Lloyds, stay and robinson way

[jpf104]

Quick background:

Claim issued Jan 07 for charges etc.
Case stayed like everyone else.

However they have used AIC & now Robinson Way to chase original overdraft balance and are now threatening court action to recover overdraft balance (approx £1100) which - by the way, is entirley made up of charges - the basis of my original claim.

Anyway here's the question (I'm familiar with OFT collection guidance whilst an amount is in dispute) I read an interesting thread (which I can't find again!!!) and would like some views.

Heres an extract from a letter posted:

1) In August of last year,in the High Court banks applied for and were granted, a ‘stay’, to claims for ‘penalty charges ‘on customer accounts.Part of the High Court Order states that NO ENFORCEMENT ACTION IS TO BE TAKEN BY THE BANK TO RECOVER any supposed charges made by them ,until the OFT Test Case has been resolved.AND in addition should any action be taken by the Bank,then the ‘stay’will be lifted,and no doubt ,judgement would be awarded in my favour

Can anyone provide additional info on this statement?
Is it factual?
Where in the judgement is this highlighted?

I want to hit them with an appropriate response.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[jpf104]

Anyone??

[mailmannz]

Drop a letter to the people chasing you for the money telling them that it is under dispute. That should be enough to get them to stop chasing you.

Mailman