Lloyds bank - consumer protection s73?

viio11

Hi all

I have posted before in relation to my joint current account which I have had with my ex. I wanted to know if I was liable since I have not used the account for the last 5 y and had nothing to do with it. I have been advised by you that I was!

I wrote to the bank and requested all the info and copies of the agreements which I thought should say that I am liable for the debt etc. I requested from lloyds the following:

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
4. My current address should NOT under any circumstances be disclosed to my ex husband SB nor should you link his name to this address as he then may find out where I live.

However, it has now been about 2 weeks and so far lloyds have only sent me two letters saying that they are dealing with it and that they anticipate to complete their inquiries within the next 4 weeks...why cant they just send me a copies of my statements as well as a copy of the agreement which shows that I have signed overdraft and agreed it.

Any advice as to what I could do under the above sections would be great.

Thanks so much for any help.

wealdroam

viio11 wrote: »

Any advice as to what I could do under the above sections would be great.

How about... wait another two weeks or so?

Optimist

Patience is a virtue especially when dealing with banks.

viio11

Thanks for the message. I know that I have to wait but was just wandering what can I do in the meantime - perhaps some research? Any remedies if Llloyds does not produce the copies etc.

Also when I wrote tot he lloyds I specifically asked them to not to write to my current address with my ex husbands name due to a fear of him finding out where I live, however today I have received a form for a change of address from my local branch and it is addressed to my and my ex!!!! I would be mortified if he (ex) was able to find out where I live (he is capable of anything and he could be violent) - is there anything I can do to stop lloyds doing this to me. Now I am dealing with them what do they want????

I have asked them not to write to my current address but they refuse to saying that as his name is on the account too that is what they have to do and that there is nothing I can do to stop them.

I intend to write them a letter today asking them again to stop it but any help from any of you would be appreciate.

thanks:(

Optimist

Sorry only scanned your original post and missed some vital parts. Men don't do multi tasking.

You have had a joint account for 5 years and haven't taken steps to close it or at least get your name removed from it !

Under the terms when you signed up it is highly likely you will be liable for any debts incurred. You really need to get your name removed


As to the address it is a joint account, the bank have to involve you both.

viio11

Thanks Optimist - I d like to think that I am one too

Re: bank account is a long story. Had that bank account as a joint for about 13 or 14 years but after i left my ex I actually wrote to them and asked my ex to romove my name but they did not. I have not used that bank account for the last 5 y and assumed that my ex must have sorted it with the bank - needless to say he did not!

I am aware that I am responsible and liable to pay the debt for which I have signed. However, I have no idea what I have signed to 14 years ago my ex could have forged my signature etc I simply have no idea, and that is why I want the bank to send me copies of the agreements and also bank statements so that I can see what I owe, where it was spent etc. At the moment I do not even have access to that account.

One would have tought that it would not be too difficult for the bank to send a copies of the statements + a copy of the agreement _ however lloyds need weeks and weeks to obtain that as it seems.

My ex was and could be violent and under no circumpstances do I want him to find out where I live - it is because I fear for my safety. For the bank to ignore my request and link his name to this address is unacceptable regardless of the fact. They should write to him separately to his address now at least that they are aware that we are separated and that I am in fear of him finding out where I live.

Just to make it clear I will pay back what I owe but not what my ex may have spent if he has defrauded me by forging my signature then running away from it once he has spent all the money....

Thanks so much for your continuing advice...

p.s. men do multi tasking it was probably an oversight on your part...

Optimist

Unfortunately banks work extending slow, even if you were to go through the banks complaint procedure they have 6 weeks to respond.

RadoJo

Could you maybe apply for online banking for this account, so you could at least see the statements etc online - surely if they still consider you a signatory on this account, you should be able to access all the usual information an account holder can, and this might be a little faster than waiting for them to send you statements as it will be part of their normal (and presumably at least semi automated) processes.

viio11

I am told that the account has been closed now (by whom and when I have no idea) so on that basis I am unable to open online banking and I cannot access the statements.

I am in a position whereby I have no option but to wait and see what the case is about. I would love to know what my ex spent £5000 on?

By the way when I went into my local branch to speak to manager and try to at least see the account there the manager told me that it looks like that is a loan account and she said that I had no current account there but only a loan (which for sure I have not taken out or signed!) so on the basis of that maybe my ex converted that account into a loan? Who knows.... for now it is a mistery...:(

viio11

Hi all

I have had a reply from the bank and it seems like a fob off talking about the fact that they ll send me a copy of the default notice and that since they never received a reply from my ex that I my name should be taken off the account - they have not taken it off and that I am liable _ which I know.

My problem is that I want them to send me copies of the statements to see what has the money been spent on and also a copy of the original agreement to see whether I have agreed on the overdraft of £5000 - who agreed that why wa smy ex allowed to just run it without the bank contacting me or anything.

Could someone suggest any legislation under which I am entitled to ask for copies of all of it - so that I can make a decision as to whether I owe that oney or whether my ex and the negligence of the bank has put me into this situation and if so I ll fight it. If I can pay only some part i.e. a couple of grand then fine but not the whole amount which my ex may have spent ...

Also can anyone recommend someone good in london area - not too expensive who could advise or potentially help me reach seattlement with the bank - I d rather give it to the lawyer then the bank - since they ve been so unhelpful and messed me around - AND the worst of all I still have no access to what is allegedly my account"!!!!! So frustrating!!!!

pleaseeeeeeeeeeeeeeee HELP HELP HELP HELP!!!!!!!!!!

THANKS SO MUCH....

Optimist

Pop into your local Citizens advice they usually have a list of solicitors in the local area who will offer a free half hour