Lloyds & SAR

[theformerdebtor]

Got the answer from them now. I am planing my next move.

 

 

 

 

[theformerdebtor]

merry christmas to all cag users

[Ford]

sounds good so far? all related charges back plus o/d interest, and stat interest, plus compensation.

just the issue of the default?

 

and a merry one to you

[theformerdebtor]

Hi Ford. Thanks. Merry one to you too

 

Thanks for reply.

Yes, thats right. As they all admitted that all this happened due to their mistake the default should be removed too.

I might consider it taking the matter to court as well.

 

Thanks

TFD

[theformerdebtor]

hi all

 

Thanks for reading my thread. I might need a bit of help to draw a letter and to let them know that I am not happy with their final answer regarding the default and if they are not putting everything right I will consider to take the matter to court.

 

Their argument is

 

" In relation with the default notice against your credit file, as explained in our previous letter we are not able to amend this. On reviewing your account both then and now, we have found that the notice would have been applied anyway due to the position of the account, regardless of this error or the subsequent charges applied. "

 

WHAT ???

 

They can predict the future now??

 

Thanks for reading.

[BRIGADIER2JCS]

In my opinion you have little chance of getting the default entry removed from credit records, the banks explanation seems very reasonable on this.

 

You have I think exhausted the banks 'complaints procedure' so your way forward is a complaint to FOS and/or the ICO, you will need to send copies of ALL correspondence to them.

[2Grumpy]

Have you tried telling them that if they had not made a mess of the account then you would have paid money in and the default would not have been registered, but because of their blunders, you had to make alternative banking arrangements for that period to avoid their trousering all of your cash. It sounds as though they made it impossible for you to use your account.

[theformerdebtor]

Have you tried telling them that if they had not made a mess of the account then you would have paid money in and the default would not have been registered, but because of their blunders, you had to make alternative banking arrangements for that period to avoid their trousering all of your cash. It sounds as though they made it impossible for you to use your account.

 

Hi Grumpy

 

Thanks for you reply.

 

 

That is exactly what happened to the account. The FOS was in my favor every time I contacted them about this.

It was everything ok with the account until all this happened. That's why I need to draw and send them a letter about.

 

Thanks

TFD

[theformerdebtor]

In my opinion you have little chance of getting the default entry removed from credit records, the banks explanation seems very reasonable on this.

 

You have I think exhausted the banks 'complaints procedure' so your way forward is a complaint to FOS and/or the ICO, you will need to send copies of ALL correspondence to them.

 

Hello Comrade. Is that how you spell Comrade, is it?

 

Thanks for reading my thread and thanks for your reply.

 

This has been a long battle now so, I just got in touch again with the FOS.

 

There is something that I didn't realise until today. Lloyds never inform me that the account will go into Default nor sent me a Default Notice, which at this point the Default in the Credit File is a bit illegal, is that correct? More than that they entered the information twice. So my Credit File shows that I had two account with Lloyds both for the same amount and both in Default at the same date, instead of one.

[BRIGADIER2JCS]

Hello Comrade. Is that how you spell Comrade, is it?

 

Thanks for reading my thread and thanks for your reply.

 

This has been a long battle now so, I just got in touch again with the FOS.

 

There is something that I didn't realise until today. Lloyds never inform me that the account will go into Default nor sent me a Default Notice, which at this point the Default in the Credit File is a bit illegal, is that correct? More than that they entered the information twice. So my Credit File shows that I had two account with Lloyds both for the same amount and both in Default at the same date, instead of one.

 

 

If no default notice was received the default could be Unlawful (civil matter not criminal).

 

 

The process of reporting accounts to credit files has changed, instead of the original creditor removing its entry when a debt is sold it marked settled/satisfied then the debt purchaser enters their details on the files so the progress/conduct of the account fully.

 

 

However the Default date can never be changed it must always be that placed by the OC.

 

 

Also Default Notices are not routinely archived as hard copy and all a creditor does is note that a DN was sent on specific date.

 

 

Is there no mention of a DN being sent within the SAR data?

[theformerdebtor]

Thanks again.

 

Always at the barricade.

 

 

Nothing really. Please see #12

[Ford]

remind, did you do a full dsar?

their a/c logs (usually supplied re a dsar) wld show whether a dn was issued and when.

[BRIGADIER2JCS]

Was a full SAR ever done?

[theformerdebtor]

No. I requested it with the £10 fee and what's in post 12 is what they replied with. I didn't know what to do from there. Tbh, I don't want to ask them to produce a copy as I am aftaid that if they don't have one they might draw one just now.

[BRIGADIER2JCS]

No. I requested it with the

 

 

 

 

Lloyds have pulled a fast one here saying " here's the statements you asked for" and taking the stat fee for that.

Even though a deal of time has passed this should be challenged with the Data Controller of Lloyds.

[Ford]

yes seems they've fallen short. looking back, you did do an 'all' data request #7

[theformerdebtor]

Hi Ford.

 

Thanks for the reply. Yes I did requested a SAR.

[theformerdebtor]

No. I requested it with the

 

 

 

 

Lloyds have pulled a fast one here saying " here's the statements you asked for" and taking the stat fee for that.

Even though a deal of time has passed this should be challenged with the Data Controller of Lloyds.

 

Is there a template for that please?

[ims21]

There is a failed SAR letter in the CAG library.

 

If there is something specific you want you can highlight this in the failed SAR letter.

 

Was it a full SAR that you sent them originally or did you just ask for specific information?

[theformerdebtor]

There is a failed SAR letter in the CAG library.

 

If there is something specific you want you can highlight this in the failed SAR letter.

 

Was it a full SAR that you sent them originally or did you just ask for specific information?

 

Hi IMS

 

I did asked for a full SAR. And their reply is in #12.

[ims21]

OK so failed SAR letter then

 

It is in the CAG library, the link to which is at the top of every CAG page in green.

[Ford]

this might be it formerdebtor, re partial compliance

edit to suit

http://www.consumeractiongroup.co.uk/forum/showthread.php?387318-Failed-SAR-Partial-Compliance-40-Days-Have-Expired

[theformerdebtor]

Got it. Thanks guys. I'l have it send tomorrow. I will keep you all updated.

 

PS:

I've contacted FOS about it again and they are now waiting for my reply. I want to see if Lloyds have the Default Notice before I'll reply to FOS. What's the time limit you can send the completed forms back to the FOS?

[theformerdebtor]

Hello all

 

Got the answer from Lloyds now.

They asking for the £10 pounds to be paid when I've actually told them that they didn't comply with it.

 

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[Ford]

didnt you already send them a tenner with yr initial dsar?

and they processed it, sending limited info, without asking for that id? typical loyds!