@asklloydsbank LloydsTSB –old current account - Harassment?

[steve1234567]

Lloyds sent me a letter in July claiming an account was in arrears and demanded payment. I immediately wrote back to them disputing their claim.

 

They have now employed 6 debt collection agencies to deal with this account and each time I have send a CCA and followed up with an Account in Dispute letter and they (DCAs) have not responded again... until now.

 

I sent the last agency the Account in Dispute letter (12+2+30) at the beginning of November and they have replied saying:

 

“ If you read our letter on 22/10 you will see that we returned your fee of £1 advising that the payment needed to be made directly to our client before the request can be actioned. We have not failed to comply with your request as you have not sent in the correct method of payment (cheque or postal order made out to our clients). Please forward this payment to the above address to allow us to process your request with our client.”

 

I sent a £1 postal order made to the DCA. Are the trying it on and is this harassment by lloyds?

[Andyorch]

Thread moved to General Debt Collection.

 

Regards

 

Andy

[Stigman]

Hi,

 

Next time you receive another threatogram from another DCA (but after seeing off 6 of them, not many DCA's for Lloyds to go to lol) instead of sending another CCA request costing you money, send them the following...http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

The last letter you received is DCA Bull, they have a legal right under s175 of the 1974 Consumer Credit Act to pass this on to their Clients which will be Lloyds, the £1 fee payable to the DCA made by you was correct, basically, they did not like the fact that you knew the law, and as they were only collecting on behalf of so not worth their while arguing.

 

When you say Account in Arrears and sending CCA requests, we talking about A credit card, loan etc. ?

 

If the account is in arrears legally (even though you may dispute it) then Lloyds can legally use DCA's to collect the debt.

 

If you can please supply more information as to why the debt is disputed, people can advise further.

 

Stigman

[steve1234567]

Thanks Stigman.

 

This is an old current account which was closed (so I thought) and any overdraft added to a loan. I have not heard from the bank for 5/6 years regarding it and not received any statements. Most of the amount claimed (£350) will be made up of fines and interest on fines. Because of their problems I think they are tying up loose ends!

[BRIGADIER2JCS]

There is no CCA for a current account that's why you have been ignored steve, current accounts are not a regulated credit facility.

If you want full information you need to send a SAR to the bank.

[Ford]

overdrafts are regulated, to a certain extent. but, are excluded from part V requirements, and thus not subject to s78 cca request re a copy executed agreement as such due to the exclusion. but, the remainder of s78 (ie a, b, and c) could apply? (plus, there is the determination requirements re an o/d facility letter)

In COUTTS & Co v SEBESTYEN 2005 the judge stated

''It is common ground:

(a) that the agreement for an overdraft of £2,000 in the terms of Coutts' letter dated 5 April 2002 was a regulated debtor-creditor agreement within the meaning of sections 8 and 13© of the Act, providing for 'running-account credit' within the meaning of section 10(1)(a) of the Act (in effect, a revolving credit within the agreed credit limit of £2,000); and

(b) that, as such, it was subject to the requirements of Part V of the Act (including the requirements as to documentation set out in sections 57 to 63 of the Act) save and in so far as it was excluded or exempted from such requirements.''

 

(note in general though that from 2/11 there are new requirements re o/d's since then)

[BRIGADIER2JCS]

This is a current account the OP doesn't mention an OD>

[Ford]

a current account can't be called in as such re collection if no o/d!

anyway, OP does mention an o/d in #4? o/d added to a loan? so, is re a loan?

either way, post #6 of general info re o/d's

Edited November 11, 2012 by Ford

[BRIGADIER2JCS]

Overdarft has been consolidtated into a loan.

[Ford]

Overdarft has been consolidtaed>

so, is re a loan. cca request relevant then, and should not be 'ignored'.

Edited November 11, 2012 by Ford

[Andyorch]

Its a personal loan to clear the Overdraft.

 

Andy

[Ford]

Its a personal loan to clear the Overdraft.

 

Andy

 

as #10 then.

[Bandit127]

Something looks odd here:

1. The OP has dealt with 6 DCAs in 5 months. This is a very fast turn over. Perhaps provoked by the OPs liberal use of CCA requests, but it seems odd nonetheless.

2. If the original account was in dispute, all recovery activity should have ceased.

 

Perhaps Steve should send a written complaint to Lloyds detailing the following:

1. The original amount was disputed on date XX/XX/XXX for reason YYY. This is a written record of that dispute.

2. Despite numerous requests, no agreement or statement of account that complies with the CCA 1974 has been received.

3. The whole account is now in dispute for these reasons.

 

Your advice is appreciated.

[Ford]

if one of those requests have been banked and not returned then should be no need to do any further cca requests, it should've been forwarded on to loyds. as it seems to be still with loyds, then yes any payment should've been made out to loyds not the dca. best do a cca request direct to loyds in that case.

Edited November 12, 2012 by Ford