LLoyds refused CPA claim from Sept 2011

[lelu19uk]

Hi all,

 

In August 2011 I cancelled a CPA from a payday lender. I did this in writing to Lloyds (I still have a copy of the letter).

 

No payment was taken in August 11, but in Sept 11 Lloyds let the company take £1140 from my account in 7 transactions. I made a complaint over the phone at the end of Sept 11.

 

They refused to so a chargeback or solve the problem at all. Instead they demanded proof I had paid the payday lender in full. I didnt have this at the time and didnt no what to do. So I did nothing.

 

Recently I submitted a claim for this money under the fact they had failed to keep to the CPA.

 

They have declined any liability and stated because I continued to to use the account there is nothing they can do.

 

In July 2012 they defaulted my account because I refused to pay £300 in charges when they failed to cancel several direct debits. I also made a claim for this. In the letter they sent they ackowledged that i tried to cancel the direct debits over the phone.Surely this makes them liable for the default that was registered and the charges.

 

I recieved a letter stating that they will not removed the default and they are offering me £220. £100 off the outstanding balance. £100 compensation. £20 to cover my postal costs and the failed SAR that I requested.

 

They have agreed to fullfil the SAR request asap.

 

My problem is I feel they are liable for the full amount as the failure to cancel was their fault. Can someone advice me on what letter to send next. Also am I legally allowed to cash the cheque for £220 and still take this further?

 

Regards

Lx

[BRIGADIER2JCS]

Refer the bank to the PAYMENT SERVICES REGULATIONS 2009 THE BANK MUST ACT ON THE CUSOMERS INSTRUCTION TO CANCEL.

 

THE FINANCIAL CONDUCT AUTHORITY HAS STEPPED IN RECENTLY TO REMIND THE BANKS OF THEIR OBLIGATIONS.

[lelu19uk]

Thank you for your advice.

 

I did refer to that in my first letter, they stated because I didn't provide them with proof of payment of the payday loan they are not interested.

 

Do you know if i can still cash the cheque or do i send it back?

 

Lx

[BRIGADIER2JCS]

1. If the account was defaulted purely because of charges without which the account would not have been defaulted NO default should be placed.

2.YOU DO NOT have to prove the PDL was paid it's none of their business.

3. Cash the cheque and write to the bank accepting their PART payment and state you now require the charges to be cancelled and the default removed.

[lelu19uk]

Thank you,

 

I am assuming I can also claim back the money they let go out because they didnt cancel the CPA.

 

The default happened because they failed to cancel the direct debits that I asked them to cancel.

 

Can I also claim compensation for the fact it has taken 7 months and 6 letters to get a reply from them. I have had numerous debt collection companies demanding payment. Continuous phone calls etc. Despite the fact the debt was in dispute Lloyds passed it on to debt collection anyway. If I can what sort of figure is normal to claim? Would I bee looking to claim interest on the £1145 for the failed CPA cancellation?

 

Thank you again

[BRIGADIER2JCS]

Yes claim all you have lost because of the failure to cancel.

 

Nothing to stop the bank using a debt collector, which one was/is chasing this?

[ims21]

How far would you be prepared to take this? Would you be prepared to sue your bank is small claims?

 

This is a classic BCOBS case.

 

If a judgement could be obtained against the bank for a case like this then the FCA will most certainly be interested as they can then act against a bank themselves.

 

You would be suing for the failure of the bank under its statutory duty.

 

We can help you with all of this but you would need to be prepared to go all the way with it.

[BRIGADIER2JCS]

I'll this in your hands now ims.

[lelu19uk]

I would be prepared to take this as far as I can.

 

I was laughed at by their customer service department when I first made the complaint.

I was lied to on more than one occasion.

They have contradicted themselves in letters.

Was told by one representative that they don't record phone calls but the person that is dealing with my complaint has listened to the call.

They have passed judgement on my tone in the call. They wont give me a transcript of it. They keep ringing me,despite repeatedly telling them i only deal in writing.

 

All the above is how I have been treated by Lloyds and believe me I could go on and on.

 

Do I go to the FOS ,reply to Lloyds, or go straight to small claims?

 

Lx

[ims21]

Stand back fro a moment because there is a process that would need to be followed here and we would need to get all of the information together. From that we can help you prepare a BCOBS based complaint to the bank which would outline what has gone before and what you expect them to do about it.

 

It sounds like you have kept a goodly amount of paperwork for this so do you have copies of all correspondence from both sides since this all started with the failed CPA cancellation?

 

Do you have all of your account statements for the period we are talking about so that you can identify the charges that have been applied?

 

You have a letter from them which acknowledges that you cancelled direct debits over the phone with them...is that correct?

 

Have you any other data missing other than the transcripts of the phone call(s)?

[lelu19uk]

They have failed to send me a SAR request as of yet but have acknowledged that I sent one (6 months after I sent the SAR into them). They said they will deal with it asap. - Their excuse was that I had sent it to the wrong department.

 

I have a letter which states that I cancelled direct debits over the phone but doesn't say how many or which ones (I cancelled them all).

 

I have all the letters I sent them dating back to 2011 when I first sent the CPA.

[lelu19uk]

FYI

 

They never acknowledged the CPA only over the phone but no payments were made to the company in August 11 - so i assumed all was ok.

I have only had 2 letters from them since I started chasing this in Dec 12. - One refused my first SAR attempt due to the cheque being in my partners name.

The second SAR request the postal order was cashed but I have recieved no paperwork. This was part of my complaint and they replied stating this would be dealt with asap and I would receive my SAR reply in due course.

 

Lx

[ims21]

Ok when did you send the SAR.

 

On waht date did they say they will deal with it asap?