FOS ignoring all aspects of law and OFT. Help!

[hardboiled]

I don't expect them to roll over and play dead but having supplied the incomplete statements that show no transactions going in but plenty going out and CCA I now have to defend this.

 

 

case number XXX: Your complaint about Lloyds TSB Bank Plc

 

This section of the form is for the adjudicator at the Financial Ombudsman Service to complete where appropriate - adding comments or referring to documents of particular relevance to the

case.

 

adjudicator’s notes _

 

Mr Hardboiled has said he does not feel that the debt is enforceable because Lloyds TSB had not provided him a copy of the signed credit agreement. Lloyds TSB’s letter dated 26 October 2010 explained that it was unable to provide Mr Hardboiled with copies of the credit agreements due to the length of time that has passed since the accounts were opened. Lloyds TSB was only obligated to keep the documents for six years.

 

Mr Hardboiled has confirmed that he applied for and had the benefit of the funds from the loan and the overdraft facility. Lloyds TSB is entitled to hold Mr Hardboiled liable for the balance and take reasonable steps to recover the debt, which includes passing the account to an external collection agent.

 

Lloyds TSB has confirmed that Mr Hardboiled can contact the collection agents to arrange an interest free repayment plan. If Mr Hardboiled is experiencing financial difficulties then he may wish to contact and make use of a non fee charging debt management agency which might be able to assist in making repayment proposals.

 

Mr Hardboiled has also mentioned that he feels that the loan and the associated payment protection insurance were mis-sold. Lloyds TSB needs to be given an opportunity to answer these complaints. Mr Hardboiled should raise his concerns with Lloyds TSB directly before the ombudsman service can investigate this issue.

 

How we decide complaints

 

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• If you do not accept my conclusion, you can ask for a review. This can involve -

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for more information about how the Financial Ombudsman Service works

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The 6 years thing is absolute rubbish. It's not covered by the data protection act and 6 years from what I can see is the minimum NOT the maximum. and that's for Inland revenue purposes which from what I've read have now been reduced to 3 years ( unless someone wants correct me )

Can anyone help ?

Edited February 9, 2011 by hardboiled

[hardboiled]

The choice of language is a lot to be desired as well. I certainly didn't use the words "applied" and certainly didn't express poverty either.