LLoyds on a fishing expedition?

[frisp]

In 1996 I took out a loan from LLoyds when challenged in 2004 for the loan agreement they failed to produce said and admitted that they could not find the document so I stopped paying until such time as the can.

Recently I've been contacted by them again with a new wrinkle. Apparently when this loan was taken out they opened a bank account for me and my payments went into and then out of this account to service the loan. They've provided me with statements that sort of back this premise up.

They are claiming that the account is overdrawn and that I owe them the around £900 and as this is a Bank account it is not subject to the CCA (True of False?) and as more than 6 years have passed all documentation in respect of this account has been destroyed.

I have responded by saying that i do not recall asking for this account and requested the forms with my signature that agreed to this action.

Interestingly they claim to have some success litigating cases like this in the past, does anyone know of such cases, are they just fishing, with the statements do they have enough for the courts.

comments and advice welcome

[Curlyben]

Re: LLoyds on a fishing expedition?

Sounds interesting.
You are right bank accounts aren't governed directly by CCA, some parts apply but not the normal s77/78.

Now it's of no consequence how they chose to account for this loan and as you never signed for the attached bank account they are slightly stuffed.
Also this will be awfully close to SB'd status anyway.

Now where the letters received frm the bank or in house DCA's ?

[frisp]

Re: LLoyds on a fishing expedition?

Cheers Curly

I've seen off 5 DCAs who were chasing the loan and I'm in correspondence with the bank direct on this latest wrinkle.

I do not know if the 6 yrs for status barred counts, they have statements concerning the bank account up to May 2009.

My thinking is the agreement to open the account was a term and condition of the loan agreement.

Any other ideas or questions I can ask 'em welcome

[Curlyben]

Re: LLoyds on a fishing expedition?

When was YOUR last acknowledgement, in writing or by payment, of this debt.
Just because there's transactions on this account doesn't mean they where indeed made by yourself ..

[frisp]

Re: LLoyds on a fishing expedition?

I stopped acknowledging the account when I stopped paying 3/4 years ago. The statements show payments in and corrections (deductions) for the same amount to May 09. Its a strange set up.

They've never chosen courts action and all their attempts at collection have been returmed to them.

The latest AIC are a bunch of clowns who sent me an open post card discussing the debt and the need for them to phone to discuss. I've reported them to the FSA and got a response stating they were investigating.

All seems a bit wierd hence I think they're fishingand that the account was tied to the loan.

[Curlyben]

Re: LLoyds on a fishing expedition?

Sound similar to Router accounts as used by another bank.
Very odd indeed.

Did you ever use this account yourself at all ??

[frisp]

Re: LLoyds on a fishing expedition?

Never knowingly put a cent in or withdrew anything out

[Curlyben]

Re: LLoyds on a fishing expedition?

In which case they don't have a leg to stand on..

Shame really.

[Tools]

Re: LLoyds on a fishing expedition?

The latest AIC are a bunch of clowns who sent me an open post card discussing the debt and the need for them to phone to discuss. I've reported them to the FSA and got a response stating they were investigating

You should also be reporting them to the OFT for breaching the 664 Guidelines

2.6

• i. disclosing or threatening to disclose debt details to third parties unless legally entitled to do so

• j. acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care, for example, by not putting correspondence in a sealed envelope and putting it through a letterbox, thereby running the risk that it could be read by third parties.

I would also consider one to the ICO for good measure too

[frisp]

Re: LLoyds on a fishing expedition?

Did that too tools with the form you pointed me to the last time. Got the same response that they'll investigate.