Lloyds should have acted sooner!!!

[Jezzaa]

Lloyds agreed to refund some unauth fees. FOS involved.
Surprize surprize go to take money refunded out of account Branch cant help with collections! Rang from branch to collections totally confusing.
They are using refund against debt on overdraft. Makes it still overdrawn so no I cant have it.
Read somewhere some time ago they shouldn't do this. Can anyone tell me where to find it.?
Thanks Jezzaa

[yourbank]

Originally Posted by Jezzaa

Lloyds agreed to refund some unauth fees. FOS involved.
Surprize surprize go to take money refunded out of account Branch cant help with collections! Rang from branch to collections totally confusing.
They are using refund against debt on overdraft. Makes it still overdrawn so no I cant have it.
Read somewhere some time ago they shouldn't do this. Can anyone tell me where to find it.?
Thanks Jezzaa

Did you get something in writing from the FOS and what was the wording?

If the claim was against Financial Hardship then the bank can offset it against any debt owing but it is unusual that they would refund and leave the account over the overdraft limit which has me intrigued by what was written to you.

[Jezzaa]

Phone call from FOS this morning Saying Bank will refund because they should have acted sooner when I advised of health problems in May 2008. which are life long and have contributed to financal hardship.Accordingly refund was to put me back to a position I was in May 08. Thats a joke it is only tiny conpared to overall charges! FOS Sending letter out this evening to me so I can only go by what was said on phone.

[yourbank]

Originally Posted by Jezzaa

Phone call from FOS this morning Saying Bank will refund because they should have acted sooner when I advised of health problems in May 2008. which are life long and have contributed to financal hardship.Accordingly refund was to put me back to a position I was in May 08. Thats a joke it is only tiny conpared to overall charges! FOS Sending letter out this evening to me so I can only go by what was said on phone.

Have the bank already refunded the charges today or have they not?

[Jezzaa]

Yes they have refunded today.
But cant draw out because it will take me over my overdraft.
Not used account since Oct when I cancelled everything DD wise
Been paying £50 per month to get rid of OD but theyve charged me £29 per month interest. Its supposed to be on a plan?

[yourbank]

Originally Posted by Jezzaa

Yes they have refunded today.
But cant draw out because it will take me over my overdraft.
Not used account since Oct when I cancelled everything DD wise
Been paying £50 per month to get rid of OD but theyve charged me £29 per month interest. Its supposed to be on a plan?

Does it take you under your overdraft facility?

Are you aware that the banks right of offset of a refund overrides any right of appropriation?
Does it also mean that the amount now owing on the OD is reduced?

[Jezzaa]

Under OD by £30 odd
And yes it does mean the overdraft is reduced by the amount refunded
but the refund would be better used to pay mortgage not the bank.

[yourbank]

Originally Posted by Jezzaa

Under OD by £30 odd
And yes it does mean the overdraft is reduced by the amount refunded
but the refund would be better used to pay mortgage not the bank.

Is there arrears on mortgage(2 months or more)?
Are there any repayment plans in place for arrears on mortgage?

[Jezzaa]

Yes been trying over last few months to reduce arrears whilst still making mortgage original payment.
Do I have a right of apportion?

[yourbank]

Originally Posted by Jezzaa

Yes been trying over last few months to reduce arrears whilst still making mortgage original payment.
Do I have a right of apportion?

The repayment plan on the mortgage means no to financial hardship as such. And unfortunately, the banks' right of offset over rides the right of appropriation on a refund of charges. Might be worth asking the FOS about suspension of interest charges of a few months to help repay the overdraft

[Jezzaa]

Thanks for you help yourbank.
Asking because refunded PPI from halifax last year and they tried to offset refund to credit card balance. Complained and they sent me a cheque in the post instead. Halifax is done and dusted.Lots of other rubbish has happened since then so cant remember where I got info from but it worked.

[yourbank]

PPI is different to bank charges because PPI misselling means you are paying it so they have to refund it to you if you ask however, having spoken to an ombudsman a few weeks ago, their expectation is that is is repaid to the account where it incurred the charges. I do kinda understand that view(even if I don't like the way in which banks are effectively being made priority debtors).

[Jezzaa]

Is there any chance I can get in touch with a member of the site team
Urgent advise needed.

[kiptower]

site team have been alerted to your post for you

[ukaviator]

Hi Jezza

How can we help?

[MARTIN3030]

2 threads merged.

[Jezzaa]

Hi uk aviator
Thanks for your time. Pm sent to enron last night advised to contact trading standards.I will sent you PM if thats ok ? Dont want to tread on anyones toes!
regards Jezzaa

[Jezzaa]

Just a quick note.
I got into this mess in 2007 because of ill health not that I'd spent money willy nilly. Informed Lloyds in May 08. still not resolved. Cant claim PPI.
Requested refund due to mis-sold. Refused !

[Jezzaa]

Explained to FOS that so many mistakes by Lloyds have increased our problems. Hardship & Bank Charges etc.In principal FOS agree to some extent BUT FOS like the banks only appear to deal with different things in diff departments. Not as a Whole.
As they suggested I will send each complaint individually.!!
I sent Subject Access Request & CCA requests in Sept & Oct 08
received Demands & enforcement notices & SCum letters Dec & Jan 08
Whilst acc was in dispute. Didn't rec Subject Access Request & CCA until Mid Jan 09
Any suggestions as to where I can go from here ?

[yourbank]

What exactly are you dealing with?
Bank Charges?
CCA?
PPI?

I am confused at the minute.