#LloydsTSB : mupps v lloyds apex cca sar on old loan

[madmupps]

Hi,

New poster, but have some relevant info on our struggles with these sheisters..

 

my wife took out an unsecured loan inc ppi with lloyds in 2001?

I have since managed to reclaim in full the PPI on the loan.

The amount reclaimed was used to reduce the balance on the loan. now around 5.5k

During the course of the loan lloyds would periodically add amounts from her overdraft and incorporate into the loan, (with the ppi it made the whole thing ridiculous).

She has been paying off the loan (now without the ppi) for a couple of years. However in the last 8 months or so they telephoned her to tell her that Apex credit management were taking over the account and she should deal with them regards the loan. (She never recieved a deed of assigment so assume that lloyds still own the debt and apex are just "managing") Apex then set up a direct debit and even said that no further interest would be added to the loan... How very nice of them.

 

So i am thinking why would lloyds pass this account to Apex when it was not in arrears and was being paid every month? Why would apex offer to stop any interest on the account when she had been paying the acccount including interest regularly?

 

With this in mind and the fact that i was curious to know wether it was legal to alter the loan terms without a new signed agreement... I cca'd Apex... Nothing back from them, just that they were passing back to lloyds for "clarification".. and were putting the account on hold and we would not recieve any contact until the relevant docs were sent. how very kind.... So we sent account in dispute letter and stopped paying.

 

Then, they started with calls, (ignored on the ansaphone), asking to contact them. And recently a letter saying that they "may" start with their in house litigation team.. hahahahah... blah blah blah..

 

wrote back stating that account was in serious dispute, enclosed copy of their letter stating that they would leave off until the docs were forthcoming and to bugga off/harrassment etc.

 

I have also Sar'd Llloyds and am awaiting to see what on earth they have been doing with the account and to see what proportion is due to charges. (this is due for collection at local branch tomorrow).

 

I understand that they do not need an original CCA and may come up with a recon to enforce with.. but I am hopeful that a) they do not have enough info to make up a enforcable recon CCA and b)That due to the fact that they have varied the terms of the loan over it's duration it would be unenforcable anyway.

 

If they have included a unilateral power of variation in the terms and conditions and have indeed varied the terms of the loan by adding overdraft to the loan, then they would have to provide an original signed copy of the cca in court. And if they have not got the original then Game over?

Am i correct?

Can anyone shed any light onto why it would be passed to Apex when not in arrears?

 

 

 

Thanks MM

[Bazooka Boo]

So the loan was never in arrears? And the agreed monthly payments were always made on time?

[norestfor]

I am in a similar situation. Lloyds and Apex. Apex started sending me letters for a Lloyds Loan I had. A litle different as I am unable to make the agreed monthly payments on the loan. I managed to get lloyds to send a letter confirming Apex were dealing with the loan . Apex had said they were working for Lloyds.

I am continuing making a token gesture each month until I can do otherwise. This is being paid into the Loan account via Lloyds (over the counter). I do not know who owns the loan, I persume it is still Lloyds.

Perhaps someone could shed light on this.

[madmupps]

So the loan was never in arrears? And the agreed monthly payments were always made on time?

 

Hi,

Sorry for the late reply. The loan was never in arrears but She thinks she may have missed a payment or two.. I have requested SAR from LLoyds to clarify.

Just recently they have passed it on to IQOR who have sent a standard " we may issue court proceedings or visit you at home" letter.

To which i have sent a standard in dispute go away letter.

They replied with a " we are referrring back to lloyds for clarification" .. Exactly the same as Apex did... They are all rubbish!

I can't believe they have not tried to enforce this with a reconstituted CCA by now??

They really must be struggling to get anything together. I am hoping they just have such a mess with this that they can't work it out themselves and know that it would be worthless going to court.

They can send the same letters and pass the DCA for as long as they want, that i can handle till the cows come home.

[Bazooka Boo]

Idiot Iqor are fantastically ridiculous and I have so much fun dealing with them, I sometimes feel sorry for running rings round their telephone threat monkey's.