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Lloyds TSB woes.

Last post Sat, Jul 16 2011, 12:58 PM by Jalexa. 9 replies.
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  •  Sat, Jul 16 2011, 12:58 PM

    Re: Lloyds TSB woes.

    Mr Grimm:So even though I'm not actually a customer of theirs, I can still issue an SAR? How do I go about doing this?

    Info here...

    http://www.ico.gov.uk/for_the_public/personal_information/how_manage/access_info.aspx

    • Post Points: 5
  •  Sat, Jul 16 2011, 12:20 PM

    Re: Lloyds TSB woes.

    So even though I'm not actually a customer of theirs, I can still issue an SAR? How do I go about doing this?
    • Post Points: 20
  •  Sat, Jul 16 2011, 10:15 AM

    Re: Lloyds TSB woes.

    Mr Grimm:

    ...I don't think I can do a Subject Access Request. What would this be related to?...

    .... Their entire process seems to be broken to me....

    Given your reluctance on SAR perhaps my advice will benefit others.

    In this case the deliverable of an SAR is the customer information system entries relating to *all* the contacts you have had with Lloyds on this (and on every other issue) and (possibly subect to redaction) all internal communication which refers to *your* personal data.

    The SAR submission will either list a range of contacts that you agree (from memory) is a complete record of your contacts with Lloyds on the issue (and on every other issue). Alternatively, you will not agree that the SAR submission is (from memory) a complete record of your contacts. In that case you have a wedge to drive into Lloyds - why is the record (allegedly) not complete and are the omissions relevant to the unsatisfactory outcome?

    Proof (of contact) can be difficult to prove retrospectively, however your phone records will provide a list of calls made to the Lloyds number.

    Regarding "legal advice", advice is fine but you must not begin legal action before a FOS referral. However you can still take legal advice after the FOS process completes.

    • Post Points: 20
  •  Fri, Jul 15 2011, 9:45 PM

    Re: Lloyds TSB woes.

    Again, thanks for the help. We're going to wait for the 'final decision' letter to come through in the post, and forward it to the FOS. We wanted to forward it to the ICO too, but the form mentions that if you've known about it for over a year, they probably won't investigate.

    Oddly enough, our next door neighbour had a similar problem to this, and theirs was resolved. Again, the company in question was Lloyds TSB.

    I don't think I can do a Subject Access Request. What would this be related to? Some of the things we reported were actually recorded on a file against the person's account, so they won't provide us with that information. We can't get that information, but he can if he ever shows up. Their entire process seems to be broken to me, and it's really frustrating for us to try to deal with it. I think we'll have to end up getting proper legal advice, even though we can't really afford it.

    • Post Points: 20
  •  Fri, Jul 15 2011, 6:51 AM

    Re: Lloyds TSB woes.

    Mr Grimm:

    ..I've been on to customer services again, and they say that there's nothing further they can do. They'll be sending a letter to me detailing everything we discussed. I asked for an address for the head office, but they pointed out that this won't get the complaint re-opened....

    I can tell from that remark that the isssue was never formally treated as a "complaint" because only the most senior defined person in the complaint handling process has the authority to make that remark, certainly not "customer services". Anyway, any "re-opening" is irrelevant, huckster has explained what is the next step you are entitled to should you remain dissatisfied 8 weeks after first bringing a concern to a bank's attention.

    So the learning point for you (and others) is, if a financial organisation does not address an issue to your 100% satisfaction - at the first time of asking - raise a formal complaint, in writing, strictly in accordance with the organisation's complaint's procedure.

    You need to refocus your concern. You have no absolute right not to have another person with a different name having a defaulted account or debt recovery action registered at the address you currently reside at. That situation would (lawfully) exist if an account holder had previously resided at the address. Ensure your credit report is (and remains) 100% clean (on this issue) and politely deal with any bailiffs. I do not normally advocate credit report subscriptions but in this case it is something you should consider. I would add the cost of that to any complaint settlement you agree with Lloyds TSB and/or the FOS.

    The issue here is how Lloyds TSB dealt with the "fraud" when you first brought that to their attention. It appears to me they have *not* dealt with the fraud at all but acted as if it was a "genuine" account and as a result caused you unnecessary distress and inconvenience (something you are entitled to claim for in a complaint).

    It is *not* too late to raise that "fraud handling" concern with Lloyds TSB as a formal complaint. Or just go straight to the FOS. That'll sort out the "can't re-open the complaint" customer services contempt. And to inform that "complaint" I urge you to do a Subject Access Request. That will cost you £10, Lloyds an administrative fortune, and there is every chance they will shoot themselves in the foot.

    • Post Points: 20
  •  Thu, Jul 14 2011, 11:04 PM

    Re: Lloyds TSB woes.

    It is never out of their hands, even if they have sold the debt on.

    They are still responsible for any incorrect data that they have applied to their own systems and that held by the Credit Reference Agencies.

    If LTSB are refusing to deal with a complaint about data accuracy, then you might wish to inform the ICO of this and see if they will intervene or take on the complaint now.

    http://www.ico.gov.uk/complaints.aspx

    A complaint is not closed until you have reached the end of a process. LTSB should have explained the process for any follow up that you are entitled to. e.g taking this to the FOS. Lack of training or knowledge I suppose.

    http://www.financial-ombudsman.org.uk/consumer/complaints.htm

    Up to you what you do now. If you accept the LTSB brush off, you may have to put up with years of hassle, with you having to tell the debt company of the situation every time they contact your address, hoping they give up. They won't note any records, that would cause them problems selling on the debt.

    • Post Points: 5
  •  Thu, Jul 14 2011, 9:12 PM

    Re: Lloyds TSB woes.

    Thanks to both of you for the replies. I've been on to customer services again, and they say that there's nothing further they can do. They'll be sending a letter to me detailing everything we discussed. I asked for an address for the head office, but they pointed out that this won't get the complaint re-opened. As far as they're concerned, the debt has now been transferred to a 'third party', and is out of their hands. The agency that contacted us yesterday (Fredrickson International), were apparently not contacted by Lloyds TSB. I managed to get someone from Lloyds to give them a call to try to get more information out of them, but they hit the same brick wall I did.

    I was however able to find some more information about the account at Lloyds (one person I spoke to had no problems giving me all sorts of info). It looks like this may have possibly been accidental, and could have been sorted out a couple of years ago. The phone number they have for the customer isn't ours, so I'm not sure where Fredrickson got ours from, but I'm guessing they shouldn't have used it.

    Unfortunately it looks like we're too late. If they hadn't been so evasive in the first place, I get the feeling none of this would have happened. Suffice to say, I'll never bank with Lloyds.

    • Post Points: 35
  •  Thu, Jul 14 2011, 6:49 AM

    Re: Lloyds TSB woes.

    Mr Grimm:

    ...after repeated visits and phone calls to Lloyds, we believed this had been resolved...

    One other thing I would suggest you do is to make a £10 Subject Access Request of Lloyds TSB requiring the provision of all the information they hold on you including all account, correspondence and file notes. Lloyds TSB has a consistent customer information system and you should be able to see evidence of your branch and telephone contacts. There should also be evidence in the customer record provided of Lloyds TSB follow-up action. If not take that up with Lloyds (in writing).

    As huckster mentions, unless the bogus account is in your name you may not see any (bogus account) information in the SAR (or in your credit reports).

    Regarding the good advice to check your Experian and or Equifax credit reports I would mention that one-off Statutory reports cost £2 and you may wish to use that to avoid the hastle of having to cancel the "free" trial.

    • Post Points: 20
  •  Wed, Jul 13 2011, 11:50 PM

    Re: Lloyds TSB woes.

    The only way you will resolve this is by writing to Lloyds TSB head office, addressed to the CEO. Advise them of all the problems you have had and that they have done nothing to resolve this, despite the numerous times you have contacted them.

    If you don't get Lloyds TSB to resolve this, you will be in for years of harassment, with letters, phone calls and even doorstep collectors who have no powers. They may even post a court claim to the address, which could lead to bailffs.

    I had this hassle with a relatives who had never lived at my address. The debts just get sold on and on, with a new company contacting you every six month. They are not supposed to do this, but then I found that the debt collection agencies used creative thinking when applying the OFT rules they should be following.

    Remember that until this false credit record for the relevant person is corrected to delete your address, you could be contacted about other debts that they might owe. Being that Lloyds set up the account creating the false record, they are the people who will need to resolve. The debt collection agencies can't do this.

    This should not affect your own credit rating/records, as debts are people and not address related. But you should check your credit records using the Experian and Equifax free trials, just in case they have connected you with the debtor in error. Just remember to cancel the free trials, as otherwise you will be into a subscription.

    • Post Points: 5
  •  Wed, Jul 13 2011, 11:21 PM

    Lloyds TSB woes.

    I'm looking for some advice on what I can do regarding a problem with Lloyds TSB. A few years ago, someone set up an account with them using our address. We told them as soon as this happened, and sent any statements we received back, marked 'not at this address'. We kept getting them until we eventually started to get threatening letters from dept collection agencies.

    After repeated visits and phone calls to Lloyds, we believed this had been resolved in November 2010. Unfortunately, last week we received another letter from a different agency, which prompted me to give their customer relations department a call. After many heated discussions, I was told that a note had been put on the account to say not to contact our address. Tonight, however, we received a phone call from another agency. Obviously something hasn't worked here, and I'm not really getting anywhere with Lloyds. It was suggested that something had happened recently that caused them to start chasing the dept again, but wouldn't let me know what this was as it'd violate the data protection act.

    Our address is going to keep being contacted by this people until something permanent is done. I don't really want bailiffs turning up here, especially if the only person in the house is my mother. We've tried going to the police, but they won't get involved. The person in question has never lived at this address, and was able to set the account up without proof of residence.

    Please help!

    • Post Points: 35