UPDATE 07/08/14
Lloyds TSB Overdraft
Account – Gold Current Account opened before 2002 with a monthly fee as a gold account.
Overdraft Limit – 4k
Current – Default registered at CRA's 20/10/2010
Default Amount - £4.5k
Status – Last payment 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 but last payment to account was March 2010
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
16/08/12 Sent Niddy/Elsa Special letter to HF Solcs
30/08/12 Received letter claiming to be from LTSB but does not give correct account number for the current account in dispute and is on poor quality LTSB headed paper, and sent from Huddersfield so is actually I think from Westcot on Lloyds headed paper!
"As we haven't been able to agree a suitable repayment plan we've transferred your Lloyds account to a debt collection agency. We have instructed Westcot Credit Services Ltd to arrange a collection of the outstanding amount........Please contact WCS as soon as possible....."
Should I send "account sold in dispute" to the LTSB address on the letter, even though this has obviously not come from them?
Or should I wait for something on WCS letter head?
Any advice is appreciated thanks to all.
03/09/12 Received From Wescot in red with the heading "important notice of debt collection" it reads "we have been instructed by our client to collect the above....to prevent further action you must..." etc
Ignore or send in dispute?
Cheers all
06/09/12 Sent letter to Wescot stating acc in dispute with HF and Lloyds with a copy of the HF letter included
11/09/12 Letter from Westcot investigating and collections suspended meanwhile
13/09/12 letter from Westcot "having contacted our client they have advised as this is a current acc they are unable to provide a copy of the agreement"...... *please contact us"
FYI The above letter was dated by WC 12/09/12 (received 13th)
18/09/12 received letter from WC dated 14/09/12 "thank you for your recent contact....we acknowledge you have raised a query....we will suspend all activity whilst the matter is under investigation.
13/10/12 From westcot "we refer to your recent communication please find enclosed copy statement...payment is now required..call us"
They have just sent copy bank statements from 2008 up until 2010 when the account was closed, no mention of my request for copy of the agreement.
Also, these statements show charges for non payment of dds and standing orders and interest that I had not included in my original tally.
Total bank charges on this account from 2002 - 2010 for non payment of direct debits and standing orders are in excess of 4.5k with a further total of over 1k for interest charges.
As always, any advice is really appreciated
Bos
19/03/13 Received from Wescot "FINAL NOTICE" Our latest enquiries have now confirmed that you are still a resident at the address but we have not received a reply to our previous correspondence. Unless you contact us to agree repayment of £xxx.xxwithin the next 10 days, further collection activity will be taken to recover the full outstanding balance. Please do not ignore this letter......."
21/03/13 Sent one liner with a "in dispute" response, with copies of the part 1 & 2 o/d letters previously sent to RW & HF
03/04/13 "Thank You for your recent contact........we will suspend collections whilst this matter is under investigation.....we will contact our client....may take several weeks etc"
26/07/14 After nothing for well over a year I have today received notification from Lloyds Bank that they have assigned Cabot Financial (UK) Ltd the outstanding balance, another letter is included in the envelope from Marlin Financial stating that they are now managing the account. and that I should give them a call to discuss repayment.
28/07/14 Sent SWID overdraft letter.
06/08/14 Letter from Marlin "we refer to your recent letter and have noted your comments in regards to your Agreement (Request pursuant S.77 (1) Consumer Credit Act 1974. We are unable to comment with regards to any actions taken when the account was with the original creditor... The requirements you have stated have been passed on to Cabot as we do not hold any details relating to your dispute on file. Once we have received the necessary information we will contact you again with a view to bring the matter to a close"
I suppose I now wait for the next move?
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