FOS response

hardboiled

I'm now fighting both the FOS and a bank. the FOS are appear to be on Lloyds side and not hidding it!!
2 mins and I'll type it out

hardboiled

case number XXX: Your complaint about Lloyds TSB Bank Plc

This section of the form is for the adjudicator at the Financial Ombudsman Service to complete where appropriate - adding comments or referring to documents of particular relevance to the
case.

adjudicator’s notes _

Mr Hardboiled has said he does not feel that the debt is enforceable because Lloyds TSB had not provided him a copy of the signed credit agreement. Lloyds TSB’s letter dated 26 October 2010 explained that it was unable to provide Mr Hardboiled with copies of the credit agreements due to the length of time that has passed since the accounts were opened. Lloyds TSB was only obligated to keep the documents for six years.

Mr Hardboiled has confirmed that he applied for and had the benefit of the funds from the loan and the overdraft facility. Lloyds TSB is entitled to hold Mr Hardboiled liable for the balance and take reasonable steps to recover the debt, which includes passing the account to an external collection agent.

Lloyds TSB has confirmed that Mr Hardboiled can contact the collection agents to arrange an interest free repayment plan. If Mr Hardboiled is experiencing financial difficulties then he may wish to contact and make use of a non fee charging debt management agency which might be able to assist in making repayment proposals.

Mr Hardboiled has also mentioned that he feels that the loan and the associated payment protection insurance were mis-sold. Lloyds TSB needs to be given an opportunity to answer these complaints. Mr Hardboiled should raise his concerns with Lloyds TSB directly before the ombudsman service can investigate this issue.

How we decide complaints

• We are completely independent- and we make up our mind based on the facts of each individual case. When we have looked at a complaint and weighed up all the facts, we may decide either that the business you are complaining about acted wrongly and you have lost out as a result- or that it has done nothing wrong and it treated you fairly.

• If you do not accept my conclusion, you can ask for a review. This can involve -
at the last stage — a final decision by one of our ombudsmen. To ask for a review of your case, please use the card enclosed with this form.

for more information about how the Financial Ombudsman Service works
• Please see our consumer factsheet “how we deal with your case" — available from the publications section of our website at https://www.financial—ombudsman.org.uk

The 6 years thing is absolute rubbish. It's not covered by the data protection act and 6 years from what I can see is the minimum NOT the maximum. and that's for Inland revenue purposes which from what I've read have now been reduced to 3 years ( unless someone wants correct me )

hardboiled

I mentioned nothing about my financial situation and yet they they've said there is one, and the statement are not a complete set.( they don't show a transaction of £0000 being placed into the account.
could they be anymore bias if they tried or am I misreading it.

And yes its moorcrap on my back which is why I joined in.

fermi

Well, that letter from the FOS doesn't address the matter of legal enforceability at all.

Just basically says that Llyoyds can sell/pass the debt on (TRUE), and the DCA can ask for payment (TRUE).

As said, what Lloyds are obligated to do, and what they would do if they they had given any thought to the consequences are 2 very separate things. Chucking out the documents was a daft thing to do.

FTW

hardboiled wrote: »

case number XXX: Your complaint about Lloyds TSB Bank Plc

This section of the form is for the adjudicator at the Financial Ombudsman Service to complete where appropriate - adding comments or referring to documents of particular relevance to the
case.

adjudicator’s notes _

Mr Hardboiled has said he does not feel that the debt is enforceable because Lloyds TSB had not provided him a copy of the signed credit agreement. Lloyds TSB’s letter dated 26 October 2010 explained that it was unable to provide Mr Hardboiled with copies of the credit agreements due to the length of time that has passed since the accounts were opened. Lloyds TSB was only obligated to keep the documents for six years.

Mr Hardboiled has confirmed that he applied for and had the benefit of the funds from the loan and the overdraft facility. Lloyds TSB is entitled to hold Mr Hardboiled liable for the balance and take reasonable steps to recover the debt, which includes passing the account to an external collection agent.

Lloyds TSB has confirmed that Mr Hardboiled can contact the collection agents to arrange an interest free repayment plan. If Mr Hardboiled is experiencing financial difficulties then he may wish to contact and make use of a non fee charging debt management agency which might be able to assist in making repayment proposals.

Mr Hardboiled has also mentioned that he feels that the loan and the associated payment protection insurance were mis-sold. Lloyds TSB needs to be given an opportunity to answer these complaints. Mr Hardboiled should raise his concerns with Lloyds TSB directly before the ombudsman service can investigate this issue.

How we decide complaints

• We are completely independent- and we make up our mind based on the facts of each individual case. When we have looked at a complaint and weighed up all the facts, we may decide either that the business you are complaining about acted wrongly and you have lost out as a result- or that it has done nothing wrong and it treated you fairly.

• If you do not accept my conclusion, you can ask for a review. This can involve -
at the last stage — a final decision by one of our ombudsmen. To ask for a review of your case, please use the card enclosed with this form.

for more information about how the Financial Ombudsman Service works
• Please see our consumer factsheet “how we deal with your case" — available from the publications section of our website at www.financial—ombudsman.org.uk

The 6 years thing is absolute rubbish. It's not covered by the data protection act and 6 years from what I can see is the minimum NOT the maximum. and that's for Inland revenue purposes which from what I've read have now been reduced to 3 years ( unless someone wants correct me )

As far as I'm aware, they're supposed to keep data for 6 years after account closure.

hardboiled

They closed the account, not me.
well I'm glad that's cleared up. What I don't see is how Moorcrap can collect with no CCA. I'm puzzled.
even the legal aid reps I've spoken to are puzzled.

hardboiled

Surely if there's any contract it's between the bank and the DCA not you ,so why would I have to pay a DCA AND pay their additional fees ?

hardboiled

request deleted

FTW

hardboiled wrote: »

Surely if there's any contract it's between the bank and the DCA not you ,so why would I have to pay a DCA AND pay their additional fees ?

Exactly. You don't.

hardboiled

Thank you.