Right blonde moment..it has been so long since I have done this! HOW do I upload the document again PLEASE!!!

Ok will do, thank for advice.

I am looking for some advice please. I have received an agreement from BOS for my son's credit card after some chasing. I checked it and noticed it was missing a signature from the bank on the application. Plus they had attached an 8 page Credit card Agreement which has completely different Key Financial Information on it. On further investigation it became apparent that this was a new agreement as the apr, charges etc were all different. To cut a long story short I wrote back saying I thought this agreement was unenforceable. The reply was to quote. The bank speaking 1. I have been informed by our legal area that all the actions we have undertaken in relation to your account have been done in accordance with the agreement you signed when the account opened. Whether or not the agreement is signed or stamped on behalf of bank of scotland, you have agreed to the terms of the account. If an agreement is unenforceable it does not mean that the debt is invalid. What should I do now? Any help would be appreciated.

just found this thread and want to offer moral support. I am in a tussle with the same company and it looks like I will be heading for court soon so if you don't mind I will watch your case with interest and hopefully learn something as well. I am a bit stuck on what to do next so the advice you are getting is great. Good luck in your new job. Just like you I have 2 threads relating to this company due too it taking different turns. If anybody wants to take a look I would be most grateful. "Lloyds buys back debt to swallow up refund". is the latest. Sorry for a bit of a hijack but I am a bit desperate lol!

Thanks Tifo..really interesting thread and yes not good reading but I am not giving up yet:)

Very interesting thread. This is exactly what has happened to me. Thanks Tifo for the link. A year ago I claimed bank charges from lloyds then out of the blue received letter from DCA. I disputed the debt from day 1 because the amounts do not agree with the statements sent. I eventually complained to FO and LLoyds agreed to refund of charges BUT then said it would be paid towards this disputed debt. I had proof that the DCA had bought this debt from LLoyds and again complained to FO but received a letter from the FO saying that maybe LLoyds had bought the debt back and the FO could not force the bank to pay me the refund. I double checked and the DCA still owned the debt. They are still chasing for the rest of the disputed debt without providing me with any evidence of where the amount came from. I have CCA, SAR and begged but they just hit me with "we don't have to provide you with agreement as this is an overdraft" but then state it is a merge of both overdraft and loan, so surely the loan should have an agreement. For more details check out my thread and any advice would be appreciated "LLoyds buys back debt to swallow up refund ". I will subscribe to this thread and keep everybody updated.

Latest update on this fiasco. Urgent advice needed! I really need some help on what to do next. I received a letter today from the DCA regarding my disputed debt. Here goes. I have added my own comments in italics! Dear Me Thank you for your letter dated 16th Jan 08. I note that you recently made a payment of £1091.50 on this account(I didn't this is my refund for unfair bank charges! Lloyds made this payment.) I also note that you state this account is still in dispute but that you have not provided us with the full details of your dispute although copy statements have been sent to you. (I have given them full details numerous times plus the statements sent don't add up to the debt being asked for!) With regards to your questions raised, I will respond as follows. 1. We purchased the debt from Lloyds TSB in early March 2007 and a Notice of assignment was generated on the 8th of March and posted to your above address. (so no mention of Lloyds buying it back!) 2. With reference to your copy of the agreement, we have previously advised on this in our letter of the 21st Aug that we have taken legal advice and can advise that Section 78(1) relates to request for copies of agreements. Bank overdrafts are exempt from Part V of the CCA1974. As such there is no statutory requirement to enter into a formal credit agreement for bank overdraft. (disputed debt is made up of overdraft & loan as they have previously advised me). 3. We take the view that unless you provide us with full details of your dispute the balance remains due and payable and are not in breach of the regulations. 4. We have not passed this account to a third party and would ask that you substantiate your claim that we have by providing us with the name of the third party. (how can they say this! I received a letter from LCS Solicitors stating that DCA was their client!) 5. We have not registered any further information with the Credit reference agencies. The debt remains outstanding and the original entry with the credit reference remains. 6. We are unaware of any legislation that states a default notice or data that is believed to be correct must be removed. Please therefore provide us with full details of your dispute within 21 days from the date of this letter, failing which we will consider passing the matter to our solicitors to commence immediate legal proceedings. We look forward to hearing from you. End of letter Please is there anybody that can help me draft my next letter, it would be really appreciated. Should I contact the FO again regarding the disclosure that LLoyds hadn't bought back the debt. Should I contact Lloyds and explain they had no right paying money(in my name!) to a disputed debt. I don't like the way the DCA said I had made a payment, what should I do about this? I would really really appreciate some advice.

Oh just reading back my thread and just to let everybody know that it is the same DCA who is chasing me again! So I am just going to photocopy all previous correspondence and send it to them again with a covering letter. Might as well start somewhere AND I am going to CCA LLoyds. When I SAR Lloyds previously they only sent photocopies of statements nothing else.

Thanks for the replies tifo & remus. I am glad I am not the only one who finds this development so confusing. You would think it would be as simple as remus said but since Lloyds & the DCA seem to being playing tennis with this debt I seem to be chasing shadows. I thought that since this debt was disputed that nothing could happen until either Lloyds or the DCA provided the agreement. I don't hold out much hope in getting assistance from the FO but what else can I do. I would really appreciate somebody somewhere helping me compose a letter that covers all the legal issues as I am not to hot on that. Thanks again. Will keep you all posted

This is really interesting. Tifo sorry for hijacking your thread but this has just happened to me! Check my thread http://www.consumeractiongroup.co.uk/forum/lloyds-bank/123584-lloyds-buys-back-debt.html. So what I would really like to know is how we can stop the banks & dca passing the debt back and forward and how I can get my refund from the bank. Any advice appreciated and Tifo I will be following your threadand if I come across anything I will let you know.

Latest developments. The DCA has raised its ugly head again! I received a letter dated 24th Dec threatening me with legal proceedings. The most annoying thing is that they are still quoting the full disputed debt WITHOUT the deductions from my refund!! Then another letter arrived dated 7th Jan 08 from LCS solicitors for the same amount. This is really getting me angry. I would appreciate some advice. I am going to write again to the FO and forward these letters of harrassment. Any other ideas would be appreciated.

suzieblooz you are a star x I have further interesting developments on this case and will be updating it on Monday. But the above thread has been a tremendous help and boost thanks again.

Els..thanks for the sound advice. I must admit I was raging when this happened and utterly confused. I have calmed down now and I suppose I have to admit defeat on this one or maybe look at it as half a victory! I am still bemused by the actions of Lloyds, knowing that if I just ignored their letters I would be hauled off to court. As it is near xmas I have decided to let it rest, peace and goodwill and all that. I will let everybody know if I do hear from LLoyds/DCA again. I will always dispute this debt as I have received nothing in writing from either parties explaining how they came to this amount. Once xmas is over and my batteries are recharged I may revisit this..but as for now I am totally drained and have no fight left in me. As the great man said "I will be back!" Thanks to all for your advice and support and Merry Xmas everybody!

Thanks for the support remus. LTSB have not responded to any of my letters. I am going to write to them again but at this moment I am a little lost for words! I did request the money by cheque but then this happened. When I complained to the FO they said they could not force the banks to pay by cheque so another brick wall. I am just trying to think of my next move. I honestly though that due to the debt being in dispute that Lloyds could not do anything like this and just totally ignore me..how niave am I. Basically back to round one. Thanks again remus..your support is appreciated and it has cheered me up:)

Thanks for responding to this thread. 1. The DCA told me the amount in a letter BUT when I asked both the DCA & Lloyds to show me breakdown of this debt I received no reponse. 2. LLoyds sent me statements which did not show the amount of debt they now state. This is the question I kept asking where did this figure appear from, this is why I disputed the debt. Their own figures don't add up. 3. I am also annoyed because I received no letter etc telling me LLoyds had bought back the debt until I sent the settlement agreement. I still thought I was fighting the DCA. 4. Before I know it Lloyds will probably sell the debt back to the DCA and we will have to start all over again. I am just so tired of the covert methods being done. I don't know where to turn next. Mood today, tired angry, sad and confused. I dont know what to do next.

I just found this thread after doing a search on guest members...Reason you ask...well I have just come back onto the site after a break AND I noticed that at both times I came on today there were more guests than members on the site. This does make me a bit suspicious. I have had problems before regarding private emails and complaints about my postings. I only came onto this site for advice and support and have found it mostly brilliant, wonderful and I have put my money where my mouth is. My concern is who do you trust. I have found my posting have changed since the beginning, I would give out all info etc now I am actually terrified to say to much as I don't know who is reading it. I agree with the posting that said why can't this be a members only forum. I still think this site is brilliant and I suppose the other way you could look at it is, if CAG wasn't actually making a difference and helping to bring banks, DCA into line then the aforementioned wouldn't be so interested in the site. Finally regarding people using the site to get away with debt. Personally I used this site to get my sanity and control back into my life. It is only a plus factor that I also learnt that the banks & DCA's can be held accountable and if this is financially then so be it. My view is if for any reason the banks/DCA are not following the laws of the land then surely it is only right that I can use this against them..because through experience they have not missed the opportunity to use it against me and millions of other people. I am an honest person and still fear authority so I would never do anything illegal or which would be morally wrong BUT I have learnt how to stand up for my rights..mostly from this site and that I have got to thank everybody for including the trolls.

I was being pestered by DCA for a debt they said I owed LLoyds. I disputed this debt and CCA the DCA. All went quiet. Whilst this was going on I was actually trying to get bank charges back from the bank. It went to FO, eventually I agreed a settlement figure...then I received a letter from the bank stating that the refund had been used to clear this debt. I complained to the FO again as I had document evidence that this was being disputed AND they had sold this debt to the DCA. The FO basically said I needed to talk to the bank as they may have bought the debt back. I have a thread open at the moment regarding this, I just wanted to see if anybody had come across this before. I really need help with my next move. Thanks for your advice any further advice would be appreciated:D . The thread is http://www.consumeractiongroup.co.uk/forum/lloyds-bank/123584-lloyds-buys-back-debt-new-post.html

Does anybody know if banks can buy's back a debt from a DCA. How do we know who actually owns our debt? I only ask this as I think this has happened to me.

Right had another look at the form..definitely no credit limit etc on form..nothing relating to actually what the credit cards limit, apr etc. Is it just my computer or has the CCA I scanned in disappeared. I can only see the small white box with red ex at the moment. pt2537 I have been reading other threads especially Mrs P V MBNA. I would appreciate it if you could give me some pointers regarding next letter to send, if any.

Hi Els 1. I was claiming £1283.00 that was without interest 2. The disputed debt is meant to be £2175.94, I have nothing in writing from either DCA or LLoyds to tell me how this total was arrived at. They only say that it is an accumulated total of an overdraft & loan. 3. Lloyds offered me 1091.50 which the FO said they agreed with. 4. I don't know I have still not received anything in writing to show what this debt stands at now. 5. Should I CCA Lloyds now? I have already CCA the DCA but this turned up nothing. Totally confused

Have clicked all your scales but Dave sorry I was told to spread my clicks before I can do you again lol!

Thanks guys for your reply. 1. The T&C's they sent stated the late payment fees were £12, so they are not the original T&C's. This agreement was dated 2004. They also sent the latest statement. 2. Dave ..where did you see the credit limit? I didn't see that. 3. What next? Do I send them another letter regarding non-compliance with CCA request. 4. My son had people at his door last night demanding money and they offered him the chance to sign a new agreement regarding payments to be made. Again thanks for your advice.

Hi I would just like to bring this strange matter to peoples attention and also hopefully somebody on this brilliant site might just might tell me what to do next! I am totally confused now. For a bit of a history behind this recent development. I have been fighting on two corners regarding Lloyds. 1. Regarding unfair bank charges 2. Disputed debt(seemingly a mixture of overdraft & loan) that they had sold onto a DCA. Repeated request SAR's, CCA's to Lloyds & DCA brought nothing forward. Eventually the DCA stopped pestering me after they could not produce a CCA or proof of the debt. Lloyds took nothing what so ever to do with it as it now was sold to DCA. After I complained to FO regarding bank charges, Lloyds eventually agreed to a settlement figure. Then out of the blue I received a letter from them saying it was being used to reduce the debt (disputed!). therefore no refund was due. So I complained again to the FO please see the letter below, I also sent a copy of the letter to Lloyds. Letter sent to FO Further to your letter dated the 5th of November. I would like to bring your attention to the following matter relating to this case and the offer Lloyds TSB made. Today I received the enclosed letter (1) from Lloyds TSB. I would also like to bring your attention to the enclosed letter to DCA regarding the debt mentioned by Lloyds (2) enclosed. This dispute has been going on since March 07 and it is still not resolved. Further more I have enclosed the information I received from DCA per my Subject Access Request, (letter 3). I have highlighted Page 5 of the system report which states that “this debt was sold to us (DCA)”. I would appreciate some advice on this matter because I feel that Lloyds TSB have no right to use the amount offered to reduce a debt that Is being disputed by me They have already sold onto a Debt Collecting Agency, so they do not own this debt anymore. Your assistance in this matter would be appreciated. If you require any further information please contact me. I then received a letter back from the FO explaining about how debtor and creditor works! BUT what was even more surprising was quote " With regards to your point about the debt being sold to DCA, it may well be the case that Lloyds had to buy the debt back, as is sometimes the case. You may wish to check this with lloyds." I also received a letter back from LLoyds, after sending it personally to the nice man from Customer Service Recovery Centre..guess what I received back. I shall begin...Thank you for getting touch. I am sorry you are unhappy about your bank account charges. If your complaint relates to the level, faitrness or lawfulness of charges please read on. If it realtes to another issue such as an administrative error then please let us know. I am sure you all know what the rest of the letter said by now. BUT that made me so angry they didn't even read the letter I sent them including all the evidence. So all you nice people out there..if you have managed to get through this ramble..what to do now? Any help would be so mauch appreciated. Thanks

Yipee managed it. I have removed some details i.e. Address, date of birth, phone number BUT that is all. This is the only page relating to the CCA, as I said previously my son also received T&C which looks like a new version and the latest statement. As you can see the PPC box is not ticked but on contacting MBNA they said that my son agreed to PPC by phone and they don't keep records, so they refused to give him back any PPC payment made. The amount of charges due was only up to May 07 he didn't proceed with demanding it back due to being frightened off by the court case. Thats why mummy has now become involved lol. I will need to calculate the amount of PPC. So will update soon. I would appreciate it if anybody could look at the agreement and offer some advice regarding enforcability. Thanks all.

Try again