@asklloydsbank LTSB CC & SCM, no DN but threat of court action

[cwab_sticks]

Hii,

 

Although a newbie, I have been viewing for a while, just no need to post until now. With the changes over the past couple of years with new judgements etc, re validity of DNs, reconstructed CA's I do not feel sure of what I should do.

 

My history : approx 5 years ago, I had to take control of spiralling CC's and 2 loans, as I was unable to meet repayments. I called one of the free DMP's and I have been repaying, at a reasonable amount for the past 5 years. Some CC's accepted payment plans, Lloyds have never accepted and have always sent arrears notices. To be honest, I contacted them at first but was so fed up with the call centres who could not speak 'off script', I gave up calling. I sent several letters which went unanswered by LTSB.

 

This CC was taken out in approx 2002. There were charges on the account about 5-6 years ago, and I have so far, not requested a SAR as I know it's unlikely to get the relevant info from LTSB when requesting it. I have kept every document ever received, but this is currently in storage due to recent house move and not accessible for the next few weeks.

I can therefore, in a few weeks time gather the info to reclaim late payment, over limit charges etc - but I fear it is too late to prevent a default on my credit file.

 

 

 

LTSB have continued to add interest, and I have recieved statements each month. I last 2 were dated 21/2/12 and 21/03/12.

 

I have now recieved a letter from SCM, dated 28/03/12 (sent 1st class!) which is 'a formal demand of account balance', threatening court action, referencing a DN which was not rectified. Also noting that 'interest continues to accrue on a daily basis'. Also if client does 'not recieve a satisfactory response', then credit agencies will be updated.

 

I have not recieved any DN for this CC, and I don't think there is an issue with the post as I have clearly recieved two recent statements and this letter. I have however changed address during this time, with the FEB statements being sent to my old address, which is on a redirection - so I assume all post is being redirected correctly. The MAR statement to the new address, as is the letter.

 

As my debts were defaulted many years ago, my girlfriend has said she would help clear any that are now demanded, to assist in the clearing of my credit file. To received a default this far along the line would be very disappointing. This amount is around £1k. (I assumed, maybe incorrectly, all CC's were defaulted, but now my girlfriend is helping me, we can see that some CC's are still charging interest - which I think indicates they are not defaulted?)

 

 

I would like to ask for advice on how to approach this.

 

When I viewed the site before, there were recommendations of 'unlawful rescission'.

Would this be an option, as they have clearly terminated the account without issuing a default notice?

 

If they have defaulted the account, can they add interest daily?

 

What is the best thing to do, considering I would like to prevent a default?

 

Thanks

[BRIGADIER2JCS]

Hi welcome to CAG,

How recently did you check your credit files?

Defaults should be recorded within 6 months

of the cause of action.

When was the last oayment or written acknowledgment

made to this account.

[cwab_sticks]

Hi, and thanks for viewing.

The last payment was middle of march 2012, through pay plan. I have been paying reduced payments as part of dmp for about 5 years.

I also received a statement dated 21/03/12 with payment taken and interest added, as usual.

 

Thanks

[cwab_sticks]

Sorry forgot to add, checking credit files later today when I get home, as I haven't done so for about 6 months. Thanks

[citizenB]

This is so typical of LTSB/SCM..

 

I suggest you send a SAR request as soon as you can. You almost certainly want to see a copy of the Event Diary/Communication log which details all the coming and going on your account. You will be able to see from there if a Default Notice was sent out and when (not that it necessarily happened) but that it is recorded as happened.

 

If you read round the forums you will see this is a typical LTSB habit..SCM jump the gun and send out the Formal demand without the DN having been sent.

 

I am actually quite surprised that they have decided to do this, especially as you have been paying through a DMP for so long.. despite LTSB not having confirmed the arrangement for you.

 

I am assuming that they have been adding interest to the account which has made it harder to bring the balance down .. Methinks they have pretty much breached every OFT guideline and totally ignored the Lending code which implores creditors to treat people in financial difficulty with a little bit of compassion !!

 

It is nothing short of spiteful IMHO that you have not tried to avoid paying and NOW they decide they are going to put a default marker on your file.. a year before the reporting should stop !!

[cwab_sticks]

This is so typical of LTSB/SCM..

 

I suggest you send a SAR request as soon as you can. You almost certainly want to see a copy of the Event Diary/Communication log which details all the coming and going on your account. You will be able to see from there if a Default Notice was sent out and when (not that it necessarily happened) but that it is recorded as happened.

 

If you read round the forums you will see this is a typical LTSB habit..SCM jump the gun and send out the Formal demand without the DN having been sent.

 

I am actually quite surprised that they have decided to do this, especially as you have been paying through a DMP for so long.. despite LTSB not having confirmed the arrangement for you.

 

I am assuming that they have been adding interest to the account which has made it harder to bring the balance down .. Methinks they have pretty much breached every OFT guideline and totally ignored the Lending code which implores creditors to treat people in financial difficulty with a little bit of compassion !!

 

It is nothing short of spiteful IMHO that you have not tried to avoid paying and NOW they decide they are going to put a default marker on your file.. a year before the reporting should stop !!

 

Hi citizenB,

Thanks for your response, I totally agree with all you have said. I know I need the SAR etc, but they haven't send and default notice. If I had received one my gf would have helped to pay it, to ensure file is not marked this late in the day. I have recieved 3 other items of correspondance so it would be extremely unusual if it was the default notice that 'got lost'. Should I confront them? They haven't sent a default notice so they have terminated the agreement unlawfully. If I leave it, and don't contact them I am sure they will mark the file, but who is to say they wouldnt mark it anyway, without sending a dn?

[citizenB]

TBH, I really dont know what to advise.. I will flag for site team to see if they have any ideas.

[rebel11]

Hi cw

 

Regarding the Credit Cards and loans, have you been Mis-sold PPI on these products? Have you got any Penalty Charges on these accounts that you can claim back with interest? You can claimback 6 years plus. It could be that the amount they are claiming is completely wrong.

 

Have a read of 1,2 and 3 in my signature.

[cwab_sticks]

Hi cw

 

Regarding the Credit Cards and loans, have you been Mis-sold PPI on these products? Have you got any Penalty Charges on these accounts that you can claim back with interest? You can claimback 6 years plus. It could be that the amount they are claiming is completely wrong.

 

Have a read of 1,2 and 3 in my signature.

 

Hi rebel and thanks for your response.

Yes I think I have, but having just moved I do not have immediate access to my documents. Luckily I have never thrown any letters away, but locating them will take some time. This post is for a cc which I know had late payments and over limit charges (created by their interest) so I need to get that info together and reclaim.

 

My immediate concern though is what to do in the short term, as I have been paying a dmp for about 5 years and to have a new default on the file will damage all the hard work. I haven't received a default notice, and I am concerned they will default the account inappropriately.

 

I am not sure wether to respond to scm as they have threatened court action, however I don't think for one minute they will locate the original credit agreement from 2002 - I think I am correct in thinking the original signed copy is still required in court?

 

Do I acknowledge the letter to delay their next steps? Letting them no a dn has not been sent?

 

Thanks

[cwab_sticks]

Hi,

 

Here's an update.....

 

I've sent off the SAR, still have a while to wait.

Have found some statements, charges for late payment and over limit have been made, but I haven't found all statements yet.

I also found a Request under CCA made in 2009, and LTSB response. Surprisingly (or not) they did not comply with the request accurately. They provided a reconstructed copy of the agreement, with the wrong details relating to my account. I am aware they can reconstruct a copy of the agreement, but surely it has to be accurate?

Along with a rather misleading letter as to what they can send to me. At the time my gf said their letter was inaccurate but as I was on a DMP I just ignored it.

 

At the time of my starting this post, a formal complaint to both LTSB and SCM. I received a reply from MHA!?!? Which didn't really confirm or answer anything, and Lloyds basically responded by saying that as you are on a DMP for 5 years it appears you are experiencing 'long term financial difficulties' so we have sent it to debt collection! Very nice, thats why i am on a DMP in the first place!

I have paid off thousands of pounds and the balance is rather low in comparison to the start. I suppose the good thing now is my charges almost make up the balance.

 

Lloyds letter did state, a DN was issued, the account was now defaulted and interest would now cease. Considering the first letters in regards to having failed to meet the mysterious DN was sent back in middle of march I am surprised to have received:

Statements for march and April (dated after SCM letter) which show interest is still being charged, and

further 'court action' letters from SCM which state interest continues to be charged.

 

My credit file is not showing a DN, I am receiving statements still. Any advice on what to do next?

Could this indicate a DN has not been issued, and they are sending out the wrong letters? Can they terminate my account without sending a DN?

 

I thought of a CCA request to SCM, as they don't have the original Credit agreement. Is it still the case that they can't take me to court without the original signed copy?

I suppose I am just trying to delay them until I can reclaim charges, and I assume that once recharges are reclaimed this makes the imaginary DN invalid and that they might actually issue one to which I can oblige (my gf will pay the balance from her savings to get rid of them) and thus ii don't have a default on the credit file?

 

Any advice? Am I doing the right thing?

 

Thanks

CS

[citizenB]

Yes, send a CCA request to SCM - you are entitled to a statement of account, terms and conditions from both inception and current and either a copy of or a reconstruction of the agreement.

 

The reconstruction has to be pretty much accurate as it needs to be produced from other reliable data sources.

 

It is my understanding that should they proceed with litigation then they would need to provide the original.

 

They have 40 calendar days to comply with your SAR, I am assuming you need to wait for the statements in order to make your reclaim for charges!

[cwab_sticks]

Hi citizenb,

Thanks for a quick response, yes SAR for missing statements and details of the mysterious DN dates etc.

[cwab_sticks]

Hello,

Here's an update, along with some confusion.......

 

I checked on the ICO register for the Data Controller address for 'Lloyds Credit Card' and posted of my SAR.

It had been posted a good few weeks, so I checked the tracking to find that it had not been 'signed for'. Wondering if I had posted to the wrong address I started some research, only to find 'Lloyds bank' is entered onto 2 records in the ICO database. I posted mine to Edinburgh, The Mound - which is Halifax etc as this is what was on the ICO register for Lloyds Credit Cards. I then spoke to Lloyds DSAR team in Andover and I was informed yes (edinburgh) is the correct address for Lloyds Credit Cards data protection, but it goes to Andover anyway.

 

However under the circumstances that the other SAR has been 'lost' by royal mail, I have now had to send another, so here goes another 40 days ticking away, whilst reclaiming for the lostone from royal mail.

 

In the meantime I sent a formal complaint to LLoyds TSB, in return I received the usual 'fob off' letters insisting a DN was issued etc etc. I replied requesting a full explanation as to their and SCM's actions on the account, with full details of DN when posted, arrears amounts etc.

 

3.5 weeks later, today I receive a rather strange letter from LTSB. Not a response to my complaints letter, nor even an acknowledgement of my letter but a letter with the following,

 

"I hope we have been able to resolve your complaint satisfactorily by explaining what has happened and I hope we have restored your faith in us.

Please find enclosed a cheque", which apparently covers costs and inconvenience caused!

 

But still no explanation!!!

 

My question to those far more experienced with LTSB - is this common practice by LTSB. They are clearly refusing to explain their actions over the past few months.

Is this a tactic to get rid of me?

 

Also I have continued to recieve monthly statements whereas, they previously requested full outstanding balance and threatened court action. The last statement had the standard arrears notice enclosed. Would it be worth getting my girlfriend to pay this arrears to ensure a default is not made in the future?

 

Many thanks CS

[citizenB]

I suspect they have realised that there has been a c*ck up.

 

This isnt the first time someone has posted that LTSB have sent in the "heavies", SCM - when in fact NO default notice has been issued.

 

You will stand more chance of winning the lottery, not having purchased a ticket, than obtaining an explanation from LTSB.

 

If you are happy with the "compensation", then bank the cheque, pay the arrears and move on.

 

Has a default been recorded on your CRA files?

 

If you really do want to insist on a proper explanation - then you should make an OFFICIAL COMPLAINT - direct to Head Office. I see no reason why you cant keep the cheque After all, you have indeed been inconvenienced.

[citizenB]

BTW, if your letter is still showing as not being delivered - you should put in a complaint to Royal Mail - you can either pick up a form at the post office or download one.

 

After all, you pay extra for Special / Recorded Delivery. Your claim should be for the cost of the postage + paper, envelope, travel to and from post office and at least one hour which you have lost as you have had to rewrite your letter and make ANOTHER trip to the post office.

[cwab_sticks]

 

Has a default been recorded on your CRA files?

 

If you really do want to insist on a proper explanation - then you should make an OFFICIAL COMPLAINT - direct to Head Office. I see no reason why you cant keep the cheque After all, you have indeed been inconvenienced.

 

Hello and thanks for the prompt response,

 

The funny thing is, it was a Formal Complaint, and they responded with a cheque, no explanation and sent to the wrong address! Luckily I have my post redirected.

I'm not too fussed about a proper explanation, I just want to know if the account will default, so far all credit files are not defaulted for this account, so I may just cash the cheque and pay the money towards clearing the arrears in hope this holds them back a while. I have been sorting through old documents whilst waiting for the DPA stuff to arrive and have found quite a few payments for £25 etc on the statements. I'm hoping to hold LTSB back until I can claim all the cc charges back.

 

Another quick question, noticed I had PPi on cc too, which I would never have agreed to, (gf worked for financial insurance group - so neither of us ever took PPI by choice), do I claim credit card charges separate to Ppi, or send together for consistency?

 

Thanks

[citizenB]

Keep the two claims separate - one for PPI and one for charges.

 

If you need any help with these, then just shout.. but you might want to have a read of the thread linked below which pretty much explains everything.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[cwab_sticks]

Hi,

 

I am in the process of a formal complaint with LTSB re: my CC, imaginary DN's, and a default they wish to apply after 6 years of being on a DMP. I have raised 2 formal complaints, the later response I have is that they will place any further letters on file and not respond to any more letters of complaint which I send to them.

 

These letters have been responded from the BX11LT address. When I tried to call (only to get a proper address instead of postal box number ) the telephone number they gave was inactive!

 

I wish to send a final letter to somebody with a bit of common sense, who can actually answer my queries instead of misreading my notes and replying to my old address (twice!).

 

Does anybody know of an address for somebody in authority to whom I may write?

 

Thanks

CS

[dx100uk]

see the stickies of the lloyds forum.

 

pers if the charges + PPI equal the outstanding

i'd get reclaiming.

 

dx

[cwab_sticks]

Hi Dx100uk,

 

Thanks for your prompt response. I am awaiting some of the missing statement (about 1 year 2009) to arrive in the SAR at the moment.

 

I have found most of my documentation, including a very old DN, from which I assumed the account had been defaulted at the time. It wasn't, LTSB were very naughty and left the account open. If they had administered it correctly, then the default would have been added to the credit files 6 years ago. Now they intend on defaulting me now, on a DN they haven't even issued and after adding many hundreds of pounds interest back on.

 

I was attempting to get the account in order first, i.e. interest refunded whilst on DMP (they confirmed in a letter it was stopped and then started adding it for no reason), which would get the balance down first, then charges, then PPI. Is this the wrong order to claim? The trouble is with LTSB all the different departments don't work with each other and if I did them all at once I dread to think how they would cope - or not as the case would be.

 

thanks

[dx100uk]

sadly there is nowt that can really be done.

there are no hard and fast rules or guidelines that seem to relate to DMP's.

 

though i would have though that several missed/late/low payment markers would result in the cra system auto marking the account '8' or 'D' after 6 of them

 

once it gets defaulted all other markers bar the resultant 'd' should disappear .

no other markers should show ever.

[cwab_sticks]

Hi,

 

An update to the LTSB saga.

 

Original SAR sent to wrong Data Controller, I sent to HBOS (as defined on ICO database), so I sent another to LTSB DSAR dept in Andover (on LTSB DSAR team advice + £10 extra).

 

After much too-ing and fro-ing, with HBOS SAR being sent to LTSB Andover and back again! A Formal Complaint complaint raised. Then after 50+ days after 2nd request, I received a partial bundle but no notes from 2006, which is what I need.

 

In response to the late delivery, for compensation they sent £75, which I have accepted as a partial settlement, as £35 was already costs for the damn SAR requests and chasing letters.

 

Still missing letters and notes, within the past 6 years. Sent 2 LBA's, not even a response to either letter.

Now I wish to issue an N1 for DPA non-compliance. Should I ask questions re POC in this thread, or start another?

 

However as always with LTSB things are not simple. to add to this:

• They have now defaulted me in June 2012 (instead of 2006) - but to prove the date is wrong I need the internal notes (under SAR request)
  
• In my last LBA to LTSB DSAR (Andover) I stated all documents must be at 'local branch' on Sat 1st Sept or I will start legal action
  
• HBOS (note a different Data Controller and reportedly in Leeds) responded to their LBA by stating HBOS DSAR will be ready to collect in 'LTSB local Branch' on Sept 1st - however I did not write to them, my only reference to 'local branch' was a week earlier direct to LTSB!
  
• I arrived in branch today, a 50 miles and 2 hour round trip - no DSAR for either

 

So if I issue an N1 for non-compliance, i.e. to LTSB DSAR, do I need to include the 'wrong default date' breech of the DPA & the passing of information to another data controller without my permission also, or can these be handled separately in a different claim/complaint. My concern is that all three issues are under the same act, but I can't prove the wrong default date properly until LTSB comply with the DSAR request.

 

All in all, LTSB have messed me around for nearly 3 months, for the DSAR and 5 months by failing to respond to my ongoing dispute properly. I know they have/are failing under BCOBS, and ICO DPA etc but need the DSAR to continue my complaints.

 

Should I just issue N1 for missing data to start with, as HBOS didn't actually provide the information as promised after all.

I don't think they have taken my LBA's seriously. I sent them to the DSAR address in Andover, was this the correct address?

 

thanks

CS

[citizenB]

This is the address I have for LTSB Data Controller

 

Lloyds TSB

Data Subject Access Request Team

C57 Charlton Place

Andover

Hants

SP10 1RE

[citizenB]

If you issue a claim I think it needs to be sent to their Head/Registered office.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**&highlight=SUCCESS

 

 

A successful claim against LTSB for non compliance of DSAR !!