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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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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
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Re: Bosdog and Lloyds TSB
Originally posted by bosdog View PostHi 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 adviceI'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
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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 64Last edited by bosdog; 4 April 2015, 08:42.
Comment
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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.
Comment
-
Re: Bosdog and Lloyds TSB
Originally posted by bosdog View Post08/06/12 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.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
-
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
Comment
-
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
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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
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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
-
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!
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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
Comment
-
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 proposalsLast edited by bosdog; 4 April 2015, 08:45.
Comment
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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.
Elsa x
Comment
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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
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