immediate attention. We need to hear from you with your proposals for settlement of your account which is overdue for payment, WITHIN 10 DAYS"

                            They have sent photo copies of some of the accounts monthly statements from October 08 to June 10, these show O/D interest, Unplanned O/D Fees and Account Charges of around £800 over this period. Most of the statements show an increase in the Account Overdraft limit and a change in the renewal date to the 3rd or 4th of the next month.

                            30/03/12

                            Letter from RW "this is a notice about your unpaid account which is in our hands to collect...call us without delay to pay using a dbit or credit card...."

                            IGNORED

                            13/04/12

                            Letter from RW "you have not paid the sum you owe.......ring us today - we can agree a reduced balance...."

                            IGNORED

                            25/04/12

                            From RW

                            "we will allow your account to paid by affordable instalments of just £30 a month.....

                            IGNORED


                            07/05/12

                            "Final Notice - Do Not Ignore this letter... you have not responded to our previous letter.... in the next 10 days I may arrange for our Local Representative to call at your home......"


                            Ignore or send visit letter?

                            16/05/12 sent Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit

                            after help from In 2 Deep ( thanks )

                            23/05/12 Received from RW "we refer to your recent request not to be contacted by phone......your number has been removed....you remain liable for payment of balance owing...futher action may still be taken.. if you have not provided us with repayment proposals, please contact us within next 14 days."
                            IGNORE?

                            24/05/12 Received from RW
                            "ref your recent contact our client has informed us that this balance relates to your current account and as such is exempt from part V of the Consumer Credit Act 1974. No copy agreement is available on your account. We trust this resolves your query....proposals for payment within next 14 days"

                            31/05/12 Sent Niddy Special Letter, reference link - Unenforceability/Overdrafts/Cca info/post 89




                            08/06/12 From RW
                            "thank you for recent contact..as previously advised, our client has rejected your dispute and you remain fully liable for the balance outstanding. In the absence of any alternative dispute, we are unable to defer payment on this account and we now require your proposals of payment within the next 14 days. After this time collection activity will resume.

                            26/06/12 Sent part 2 response of Niddy Special ref : Unenforceability/Overdrafts/Cca info/post 89

                            30/06/12 Letter received from Horwich Farrelly Solicitors "we have received instructions from RW to claim full payment of this account......you can contact us directly by phone......please do not ignore this letter our clients want to agree payment terms without having to take further action...."


                            04/07/12 does this need responding to? thanx all

                            04/07/12 In Today's mail
                            From HF Solcs, drafted on the same day as the auto letter mentioned 30/06/12
                            "we thank you for your recent correspondence.........this balance refers to your current account and such is exempt from part V of the Consumer Credit act 1974. No copy agreement is available on your record.
                            In the absence of any alternative dispute, we are unable to defer payment on this acc....payment props within 14 days or collections resume.."

                            26/07/12 letter from HF solcs "we note that despite previous correspondence you have no resolved this debt....we urge you to pay in full...or affordable payment plan....."

                            26/07/12 Sent part 2 of OD letter again with copy of part 1 (cc Rob Way) to HF solcs
                            and Sent part 2 of OD letter again with copy of part 1 (cc HF solcs) to Rob Way

                            03/08/12 Received from HF solcs dated (presume incorrectly 1st July 2012!)
                            We refer to recent correspondence received 30th July....
                            Please be advised your CCA request is irrelevant under part V of the CCA 1974 as no agreement was signed when opening your bank acc.
                            This has been previously advised, we will not continue with repetitive correspondence.
                            You account has been delayed for 10 days while we await you proposals
                            Last edited by bosdog; 4 April 2015, 08:45.

                            Comment


                            • #29
                              Re: Bosdog and Lloyds TSB

                              Hi Bosdog,
                              See what Niddy says, but have a look at this Niddy Special, which might be the next appropriate step:
                              allaboutFORUMS - View Single Post - Overdrafts - CCA Information

                              Also, interesting to note that yours was a paid account with benefits. Have you seen this: ?
                              More than 10 million customers with paid-for bank accounts will receive letters assessing their eligibility for the products within the next 18 months, potentially sparking a scramble for compensation to rival the PPI mis-selling scandal.
                              The Financial Services Authority (FSA) said last week that it would force banks to send out annual letters to new customers who buy so-called "packaged accounts", telling them whether or not they are able to use the benefits that they are paying for. It has now emerged that more than 10 million existing customers with these accounts must also be sent yearly "eligibility" letters, starting from next March.
                              Read More

                              Elsa x

                              Comment


                              • #30
                                Re: Bosdog and Lloyds TSB

                                Indeed Elsa, especially:

                                You should also be paying attention to s.74(B)(2) which reads, I quote;
                                s.74B(2) The matters referred to in subsection (1) are:
                                (a)the fact that the current account is overdrawn or the overdraft limit has been exceeded,
                                (b)the amount of that overdraft or excess,
                                (c)the rate of interest charged on it, and
                                (d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).

                                Good point regarding packaged accounts

                                Comment

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