Hi has anyone had a similar problem as me with next. I didn't have a directory but last year I wanted to buy a watch which had sold out in the shop but they had on-line. I ordered it and paid (or so I thought) with my debit card. Thought nothing of it but at the end of the month I received a statement from Next. It appears they had only charged £3.00 to my card and had given me a credit account (which I never asked for) anyway I paid off the balance and over the next year have ordered numerous things on line. They increased my credit limit to £300 but i usually paid off the amount in full when I got the statement. Last week I ordered some clothes for xmas presents but the following day I got a letter to say that my account had been closed as they believed in "sensible lending" and they had contacted a credit reference agency ( I have a default from over 3 years ago with MBNA who I am fighting to remove as they have no credit agreement and I am claiming charges) I am really annoyed as I did not ask for a credit facility, they sent me a credit agreement last year but i just threw it away so they don't have a signed agreement and also do they have the right just to do a credit check without my authority and in the absence of a credit application by me. I know that these checks if done and credit refused can go against my credit score which I am desperate to build up again.

Hi I haven't posted on the site for about 12 months as everything went quiet and I thought that was it. How Wrong. Brief history, over 2 years ago with the help of CAG is sent initial letter for list of charges to monument which I eventually got then sent letter requesting copy of original agreement. They eventually sent me a copy of a reply card and insisted this was the agreement, they passed the account on to numerous DCA's and I have lost count of how many letters I sent. They eventually said the had requested my agreement from their archives and would sent me a copy asap. A couple of weeks age almost TWO YEARS later they sent me another copy of the same reply card they sent me over 2 years ago and now it has all started again, DCA letters, telephone calls. I know I am right, this account is about 10 years old and initially even before I made a claim for charges thay agreed to knock off a couple of thousand pounds. They don't have an agreement. Don't think I can face the same cycle again of all the letters, responding to them, getting passed on to one DCA after another. They are a law to themselves and seem to just ignore everything you say to them Oh and the icing on the cake, I have been defaulted:-x just ranting but any info advice input would be great I received so much help last time and believe me ranting on CAG really really helps lighten the load. THANX:D

Well on Friday I received all my statements for my current account from Lloyds TSB. This is surprising as I had not yet sent a S.A.R. for this account only for my loan account. Anyway the statements dated back to 2001 and up until the time that they made the mistake of paying my DD/SO twice I had never once been overdrawn was actually quiet proud of myself!. At a quick glance there is about £650/£700 in charges which I will obviously be claiming back. Now at the end of the statements it reads that in December 07 the account was about £279 o/d. There is then an entry which states Tfr to CID which I assume is their collections department and then a credit entry which is identical to the amount of the overdraft which therefore leaves a nil balance on the account. The next entry for the same day reads "account closed. Now I know I never requested that the account be closed as I was still using it to pay my loan and I never received any notification from the bank that they were going to close it I am sure they should have given notice so I am going to look into this before I respond to them. But first to get my claim in for the charges. By the way still no sign of my CCA or S.A.R. request for my loan account.

Letter sent lets see what they have to say about that

No I was mistaken and I have checked back through my letters and it was on my TSB credit card that I sent the request to the bank.(still waiting for this also they are in criminal default) This request was sent to BLS on 28th January I have a copy of the letter i sent requesting both CCA and S.A.R. i have the recorded delivery receipt attached to it so they can't say they never received it.

well received another letter yesterday from BLS Dear Dotty Thank you for your letter dated 14th May 2008. Unfortunatley your previous letter does not appear to have been received. (this is an out and out lie as you will see from my reply). Please also note that we are not aware of any dispute with TSB. A copy of the origional loan application together with statements for this and your bank account have been requested today. and will be forwarded to you shortly. In the meantime we do require further details of your concern and until we are in receipt of this information the balance remains due and payable ( what!!!) Yours sincerley here is my response to them BLS Collections Oxford Dear sirs Your Client Lloyds TSB Acc No xxxxxxxxxxxxx I refer to your letter dated 2nd June 2008. Firstly I am extremely surprised and concerned that you claim not to have received my previous letter dated 28th January 2008 even though this was send recorded post and the Royal Mail tracking system confirmed that it had been signed for! Call me cynical but it does appear somewhat strange that the only letter that you do not appear to have received is the one containing my statutory requests under The Consumer Credit Act and The Data Protection Act. I would also like an explanation as to how the cheque in the sum of £11.00 which represents the fees payable for requests under the above Acts and which I forwarded to you under cover of the letter “you did not receive” was cashed on the 11th February 2008. Given your record however of avoiding answering any questions put directly to you I won’t hold my breath waiting for a response to this one though I doubt a District Judge would be so lenient. I state again this account is in dispute and has been since at least 15th March 2008. You also appear to be under some misguided illusion that despite the account being in legal dispute you still have the right to try and enforce the account and I quote from your letter “we require further details in respect of your concern and until we are in receipt of this information the balance remains due and payable.” Perhaps you can point out to me the part of the Consumer Credit Act that states this. The Act gives the consumer the right to see their agreement at any time. This is section 78. The thing about section 78 is that it gives 12 days to supply the document requested, if the agreement is not supplied in that timeframe then you CANNOT enforce the agreement. After a further 30 days they have committed an offence therefore you have been in criminal default since at least the 15th March 2008. May I suggest that you read S.78 in its entirety and pay particular attention to par.6? If however it is still you intention to continue pursuing this account I strongly advise that you take legal advice before continuing. Any further requests for payment will be met with legal action for harassment under the 1997 Protection from Harassment Act. I urge you to read the whole of this letter very carefully and expect a rapid response from you. Yours sincerely DOTTY Could any of you clever bods out there have a quick look at this for me before I send it I would be grateful ta xx

will do sorry about that. i have just posted a reply on the debt thread but from now on will stick to this one. There are enough threads on here without me confusing things even more:roll: Today I am sending a S.A.R for my TSB current account which the loan was origionally coming out of. They are already in default with regard to my loan account S.A.R. so I am not holding out much hope . I know that I can issue proceedings for non-compliance but I was thinking of waiting to see if they comply with this request first and if they don't issue for non'compliance of both at the same time. Will keep u updated.

will fire one off when i have gone through all of my paperwork tonight just to check but I know that they gave me no notice at all before closing the account. thanks for that.

Hi slick123 I sent the chqs to the bank and after they were cashed the DCA started chasing me. I not so politely pointed out that account was in dispute etc and they should not have been chasing this account. Put all the usual legal jargon in and they wrote back very put out that they had not been told by tsb that account was in dispute etc and how were they to know I had requested these docs etc.(not my problem pals) they said they would put the account on hold and get back to tsb. Lo and behold no statments for loan as requested and no CCA but they continue to send me enforcement letters. Red vixen have you claimed back your PPI yet. I am sure they have added this on to my loan account as the figures don't add up. Although I can't check this yet as they are in default of my S.A.R Still saving myself £300 per month in loan payment so their loss

Hi Citizen B I did have an account and I ended up having to transfer money each month from my new bank to this old tsb account to make the payments. I was also getting my child benefit and tax credits paid into this tsb account which covered over half the loan payments it was a pain but the only way that I could do it however around dec/jan child benefit contacted me to say that Lloyds were refusing to accept my payments and when I checked my new bank account Lloyds had sent back that months loan payment and had simply closed the account without any warning. Now I have no way of paying it and they are chasing me. I am going to do a S.A.R on my old account to see what that brings up as I am guessing that there will be a whole load of charges. They have even blocked access to this account via internet banking so I can't print off old statements. The FOS is a good idea thanks for that.

Hope it is ok to post on here. I have posted quite a few times on the Lloyds thread but haven't got any replies and I am getting really fed up now with BLS/Lloyds. To keep it short I took out a loan for £9,000 with Lloyds TSB in 2004 over 4 years. I had problems with my Lloyds account ie they were taking D/D payments out twice (their error they eventually admitted but are still refusing to pay back the charges which occured as a result)anyway I eventualy changed my account but TSB refused to accept a DD from my new bank account for my monthly loan repayments. Still are. I queried the amount still outstanding on the loan as after making payment of £300 pm for over 3 years over £5,000 is still o/s. I sent a CCA request and a S.A.R to Lloyds and they are now about 3 mths in default of both. Account was passed on to BLS collections who have coninued to send letters/telephone me. I have sent them every letter I can think of. My cheque was cashed for the CCA and S.A.R but they are adament that I have never contacted them. Their letters are the usual churned out standard letters but no matter what I send them they keep churning them out this week I have received 3 so far. I am now at a loss as to what to do next. If any of you guys have had dealings with these idiots and could offer me some advice I would be very grateful. thanks x

Tremendous. Today another threatning letter arrives from the DCA. "You have not responded to any of our letters blah blah .....we will now have to enforce payment by one of the following ways etc. Can anyone out there help me with the next stage, I think that I have written every appropriate letter to them now so I am at a loss as to what to do or write next. anyone please

UNBELIEVABLE. A week after sending the DCA a scathing letter pointing out all of their failings i.e defaults over CCA request and S.A.R not to mention the telephone calls I have today had another letter from them. One of their churned out letters please contact us as a matter of urgency blah blah blah. Are these people stupid! no don't need to answer that one. I know there are some really great witty but to the point letters floating round the forums so I am going to spend some time looking for an appropriate one to sent them. In the meantime if anyone has a quick link to one I would be grateful for any help. Thanks x

what a cheek. after receiving no response or credit agreement or copy statements from BLS they have written to me again. Bearing in mind that they are in default under both CCA and DPA. They have written as follows We wrote to you recently requesting that you brought you payment programme up to date (didn't have a payment programme!!) and you have not made contact with us. As you have failed to contact us you must now pay the balance in full or telephone the above number immediatley. Failure to do so will mean we will have to consider making contct with you by telephone(they already have by the way) or considering whether a personal visit is required. (tell me when and i will have the kettle on) Yours sincerely. bearing in mind that my S.A.R. and CCA request was sent by Rec Del signed for and the cheques cashed how can they say that I have not been in contact with them. I feel like I am going round in circles a couple of months of quiet then an onslaught of letters and phone calls. I have obviously sent back a letter to them pointing out their failures, to what good that will do I don't know. Oh well onwards and upwards. Thanks for listening Lady H

Hey great thanks a lot steven a nice little letter on its way as we speak. You and the rest of the people on this site are great, just when you think you have hit a brick wall someone comes up with a little gem. Watch out MBNA/Arrow/Marlin and whoever else you want to reel in I'm not giving up without a fight ha ha Lady H