Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have been having conversations lately with my friendly business manager (not)
If I put in a complaint he would look at last 6 months charges(how genorous!!!!)
This was proir to finding this wonderful site.
Whilst he agreed that charges were unfair he said it was the banks policy to recover there costs
I asked him to Breakdown the costs needless to say he couldn't as these were set by the bank not him
It would appear that dependant on how your account is set up,there can be manual intervention as he gets a daily list of transactions which would exceed your limit at his discretion they would be paid or returned.
However judging by the charges I have been charged mine are automated.
One point I did raise which stopped him dead in his tracks was if a DD was due to be paid and there were insuffient funds
and it was returned (automatically)I would be charged £35.00 however if I went to the supermarket and bought goods and went to pay by debit card and it was declined why do the bank not charge me £35.00 for this?? after all its the same process
After a long pause he did not have an answer
I have told him I intend to reclaim all of my unfair charges and had help to do so,he then offered to review 12 months charges obviousley word is getting around(hehe)
I have today sent ltsb DAP for both accounts my estamate £1300 and £3000 excl interest also Monument £400+
and Barclaycard £200+ will leave Capital One for now
Has anyone had Credits card accounts closed once letters started flying?
Has anyone lost a case yet?
It has to happen at some point judging by the amount of claims going on,
I did find something interesting though whilst trawling the net
I have 2 accounts at Lloyds, Business Account and a Basic Bank account
according to the FSA website on basic bank accounts Lloyds do not charge for
unpaid direct debits http://http://66.249.93.104/search?q...n&ct=clnk&cd=1
Sent off my Data Protection Act request to Lloyds on 10th May by letter and email got a reply the day after (by Email)from Mr Bowden saying he will pass it on to the correct Dept nothing has arrived yet do you need to send a reminder? only 14 days left
I have worked out from statements the *****ing *****s have taken £2957 in charges, have left the interest alone very little ammounts
Would it be premature to send request for payment of charges or should I wait until there 40 days are up?
Thanks for your help
Thanks for that
I have already worked out through my statements that I have been charged £2957
I will wait til the 40 day deadline before sending off letter
If you already know the amount there is nothing to stop you from sending your preliminary letter. You can change the amount claimed up to the moneyclaim. You are merely inviting the bank to begin a dialogue to solve this dispute.
If you already know the amount there is nothing to stop you from sending your preliminary letter. You can change the amount claimed up to the moneyclaim. You are merely inviting the bank to begin a dialogue to solve this dispute.
what he said
i must say that the amount Lloyds told me they took was higher than the amount i had calculated!
Is it worthwhile sending a reminder for the DPA six days left still no sign of the paperwork!!
Has anyone else sent an aburpt letter reminding them of their obligations?
Hi All
Sent off my DPA request by email and letter on 11th May recieved an email from Mr Bowden on 12th saying that he had passed to the relevant department
I gave them permission to deduct £10.00 from my account
(nothing has been taken except £105.00 in charges!!!!)
Now that deadline is looming what can I do to stir up a hornets nest,
I have worked out through my statements and online they have taken £2957 in charges
Any one have any thoughts on how to proceed?
Do I send a Preliminary approach for repayment and ignore the fact they haven't replied or do I send Data Protection Act - Non-Compliance letter or infact both
Any views would be welcomed and yes I have read other threads but it doesn't seem clear cut
If it were me, the Data Protection Act - Non Compliance letter would be the next step. Bear in mind though, Lloyds have a habit of leaving things to the last minute.
You could theoretically send a Preliminary Approach with an estimated amount, I don't believe it would be too much of a problem to amend the amount if Lloyds do comply at any point before the Moneyclaim stage?
Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Cheers REload
I ve just fired off lba for non compliance to Mr Boden personally also sent
request for repayment of charges to ContactUs@lloydstsb.com however with 2 mins got this message back
Your message
To: Contact.Us
Subject: Private and Confidentail
Sent: Mon, 19 Jun 2006 14:16:52 +0100
did not reach the following recipient(s):
Contact Us on Mon, 19 Jun 2006 14:17:02 +0100
The message could not be delivered because you do not have create
permissions on this folder or it is only available to folder owners at this
time
Okay quick update
Fired off 2 emails yesterday one came back so sent again through another email address just incase
This morning recieved the follow 2 yes 2 emails from Mr Boden
Thank you for the e-mail, which has been passed to this office by the On-line Helpdesk.
I am extremely sorry to learn that you despite your previous requests of 12th May, you have yet to receive the requested information. I have located your previous e-mail and acknowledged your request for copies of statements/charge transactions on your account I did state that as a letter was also en route to us, we would await this formal request before forwarding on to the Copy Statement Unit. Regrettably, it appears this letter didn't arrive, apparently lost in transit.
Under the circumstances, I have today passed your e-mails on to our Copy Statement Unit and I have asked that your request is noted and the statements sent to you at the earliest opportunity. I would like to point out that I have been unable to locate the XX_XX_XXaccount. Can you re-confirm the account details?
Regards and apologies again for the delay.
Keith Boden Lloyds TSB - Service Recovery
Birmingham
Note I did not have time to reply obviousley read my letter again
2nd email 30mins later
Following on from my earlier e-mail, as the XX-XX-XX account has been opened within the last few years, I am able extract the information from here and will get the statements out to you today. The other account XX-XX-XX, is a business account I believe and we shall have to arrange for the information to be ordered from the Copy Statement Unit.
Regards
Keith Boden - Lloyds TSB
So obvoiusly the template letter does work threatening them with court for non compliance
Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Quick Update
Credit to Mr Boden he pulled out all the stops to get me my info on day 40
I sent lba to him which he passed onto David Just got a letter back today usaul blah Blah charges are fair etc refer me to fos i am going to reply with letter below any thoughts Im still sticking to my deadlines I thought if it goes to court I can show that I have attempted to settle matters reasonably
Your Ref BHAM/DJ/CC/891313
Dear Mr Just
I thank you for your letter dated 11th July 2006 and note the points you raised, I am writing to clarify a few points in the hope that I can get a proper response instead of the standard reply.
Whilst I appreciate that like any other business you have to make a profit however I disagree that the amount charged for unlawful penalties are not a true reflection of the costs incurred by the bank, can you therefore provide me with a Breakdown of the true costs incurred by the bank and how they are arrived at as you say in your letter that “we’re completely open about our charged for services”.
With regards to the “extra work” involved in refusing a payment from my accounts
I have been advised by telephone banking, the business centre and at my local branch
that if there are insufficient cleared funds in my account that these are returned automatically therefore this is an automatic process so any costs would be minimal.
Furthermore there are no notes on my Data Protection Act 1998Subject access request to suggest that there has been any manual intervention by any bank staff, unless you have not supplied the complete data as per my request on 11th May 2006.
When I have recently request help this has been declined for both business and personal accounts there has been no support forthcoming from the bank just further charges.
I do find it extremely difficult to keep a running check on how much is in my account as the information given by Internet Banking ,ATM machine and Telephone banking are never the same unless there have no transactions for a number of days.
I do think that you regime of charges are lawful or fair this is why I have given you since
11th May 2006 to enter into dialogue to resolve this matter without the need to waste valuable court time.
I note that you are willing to refer my complaints to the Financial Ombudsman Service for an independent review, I thank you for your offer however the FSO do not have the
powers to enforce either Common Law, Statute and recent Consumer regulations.
This will be down to a Judge to decide.
I enclose a revised figures after further penalties have been deducted from my accounts.
May I remind you that if this matter is not resolved by my deadline of 16th July 2006
At noon on the 17th July 2006 I will be issuing proceeding for the recovery of the unlawful penalty charges plus interest pursuant to section 69 County Courts Act along with Court fees
Well they have had there chance to enter into disscusions and declined
I have rung daily for a week on another matter and there are still not returning my calls
I had a problem with moneyclaim website, imported my particulars of claim
1077 characters and for some reason it turned into 1120!!!!!!!! so contacted my local court and after a breif conversation it appears I will be exempt from fees (been off work for 6 mths after operation) so I am taking my N1 off to court today should get claim number in the next couple of days
Claim £3147.50 plus interest £292.98 Grand Total £3440.48
Okay Issued on 18th July got notice that they intend to defend in full on 25th
so now I presume I have to wait until 18th August
Incidently they say in their letter to the court
"We are now in the process of drafting our Clients Defence and Counterclaim"
Is this normal
Solicitors are SCM brighton
I'm on a similar timeframe to you and wondered what the progress was with your case? I've recieved my Acknowledgement of Service from the same solicitors.
Word Must be getting around!!
the costs needless to say he couldn't as these were set by the bank not him
Reply With Quote
Originally Posted by Ihatebanks
have taken £2957 in charges, have left the 
Anybody?
from fees (been off work for 6 mths after operation) so I am taking my N1 off to court today should get claim number in the next couple of days
