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.
Well, I joined last year but things have been hectic and it's taken me a while to get a claim going, however Lloyds have been equally slow and dragging their feet too!
To cut a long story short...took over my dad's account when he died (opened in 1979), ran it well, small overdraft of £250, my sister moved in with me, she had massive money problems, she completely messed up my account, didn't put money into account to pay bills/rent, bouncing direct debits and charges galore, frequently pretended to be me when trying to sort things out/increase overdraft. I took out a loan with them to help with the charges and help out my sister. After a long time asked sister to leave but the down side is I was left with the loan to pay back and an overdraft of about £3000. I've been paying off loan and overdraft but then stopped and started to make a claim for charges which amount to about £4000 plus interest.
Now, I didn't claim for any part of the loan, just straight charges. I've been using the templates and sent a lba in the summer. I've bought the court pack from yourselves and began to go through it but since then I've moved house and had another baby and life has been completely mad. I totally forgot about the claim and Lloyds, I even forgot to tell them I had moved, they have found me (!) and a debt collection agency have written to me today to start the collection proceedings.
Lloyds themselves refunded me £750, into my account, and told me quite firmly that would be it. I would like to continue with the claim but am absolutely terrified of appearing in court, of messing it all up (my memory is very poor relating to dates and amounts ect and I can see myself getting very flustered and making a pig's ear of it all). I have simply asked them to refund the charges and they can take what I owe in terms of loan and overdraft out of that. If that leaves me any extra great but I just want what is owed paid off. I've not been paying anything towards what is owed-is this allowed?
Also, I read on the BBC website of some test case being heard early next year and until then, the banks have been allowed some sort of waiver and don't have to respond to any claims until the result has been heard-have I missed the boat?
Many thanks to the both of you for such speedy replies.
No, the money has been eaten up by the overdraft, at least I don't think I spent any of it, I'm certain the bank took some of it directly in monthly payments for the loan and overdraft payments. I didn't sign anything but yes it was a Full and final offer.
I have another look at the FAQ's.
Today I got a letter from the debt collection agency acting on their behalf saying that if I call them straight away, then I can pay a reduced amount that Lloyds are willing to accept.
Really not sure whether I should pay a reduced amount and not bother claiming back the bank charges or if I should continue with the claim and tell them to take back the amount owed from that. What are your opinions?
A bit scared and uncertain!
have been equally slow and dragging their feet too!
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Re: A bit scared and uncertain!
Originally Posted by Cherrychops
