home
in

Your help/input would be greatly appreciated.. Thanks in advance!

Last post Tue, Oct 16 2012, 4:08 PM by YorkScot. 15 replies.
Page 1 of 2 (16 items)   1 2 Next >
Sort Posts: Previous Next
  •  Tue, Oct 16 2012, 4:08 PM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    Hi Huckster I have forwarded a complaint to the FOS.

    It is the length of time it has been left that is my main concern, and the fact that they did not try to contact me other then write to an address which has not had a response from for 6 years! The FOS have said they are happy to look at this, but I will not contact the TSB again, they were so rude to me, and while i can understand that they have been trying to contact me for the last 6 years as i did not update my address details , I feel they have some responsibility to look at an account and decide the right action for it, before it is defaulted. They managed to get my information to place the default on my credit file quite quickly, why did they not apply the same rule to find out were i am currently living, this would have showed my existing TSB account, and they could have contacted me to reclaim the money outstanding??

    I will keep you posted the best I can!

    Thanks for all your support!

    • Post Points: 5
  •  Tue, Oct 16 2012, 3:56 PM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    After you have tried all the available options, In addition to the FOS you can request the help of the Information Commissioner's Office (ICO) to look at your case, to decide if they believe you are being unfairly treated by the creditors continued refusal to remove the default from your credit records.

    http://www.ico.gov.uk/for_the_public/topic_specific_guides/credit.aspx

    What should I do if my credit file is inaccurate?

    If your credit file is inaccurate, you can raise your concerns with the credit reference agency. However, the problem may lie with the original lender or organisation that supplied the agencies with their information and you may need to contact them instead.

    In most cases these issues should be speedily resolved, but in those cases where there is an obvious inaccuracy and it's not corrected, we may be able to help. Please note that it's not our role to decide on financial disputes.

    • Post Points: 5
  •  Tue, Oct 16 2012, 3:19 PM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    YorkScot:I have now had a final response to this: They are not going to remove the default, but have sent in the letter that to restore my confidence in them and to put things right they have arranged to refund the full amount, Following this the account will be settled and the DCA will make no further contact. I have tried to speak to TSB regarding this, any ideas on what next??? Thanks

    So they have refunded the full amount and the default is fully satisfied. It will take a few weeks before your credit record is updated, so I would suggest that you check it.

    If they won't remove the default, you can ask the credit reference agencies (CRA's) to apply some notes on your behalf, so anyone looking at the default, can see there is an explanation. Ask the CRA's about this.

    If you want to continue with a complaint you can do this with the FOS.

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

    • Post Points: 20
  •  Tue, Oct 16 2012, 1:39 PM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    I have now had a final response to this:

    They are not going to remove the default, but have sent in the letter that to restore my confidence in them and to put things right they have arranged to refund the full amount, Following this the account will be settled and the DCA will make no further contact.

    I have tried to speak to TSB regarding this, any ideas on what next???

    Thanks
    • Post Points: 35
  •  Fri, Oct 12 2012, 11:14 AM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    YorkScot:Huckster your help is greatly appeciated.. thanks! Ref the last post, do they have to send me there proposal in a letter form before its accepted, as the TSB guy, who wouldnt give me the number, and rang on a private line, said he would apply as of yesterday, i asked hom to confirm all the offer in writing, do they have to send me the proposal in writing, so i can review first, the guy was quite tricky with me, and was not helpful at all!

    They should, but that is good practice not something regulations say they have to. They might not. Sometimes that staff that handle the calls, don't do the letters. They rely on other to send letters and they may not.

    Wait for say a week and if nothing in writing, phone to make a complaint.

    • Post Points: 20
  •  Fri, Oct 12 2012, 10:43 AM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    Huckster your help is greatly appeciated.. thanks!

    Ref the last post, do they have to send me there proposal in a letter form before its accepted, as the TSB guy, who wouldnt give me the number, and rang on a private line, said he would apply as of yesterday, i asked hom to confirm all the offer in writing, do they have to send me the proposal in writing, so i can review first, the guy was quite tricky with me, and was not helpful at all!

    • Post Points: 20
  •  Fri, Oct 12 2012, 10:22 AM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    YorkScot:Thanks for all your advice. The guy from TSB was quite forward, and told me this was there offer, and he would be applying it as of yesterday. I didnt agree to it, but am i right in thinking that they have to send me confirmation of the proposal before its applied so i can review and sign off to confirm if i accept or not?

    Reject their offer and insist on what I have put in my last post. If you went to the FOS, the bank will get charged a £750 case fee and it will cost you just the time to phone/complete forms.

    I would be tempted to see if you can phone the person you last spoke to. Be nice and firm about what you want to happen. Get them to refer to their manager for agreement. I would be surprised if they refused.

    • Post Points: 20
  •  Fri, Oct 12 2012, 9:28 AM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    Thanks for all your advice.

    The guy from TSB was quite forward, and told me this was there offer, and he would be applying it as of yesterday. I didnt agree to it, but am i right in thinking that they have to send me confirmation of the proposal before its applied so i can review and sign off to confirm if i accept or not?
    • Post Points: 20
  •  Thu, Oct 11 2012, 5:25 PM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    Tell them that a default can only be registered within 6 months of the default occuring. So you require them to write off the account totally, not with £100 remaining and to have the default removed. If they refuse to do this, tell them that they must issue their final response and you will then refer the complaint onto the FOS.

    Then see what they do.

    • Post Points: 20
  •  Thu, Oct 11 2012, 4:26 PM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    UPDATE

    I put in a complaint to the financial ombudsman, to LLoyds

    I was contacted by lloyds who have said they will take off all the interest, to reduce the amount to £100, and mark the default as satisfied, and call off the debt collection agency. My question is why do you think they did this, i have asked them to reopen the account so i can pay the full amount of £300, and to ask them to take off the default but they have refused.

    I am now unsure as to whether I should accept this?

    It seems to me that the fact they are taking away the interest, and marking as satisfied, they are not asking for any monies from myself for payment and prepared to write off the debt of £100. Do you think this is there way of trying to settle this the easy way, so I do not pursue this further through the financial ombudsman?

    I questioned the day of the default, and the fact that I already had a new current account with them which they did not say counted. The new account i opened had all my current details on, and ive been reliably told by my local friendly bank manager that all they need to do a credit report is my full name and date of birth.

    Is it worth pursuing, or do you think this is a good settlement. I am very unhappy with the date of default, but a satisfied default for this amount must be better then a default unsettled for £300?

    Your advice would be greatly appreciated!

    • Post Points: 20
  •  Thu, Oct 04 2012, 12:17 PM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    They have actually closed the account in july 2012, does that mean they have wrote the account off already?
    • Post Points: 5
  •  Thu, Oct 04 2012, 12:06 PM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    I believe the rule is that any default must be applied within 6 months of the default occuring. So they would have to remove and give you the chance to resolve the account situation with them. They might write the account off, if you submit a complaint and go to the FOS. I believe the FOS now charge banks £750 for each claim they deal with, so the banks often want to resolve, if they can.

    Try to resolve through LTSB complaints process and if not go to the FOS.

    • Post Points: 20
  •  Thu, Oct 04 2012, 11:35 AM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    Thanks for this!

    The account actually went over the overdraft limit of £200 in 2009, it was left to accrue after this for nearly 3 years, this in my opinion is when the bank should have registered this as a problem and placed into legal to contact me, which they would have as I appear on the electoral roll at my current address for this. I have spoken to the financial ombudsmnan who also agree this was left to default to long, and they would help with this. If i am able to get this default removed, are they able to back date defaults to this date, or does the principal that i have now moved on apply?

    Thanks
    • Post Points: 20
  •  Wed, Oct 03 2012, 6:22 PM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    I think you should send LTSB a Data Protection Subject Access request asking for all the information on the account, including copies of all statements and letters they issued.

    If you have not touched the account in 6 years, if there was some money in the account to pay some of the Direct Debits, it may not be statute barred. Once the account had no money in or had gone beyond any agreed overdraft limit, they would have had to send you letters to the address on your bank records advising you of the situation. I think within 6 months of no contact with you, they should have entered the account into default, cancelling any Direct Debits on the account. They should then have passed the account onto their internal accounts recovery people who should have tried to trace you. Waiting 6 years before adding the default is far too long and is incorrect. In regard to advising LTSB of your new address, this was your responsibility.

    This is a Subject Access Request template. You need to include a £10 cheque or postal order. Send to LTSB head office, marked for the attention Data Protection Officer/Compliance Manager.

    Dear Sir/Madam


    ACCOUNT/REF NUMBER: xxxxxxxxx (or multiple numbers if more than one account)


    Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

    Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

    This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including notes, screen notes, recordings, internal correspondence and external corresppondence. I specifically request copies of all statements for the whole period of the account, details of any Direct Debit Authorities on the account and copies of any requests received to cancel any Direct Debit Authority.


    I enclose the statutory maximum fee of £10. You have 40 days in which to comply.


    If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

    If I do not hear frm you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.



    Yours faithfully,

    • Post Points: 20
  •  Wed, Oct 03 2012, 5:01 PM

    Re: Your help/input would be greatly appreciated.. Thanks in advance!

    Sorry forgot to add, if they can place a default notice on my credit report, why could they not have just looked at my credit report to see where I am currently living and contacted me, they would have seen I had a current TSB account, complete with all my current phone numbers etc., and it could have been sorted?
    • Post Points: 5
Page 1 of 2 (16 items)   1 2 Next >