The OD was dropped and Wescot/Cabot sent the letters regarding the loan.

I thought by starting a new post I would be giving the correct info.

As Cabot quote account numbers,

duration of loan, and

credit amount on the statements,

what would my options be if a letter of claim did turn up?

I sadly do not have the outstanding balance.

I'm sorry, I thought I wrote clearer. This matter is dealing with a personal loan I took out back in 2001. 

What would be my options if they sent the letter of claim?

As I have statements which have an 'original total' minus the payments and the details of account number, Duration and amount of credit would this likely be used in the letter of claim?

Hi Scott,

As far as I am aware BLS are part of Lloyds collections. They have the same address as "Collections" uses on some of their letters to me.

The overdraft was on a standard account but it's a funny story. I had a period of illness & Lloyds kept taking my loan payments out (by Direct Debit) even though the account didn't have sufficient funds. Any other DD got bounced.

What puzzled me was the wrong account number referenced on the letter. I clearly labelled the request with the revelant account number yet they replied with a different one.

Regards

Pete

Hello everyone,

I sent a C.C.A. request to BLS on the 24th January regarding an overdraft.

I received a letter 9th February (postmarked 7th February) from Card Services quoting a different account number (Old Credit Card) and giving the plea that they have a high volume of these requests.

They also advise that this makes the matter temporarily unenforceable but does not affect my legal obligation to make payments as per the agreement.

As the 12+2 have now passed should I continue paying the token amount while sending the in dispute letter?

I'm unsure where to add a line regarding the account number mix up so if anyone has any advice for this please feel free to comment.

I would have understood if it had bounced and then I got charged for it bouncing.

What actually happened was my mobile phone bill bounced and got charged but the loan payment was taken for the full amount pushing me past my overdraught.

I thought that with DD if the funds weren't there it would bounce

Hello folks,

I'm wondering if I have anything to use against Lloyds for continuing to take out a Direct Debit when there wasn't the money in the account to cover it?

The payments for a loan went out yet they bounced a mobile phone bill

Yes, I have. Its due to the credit agreement being irredeemably unenforceable - it only really works with agreements taken out before April 2007, as the law changed under the Consumer Credit Act 2006. The old law (that is, the law pre-april 2007) applies to credit agreements taken out before Apruil 2007 - basically, if the credit agreement is flawed, the law says it is not properly executed and this means it cannot be enforced - the process involves litigation that takes several months to obtain a "declaration of unenforceability" from the Court - best part is the Court has no choice where the breaches are of "prescribed" terms.

 

The banks are being very underhanded with a negative pr campaign about claims management companies - fair enough, there are some dodgy ones out there (look out for creditcardkiller.com - and stay well away from their service its a rip off), but there are plenty of regulated genuine ones out there. In my case there was a fee for an audit of the credit agreement and then the claim is on a no win no fee basis, so the bank pays your legal fees as part of the claim.

 

I have around 80k of unsecured debt that I am in the process of challenging. Interestingly though, I stopped paying them months ago and they have never brought any court action against me - I imagine this is because I have written and verbally told them that the debt is in dispute and the OFT guidance on unfair business practices states clearly that it is an unfair practice to ignore a borrower who says the debt is in dispute - guess what, if the debt is in dispute the lender cant enforce it - its the law. Fantastic!

How can I tell if the Credit Agreement is "Flawed"?

In my SAR I got a copy of the form with my signature, so no luck in telling the company that bought my debt to "Do one"

Hello Folks,

Well I finally got the info I hope it's all there as it weighs alot and most likely would knock someone out if it fell on them!

There's alot of jargon in there but it does confirm that the Direct Debit for my loan was taken out and not bounced back pushing me over my overdraft limit. They did however bounce my mobile phone bill.

Could someone point me in the right direction of a letter outlining this to BLS and Lloyds?

BLS have also sent me the Full & Final Settlement Offer (Without Prejudice)

to basically halve the outstanding amount LOL

Hello Tilly,

Thanks for clearing that up for me. I couldn't have read it properly

Non - Compliance letter is in the post.

Hello folks,

Firstly I'd like to say thanks to the guys who set this forum up.

There's a hell of a lot of info on here and from what I've read some good folk offering their time and advice.

I'll try and keep this short

BLS want me to pay an Overdraft which I believe isn't my fault.

I had some trouble with my blood and consequently had to give up work.

Shortly before everything went to pot I made an appointment with my branch.

Let's just say they weren't helpful at all.

There wasn't enough money in my account for my Loan DD to go out but the money was debited from my account anyway, instantly making me overdrawn. But strangely a DD for a mobile bill bounced (as I thought it should).

I called collections who didn't really know as it wasn't forwarded to them yet so they couldn't help.

They kept taking the DD and sticking on interest.

Unfortunately due to being admitted I wasn't able to get things sorted quickly enough.

Since they have pulled my statements from internet banking I sent in the Subject Access Request which they received on 04/06/09.

In reply I got a letter asking me to confirm my signature which I sent back on 17/06/2009.

Unfortunately it wasn't delivered until 22/06/09

I have heard nothing in return and believe the 40 (working) days will be up by the 29th of this month.

Should I get the "Hurry Up" letter printed and sent?

Regards

Pete