Lloyds TSB

[Cocoabean]

Hi all,

Could anyone refer me to the process for dealing with debtors letters regarding Lloyds TSB? I closed my saving account in 2006, have written to them since to tell them this (2008 & 2010) yet I've just received a letter from Lowell finance stating I owe £920. Lloyds won't send me any info unless I change my address in a bank yet they write to me at various addresses. They deny I closed the account. Not sure what to do and would appreciate any advice.

Cheers.

[FlamingParrot]

Re: Lloyds TSB

Hi all,

Could anyone refer me to the process for dealing with debtors letters regarding Lloyds TSB? I closed my saving account in 2006, have written to them since to tell them this (2008 & 2010) yet I've just received a letter from Lowell finance stating I owe £920.

Hi and welcome!

You say you had a SAVINGS account and you assume Lowell are chasing you over that account. Savings accounts don't have overdraft facilities. :noidea:

Did you have other accounts with Lloyds such as a current account with an O/D facility? :confused2: Or a credit card? Do you know exactly what Lowells are chasing?

Lloyds won't send me any info unless I change my address in a bank yet they write to me at various addresses. They deny I closed the account. Not sure what to do and would appreciate any advice.

Cheers.

Various addresses? :confused2: Are they writing to your current address? How do you know they write to other addresses, have you still got a mail forwarding service or do you collect the post from there? :noidea:

What sort of information have you requested from Lloyds? Did you send a SAR? A CCA request? We need a bit more info to figure this one out. :sad:

[Cocoabean]

Re: Lloyds TSB

Thanks for replying.

Its a cheque account.

I have moved 6 times since the account was closed (or not closed in their opinion). They have written to me at 2 of those addresses that were forwarded and at a family members address who forwards to me (I'm unsure how they got that address). I also still get mail from the original address as its my flat I rent out to a tenant.

I have written to Lloyds customer service informing them what I paid and when in order to close the account. I don't have proof of this but am trying to get it.

I wrote to the Lloyds DPA, cc'ing the previous debt collection agency, to obtain copies of my statements however they wouldn't send it until I changed my address with Lloyds. I don't wish to do that as I don't want any repercussions financially on my existing address. Also am I admitting to the debt by giving them my address?

Llowells letter states they "bought the outstanding balance off Lloyds".

Thanks again, I really appreciate the help!

[FlamingParrot]

Re: Lloyds TSB

I'd be inclined to send Lowells the "Prove It" letter posted here to start with: http://www.legalbeagles.info/forums/...9479#post59479

That should put the ball in their court layball: as the Leeds Losers try to find anything that shows you really owe the money. That letter wouldn't acknowledge the debt, which is something you should be trying to avoid, as even if there was an outstanding O/D balance, if it was from 2006, it would be Statute Barred by now. :clock:

You could send Lloyds (not Lowell) a SAR, however, that would cost you £10 + postage and they may come back claiming not to have data from 2006 as it's been over 6 years. :rant: I would leave this option for later if it was me. :thumb:

[Cocoabean]

Re: Lloyds TSB

Wow I've read through that whole thread, amazing info in there.

As far as I can tell I should perhaps send this below as it has now been passed onto another debtor?

How can I get them to stop calling and writing to me at other addresses?

Should I advise them to write, not call or visit, at an address other then my current home but one I have access to mail from?

When does it ever go away? I keep thinking they've left it then it rears up again-so stressful!

Originally Posted by Pass to another DCA
ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX


I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998


My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.


As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.


Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.


Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.


If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.


After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines


I hope that this will not be necessary and an acceptable solution can be accomplished.


I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.


Yours faithfully

[FlamingParrot]

Re: Lloyds TSB

Wow I've read through that whole thread, amazing info in there.

As far as I can tell I should perhaps send this below as it has now been passed onto another debtor?

The account has been sold to a debt purchaser, however, from what you say, you closed the account with Lloyds and that was that, which means you don't really know what Lowells are pursuing you for, and it's up to them to PROVE that you owe the money they claim you owe, something they may not be able to do given the age of this account.

If you look at the dispute letter you posted above, you'll see it refers to an outstanding CCA request amongst other things. This does not apply to you, firstly because overdrafts do not require a credit agreement to be entered into, as they are a facility attached to your current account. For that reason, you wouldn't have sent such a request, which means you can't argue they haven't complied with your request. :nono: Also this debt is likely to be SBd, however, Lowell will have to start by proving such debt exists in the first place. :thumb:

How can I get them to stop calling and writing to me at other addresses?

Should I advise them to write, not call or visit, at an address other then my current home but one I have access to mail from?

When does it ever go away? I keep thinking they've left it then it rears up again-so stressful!

The Prove It letter takes care of all this, you're asking them to stop all collection activity until such time they can prove the debt exists. They will have to go back to the OC and obtain statements to that effect, and they may not be able to do so given that the account was defaulted/closed over 6 years ago, in which case they'll just have to leave you alone. :bolt:

If you hear from them after sending the letter, do come here to post before responding with anything.

[Cocoabean]

Re: Lloyds TSB

Excellent, makes sense. Thanks!

[Celestine]

Re: Lloyds TSB

Arghhh! Lloyds clearly have a DELIBERATE policy of NOT closing accounts when you request them to. Then when a rogue DD or SO hits, they can whack you for charges.

They did it to me 4 years ago, I closed current account, but then got letters demanding £180. I went to branch to be told:

Lloyds: "Ohhh you didn't close your current account, you closed your Savings account"
Me: "I don't have a savings account"
Lloyds: "Yes you did, we opened it for you as a courtesy"
Me: "I didn't know about it"
Lloyds: "So do you want to close your current account now, but only if you pay us £180 in charges "
Me: " XXXXXX&%^£$"(*&^) "

[Cocoabean]

Re: Lloyds TSB

Hi there, I posted the prove it letter but without my address on it. My family member is still receiving post x 2 per week from Lowells and from Red (theirs commenced on Nov 5th 2013). The family are getting very stressed about these letters so I need to stop them going there and also stop them altogether. Surely its illegal for them to hound without acknowledging my letter?! Thanks in advance for any help.

Celestine, I think you are right its deliberate on Lloyds behalf. Outrageous really.

[Cocoabean]

Re: Lloyds TSB

Hello,

Ive still not sorted the above. The family members are still receiving letters. Im going to have to give my current address or the family may implode! Will I be admitting anything by giving my address? Shall I change it at a Lloyds TSB branch?

Im not sure what to do next as they just ignored my prove it letter?

Surely this is harassment?