Robinson Way/Horwich claimform - old LLoyd Loan

[eagleforms]

In March 2004 I took out a loan with Lloyds TSB for £25,000 covered by an insurance policy to cover the loan if I became ill etc.

The loan premium was £5000.

 

In November 2004 I was diagnosed as having non-hodgins lymphoma and in December Lloyds Insurance wrote to me to say that they were making arrangements with my branch to repay the loan under the cancer clause in my policy.

 

In June 2005 I received a letter from my branch saying that I had not paid the last 6 months loan repayments and I wrote to say that their insurance company had repaid the loan.

 

2 weeks later I had a letter from the branch to say that due to a payment that I had made that day for £5000 my account was over the overdraft limit and would I make arrangements to repay it.

 

I wrote and said that I had not made any payments and they told me it was to cover the non payments on the loan.

Then they started to bounce all my cheques and direct debits and added some £750 charges tomy account.

 

I was going through some pretty powerful chemo treatment at the time and the last thing I needed was to fight the bank.

I wrote and told them that the loan was paid off and that was that and no longer used their account.

 

Last year this raised its head again through Robinson Way who reckon I owe some £8000 and what was I going to do about it.

I told them the saga and they wrote back and said their client confirmed that I owed the money so pay up.

 

I then asked Lloyds Customer Services for copies of the agreement and insurance policy T & C's plus a statement for the loan as I had not received one since the insurance company told me they were making arrangements to repay the loan.

 

Robinson Way then replied and said that I had everything.

I wrote again to Lloyds customer services and asked for the information again and expressed my concern that Robinson Way were replying as this implied that my personal details were being given to Robinson Way without my permission in contravention of the Data Protection Act.

 

Robinson Way then wrote again to say that their client said I had all the information and to get paying.

 

I have written again to R W and formally requested the information again saying that although they are now outside the 12 day limit for supplying it I will give them a further 12 days to produce it and if after that time it is not forthcoming I will go to the Financial Ombudsman, would they send my £1 back please.

Has anyone had a similar experience and has anyone any suggestions as to what to do next?

Martin

[Guest Old_andrew2018]

..

 

[cymruambyth]

Hi, I hope you are now fully recovered healthwise.

Have you sent a SAR to LTSB? If not send the one in this link http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca. Send it recorded delivery with £10. LTSB have 40 days in which to send all information that they have on you. Be prepared for delaying tactice, but the 40 days starts from when you send the letter.

I would also send either letter 16 or 17 from here to Rob Way The Consumer Forums - Debt collectors

Finally, there sre so many complaints being made these days that I would start complaining to TS FOS etc; by the time they look at your complaint you should have received your info from LTSB.

[eagleforms]

Thanks Scott

Martin

[eagleforms]

Thanks cymruambyth. I have asked them to provide the agreement, insurance T & C's and a full statement. Is this the same as a subject access request?. Who are TO and FOS?

Martin

[IdaInFife]

i agree with cymruambyt.

 

you need to find out exactly what has happened

 

it will also allow you to see if they have added any unfar charges to claim back.

 

ida x

 

with an sar they have to comply and if they don't they are in default and you can enforce it

[landy_alert]

Thanks cymruambyth. I have asked them to provide the agreement, insurance T & C's and a full statement. Is this the same as a subject access request?. Who are TO and FOS?

Martin

 

Hi Martin:)

 

TS - Trading Standards

 

FOS - Financial Ombudsman Service

 

Hope this helps!

 

Regards,

 

Landy x

[eagleforms]

The time is up today for Robinson Way to provide me with the information but I haven't received a thing. What do I do now?

[eagleforms]

I wrote to Sechiari on 6th Oct with a request to send me the loan agreement etc and they seem to have passed this on to Allied International Credit, who ever they are, who have send a card saying that their client, Lloyds TSB have asked for the full outstanding balance to be paid. Can anyone tell me what the situation is here?

I had cancer a few years ago and was unable to work for 18 months and had problems with Lloyds TSB and have another thread about a loan and the loan insurance. In addition, I had a credit card (this thread refers to that), and a current account with an overdraft.

It would appear that Robinson Way have the loan and overdraft, Sechiari have the credit card and somehow, Rockwell and Fenton Cooper have got into the act and they are all asking me for money. I have asked them all to let me have the loan agreements they have to try to sort it out, but have not received anything yet.

The whole thing is driving me mad, and I would like some advice if possible.

Many thanks

Martin

Edited October 16, 2009 by eagleforms
typos

[eagleforms]

I have received a letter today from Robinson Way to say they have requested the documentation I asked for. They are now 2 days over the 12+2 days time limit. What should I do now, please?

[dx100uk]

no CCA = no pay.

 

simples

 

i'd ignore them all

 

how old is the debt and when was the last payment you made?

 

dx

[eagleforms]

I have been paying Robinson Way, Fenton Cooper and Rockwell a nominal sum each month.

[cymruambyth]

As this is no longer an offence, all you can really do is notify thm that the account is in dispute (there is one in my earlier link), request their complaints procedure and start complaining to everyone.

[cymruambyth]

If you have sent the correct requests with £1, you could tell them all that the accounts are in serious dispute until the correct documentation is supplied. Also, it is an offence to pass on a debt whilst in dispute (even if they are all part of the same empire, just different desks). Then it is a judgement call, but if they have failed in their legal obligation, some people suggest you now stop paying.

This will focus their attention on you!

[dx100uk]

I have been paying Robinson Way, Fenton Cooper and Rockwell a nominal sum each month.

 

what for the same debt?

 

dx

[eagleforms]

No,for all of them but as there are now 5 different companies after money for 3 accounts, this is why I would like to see the documentation each of them has.

[eagleforms]

How long has the statutory time limit been lifted? Do they still have to produce the documentation? Why has the law changed?

Edited October 17, 2009 by eagleforms
typo

[cymruambyth]

They are required to supply document in 12 + 2 days. There used to be an offence if the document was not supplied in an additional 30 days; this was removed in June (I think) 2008.

[eagleforms]

I havde now had a reply to my letter of 6th October to Sechiari etc. from Lloyds TSB's Customer Accounts administrator which says they have not received enough details from to find and process my request. If I would still like to make a request pursuant to section 78 of the CCA, write with the appropriate authoriation to Lloyds Account Services.......Brighton.

She hopes she has now clarified the situation and to get in touch if there is anything I am not sure about. She has returned by postal order for £1.00 and my original letter to Sechiari.

I quoted Sechiari's reference but if they can't give Lloyds the details based on that, I assume that they don't exist, especially as Lloyds can't seem to find them either.

What do you members suggest my next move should be?

[eagleforms]

I have today received a claim form from Northampton County Court Bulk Centre from Howich Farrelly on behalf of Robinson Way Ltd for money owing on an overdraft from Lloyds TSB. This is all tied up with a loan that I had from them that should have been paid off by their insurance company when I had cancer. Lloyds Insurance wrote to me in the December when I was diagnosed with cancer and told me that they were making arrangements with my branch to settle the loan. In the July of the following year my branch wrote to me and told me that I was behind with my loan repayments. I wrote back and said it had been repaid by their insurance company. 2 weeks later thy wrote again and said that owing to charges that I had authorised the previous day, my account was £5000 over its overdraft limit and they wanted it repaid. I asked them what these charges were because I had not authorised them and they told me they were the loan repayments for the past 5 months. Then, of course, they started bouncing my direct debits and charging me. In the space of a month, they had charged me £750. They knew that I was in the middle of a very difficult course of chemo and the last thing I needed was to start to have a fight with the bank.

They then passed the debt on to a debt collector and eventually it got passed to Robinson Way. It turned out that the insurance company had only paid £14,500 off the loan because they said that was the maximum according to the terms and conditions of the insurance (the premium was £5000!) I wrote to Lloyds a number of times to ask them to send me a copy of the terms and conditions of the insurance so I could check out what they were saying. They still reckon I owe over £8000. They just kept passing my letters to Robinson Way who tried to fob me off with saying that Lloyds had told them that they had already sent these to me. In the end I sent a subject access request in September about the loan agreement and the terms and conditions and to ask them to let me have a copy of the overdraft agreement. They wrote back in October and said that they were unable to "gain sight of a copy of the (overdraft) agreement and a cheque was being made out to refund my £1".

Since then I have still not received a copy of the T & C's or anything else except a loan statement. I wrote and told them in November that the account was in serious dispute. Since then they have written to tell me I should pay up. I have wriitten to them a couple of times to tell them that I still wanted the documents I had asked for. They then wrote and said that I was becoming repetitive and to pay up because Lloyds insist that they had already sent the documents to me. I replied and asked that Lloyds sent proof of when the were sent.

They have phoned everyday 3 or 4 times a day to get me to pay and I refuse to discuss anything with them and hae reminded them that they are in breach of the rules. They are now taking me to court for the overdraft money and have added over £2000 of interest and their own costs to it. I am now going to complain to the FOS and need to put together a defence for which I would be grateful for any help I can get.

Edited March 15, 2010 by eagleforms

[mandyjayne]

bump:)

[palomino]

I assume you have not replied to the claim as yet. You should do so stating that you are contesting all of it.

 

You should also be requesting copies of all the documents that the claimant is relying on. You need to make a CPR 31.14 request for these, and an excellent draft letter is floating about here on CAG for you to so. I can't put my finger on it but I'm sure there will be a flood of volunteers to do this for you.

 

Others will be along at some point to help out with other points of action.

 

Keep us all posted - I'm personally interested in how this progresses.

[eagleforms]

Many thanks Palomino. I was very surprised to get a reply because when I clicked on the post reply button, a message came up to say they had been a syntax error and I have not had the time to type it all over again. Anyway its great that I don't have to. I have sent off the Acknowledgement of Service and have disputed the whole of the claim, but that's as far as I've got so any help would be very gratefully received.

Edited March 15, 2010 by eagleforms

[eagleforms]

I have a letter from Horwich Farrelly, Robinson Way's solicitors, that says, "Please note we are not able to gain sight of the agreement and a cheque is being raised to refund your £1".

 

As they cannot supply me with a copy of the agreement, does this mean the loan is unenforceable?

 

If so, am I right in saying that they should not be taking action against me, or constantly phoning to hassle me for money?

 

I have sent off CP31.14 request.