Lloyds TSB and the ongoing student O/draft saga

LDC_2

Hi all,

I am desperate to sort this issue out now as it has been going on for a few years and is slowly driving me mad.

I first opened an account with Lloyds as a ten year old back in 1995. In 2003 I converted the account into a student account as I was off to University (Im sure that I must have, but I don't remember signing anything to complete this process). My agreed student overdraft for my first year was £1000. Safe to say being an immature student, by the end of my first year I was right on this limit. In fact, I went over this limit by probbably £100 or so pounds. The overdraft was due to increase to £1250 in my second year and had this been the case, I would have had no issue. But as I was over my limit, they started piling on the bank charges and refused to increase my limit when my second year started. By 2005, I started getting debt collection letters (it has been through a few, Wescott, 1st credit etc) for an amount of £1860 which I could not pay. Even at that stage, I disputed the debt on the basis that they were screwing over a student with bank charges and was told many times that the account would be put on hold pending investigations.

The whole thing caused me to bury my head in the sand for some time as I was young and scared. Aproximatley six months ago, I wrote to Lloyd's using a template from this site asking for a list of all charges and supplying a cheque for £10 to cover the cost. They wrote back to me to say that 'any complaints regarding overdraft charges have been put on hold pending the test case' etc (I didnt make a complaint to them regarding overdraft charges, I simply asked for the list). They also went on to state that 'we can confirm that there have never been any charges applied to the acount in question'. Hmm.

My parents then received a debt collection letter from 1st credit, the first in at least 2/3 years demanding the £1860. I rang 1st credit, explained the situation again (Ive lost count of how many times I have explained it) and they suggested that they would send me full copies of my bank statements. They didn't but what they did send was a letter saying something along the lines of 'lets settle now for 50% of the balance'.

I know this is a long story but wanted to get as many of the facts in there as possible. I need help with what to do next and would be over the moon with any help that you guys can give me. As I said, this has been eating at me for ages now and I was even signed-off University for a year by the Doctor with depression as a result of the stress this has caused me.

Thanks guys.


I have just seen my credit report for the first time and have a CCJ on there for £560 which I think may relate to part of the same debt.

esmerellda

okay you need to send a proper data protection act request. did they return your £10 ?

send this to the bank.

Dear Sir/Madam

SAR (Subject Access Request)
FULL NAME : FULL ADDRESS : POSTCODE
Any past names/addresses
Account numbers (if you know them)

1. I formally request that you forward me a true record of any Data held by your organisation relating to myself for any and all accounts held currently or in the past with your company. This should include, but not be limited to all transaction lists, agreements
2. This request should include any Data held since I started banking with you in 1995.
3. If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.

I enclose the statutory maximum fee of £10. (can say you already sent this if you have) You have 40 days from receipt of this request in which to return to me the information requested , securely and in legible condition.

Please note that the above address is the one registered with your organisation and which you have previously found to be acceptable. (change if applicable if you moved give new address and old address)


Yours faithfully,


(signature)


(name)


at DSAR Unit, Lloyds TSB, Customer Service Recovery, Charlton Place, C57, Andover, SP10 1RE


Also will sort a letter to get 1st Credit sorted for the mo (give me a bit tho)

esmerellda

Here we are...
courtesy of curlyben

ACCOUNT IN DISPUTE

Dear Sir/Madam,

Your ref:


Thank you for your letter of **DATE**, the contents of which are noted.


I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

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

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours BLAH

LDC_2

Cheers Esmerellda your help is much appreciated. I will get these off ASAP and get back to you with the results.