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.
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Hi, ive been recently following the steps made on thisismoney and i've got the the point where i've exchange writings with Lloyds and ended up threatening to take them to court. (they owe me just under £500 in O/D Excess fee's, O/D interest, Return D/D and Unpaid loans)
The original letter they basically said "4-8 weeks". So i sent them to threat letter and got one back saying that they are in court with OFT and the fos has decided to put all investigations on back charges on hold until the decision has been made with the courts e.t.c.....
At the end of the letter they state if I'm thinking of making a claim, they will be asking the courts to postpone proceedings about bank charges until blah blah boring.
I'm not all that good with finance and law - Feel like ive plunged in the deep end without knowing what I've got myself into, I'm hoping to make this as easy and cheap as possible as im unemployed.
Can anyone give me some idiot-proof guidance please?
You won't have to pay any court fees due to being unemployed.
However, as seems to be the case with all claims at the moment, your most likely going to have to deal with a stay.
But, again, because your unemployed you would have good grounds to appeal and have it lifted.
Go to this thread and look up the section on dealing with stays (upon hardship grounds)
This is also a useful link for all other kinds of questions.
If your on benefits and the charges are causing you hardship you might get more luck going through fos than the courts. The courts seem to be staying all claims irrespective of hardship although the FOS is still dealing with hardship claims.
If you are suffering hardship it might be worth sending them one more letter pointing out that the claim is one of hardship and they are obliged to process your claim under the fsa waiver. If you get no joy then go straight to FOS.
hi again, this is all really confusing for me and the step by step guide was a little hard to follow (god i feel thick), i googled fos and went through there site and stumbled upon this -
"The Financial Ombudsman Service has decided, for the time being, not to continue its work on complaints about unauthorised overdraft charges - until important legal action in the High Court settles key questions about these charges."
I have that funny feeling i get when life is about to screw me over (again)
No, but I've spoke to people on the phone about the crap I've been going through a few times, doubt they would have listened though. Can you define "hardship" for me, what state do you need to be in to be under hardship.
There is no actual definition provided by the FSA. If you write and explain your circumstances the bank can either say we don't feel your claim is one of hardship in which case you can go to fos to decide. If the bank do not reply at all, you can still go to FOS and also complain to FSA that they have breached the waiver conditions. If the FOS decide that your circumstances do not amount to hardship, then I'm afraid you'll have to wait until after the test case.
Possibly sueing Lloyds - Need guidance.
and ended up threatening to take them to court. (they owe me just under £500 in O/D Excess fee's, O/D interest
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