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.
Following on from advice I got on this forum, I'm planning to reclaim my charges from LloydsTSB claiming financial hardship to make sure it's processed. The account in question is rarely used any more and is still overdrawn (I was paying it back at 10 pound a month in agreement with them but because I was a few days late one month they stuffed on the charges and now on my very low income it's impossible for me to bring it back into the "authorised" overdraft limit). They've been threatening me with passing it off to a debt collector, so I tacked that paragraph on at the end saying I consider the account to be in dispute so they shouldn't apply more charges until the issue's resolved.
Can someone take a looksie over the letter and tell me if all is OK so I can pop it in the post this afternoon please? Obviously personal details are removed for the site.
In considering this request for repayment, your attention is drawn to the Press Release issued by the FSA on 27th July, which states: "Consumers who are in very difficult financial circumstances - 'hardship cases'
Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the fos."
I believe that my personal circumstances fall within this category because I have been in recipt of incapacity benefits since April 2005. I am currently in arrears with rent payments and several creditors thus excessive delay will cause undue hardship.
Given the nature of this claim, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."
Assuming the letter is OK and goes in the post today, I'll keep you all informed about the progress.
Thanks for all the great support guys and gals
Edit: Removed a large portion of the letter. I originally found the template on the wiki, which didn't suggest that the templates should not be reproduced on the forums. I've just left the amendments at the bottom in tact. Sorry for any inconvenience caused. The original template, in full, can be found in the templates library - http://www.consumeractiongroup.co.uk...-approach.html
One thing that is not correct is the address that you are sending it to - unless that is also a dummy address for posting it on here. Correct contact details can be found here http://www.consumeractiongroup.co.uk...t-details.html
One thing that is not correct is the address that you are sending it to - unless that is also a dummy address for posting it on here. Correct contact details can be found here http://www.consumeractiongroup.co.uk...t-details.html
Thanks for the link. The address I posted is the one I sent to, since that's the one listed on their site etc. as primary contact address. What should I do now? Send another copy to one of the addresses in that post or just stick with the one I have and see if they reply?
Surely if it's listed as their contact address then all mail received there is just filtered off to the right departments? Then I guess we are talking the same banks that are handing out these charges in the first place so nothing is impossible!
You know it's right there as the first sticky as well. I feel like a right prat for missing that one. :S
It's the "By Post" contact address listed on their site ( Lloyds TSB - Contact us ) Like I said, it's already in the mail - sent recorded this afternoon. If they sign for it then I'm set anyway aren't I?
I've been reading ahead of myself again and I noticed that on the N1 template it states "yada yada entered an agreement on <date account was opened> yada yada". I've no idea when I opened my account - should I try and get that info from my branch "while we're friends" or should I reword the N1 when I have to fill that out?
Just given myself another fright - once a court date comes through I'll have to supply copies of statements according to the other threads I'm reading now. I got the info from downloading statements from the lloydstsb website rather than a SAR and the originals are long destroyed now. Would the downloaded CSV be sufficient? If not, would copies of the online statements do the job, or do they need to be actual originals (IE, needing to file a SAR ASAP)?
I've been reading ahead of myself again and I noticed that on the N1 template it states "yada yada entered an agreement on <date account was opened> yada yada". I've no idea when I opened my account - should I try and get that info from my branch "while we're friends" or should I reword the N1 when I have to fill that out?
I would ask your branch for the date the account was opened. Much better to be precise on the N1. Otherwise it may look to a judge that you haven't done your homework.
Got the date it opened from a branch yesterday - damn, didn't realise how long I'd had that same account number. 1996 - I feel old ;p
Got a reply from lloydstsb today - the typical "We'll investigate your complaint and get back to you when we feel like it" carbon copy letter. A week tomorrow and the lba will be heading their way.
Thanks again for all the replies, you guys are invaluable
Now there's a thought - where should I send the lba? I've got a choice of the same address I sent the prelim to, the return address I got this recent reply from or one of the addresses listed in the sticky. lol
Went through my online statements tonight and printed all the ones that list charges to PDFs (33 of them in all). I only need the statements showing when charges were taken and not the statements that show the bounced direct debits or unauthorised overdrafts right? Also, is it worth me editing the PDFs to highlight the lines that show the charges? They're generally surrounded by some debits of an, errr, "personal" nature, if ya know what I mean.
Could really do with some suggestions about where to send the lba now peeps - due to be sent this Thursday. I got a choice of:
a) The same address I sent the prelim to (which was replied to, albeit with a standard letter)
b) The address the above mentioned letter came from
c) One of the addresses listed in the sticky, head office or such like
Thanks for any tips
PS I was off the first page in less than a week - way to go all you lloydstsb peeps
Well, today it's two weeks on and it's lba day, but reading some other threads it got me pondering...
Should I send out an LBA drafted from the consumerwiki today, or should I wait a few days longer to see if any new ones crop up on the forums which take the test case into account?
Got a reply from lloydstsb today - the typical "We'll investigate your complaint and get back to you when we feel like it" carbon copy letter. A week tomorrow and the lba will be heading their way.
I feel the need to expand on this a little, in order that anyone who comes across my thread in their own pursuits of LloydsTSB will know what to expect!
The letter itself came from "Customer Services Recovery Centre" in Andover, Hampshire.
It lists a complain reference, followed by a typical template (you think they have a banksactiongroup.co.uk going where they share templates? ) the first three paragraphs refer to the typical complaints procedure with the usual "I'm sorry to learn you feel you have cause to complain" stuff. It mentions they expect enquiries to be completed within the next four weeks.
There's then a final paragraph bolted on at the end, almost like it was an afterthought for the regular letter.
If your complain is about the level, fairness or lawfulness of overdraft bank charges, then a different process that we've agreed with the Financial Services Authority will apply. We will write to you shortly to explain how we'll handle that complaint and what steps we will take to protect your rights. In responding to you we will also consider all the things you have raised in your letter, as well as any further information we have about your financial circumstances.
Digitally signed (you can even see the pixelated background of the box where the digital copy isn't quite white!) by 'Mr X' of "Customer Service Recovery".
All very polite and friendly, for now. I've always been a shy and timid kinda guy, but the way the banks have been treating consumers (particularly me! ) really started to get my goat up and anger is one hell of a driving force for this stuff. Naturally, I'll keep updates on here of any further developments. I don't have anything of monetary value to give to CAG for all the support right now, so I hope my continued Breakdown for others pondering the process will show appreciation enough until times change
Edit: Thanks for the reply Rory. I'll get that put together and in the post this afternoon.
I'd like someone to take a look over my hardship claim and say whether it's appropriate or not? Is it going into too much detail? Is it coming across too whiney?
Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the fos."
I believe that my personal circumstances fall within this category because I have been in receit of incapacity benefits since April 2005. I am also currently in arrears with rent payments and several creditors. My home is currently in a poor state in need of furniture and carpetting. Therefore, excessive delay will cause undue hardship on my family and I.
Also, in my prelim I mentioned that I considered the account to be in dispute (see first post for full text). Since then I've made arrangements with their collections centre to start paying off the overdraft @ 10 pound a month. Should I keep pushing for the dispute route instead? If not, should I mention that I've made these arrangements in the letter with something like this:
I have recently made arrangements with your Collections Centre to start making repayments against the outstanding overdraft. In a letter dated 21/04/2008 a new Planned Overdraft limit of £550 was placed on the account, which is to be paid by 10 monthly installments of £10.
You're continued help and reassurance is greatly appreciated - in all honesty the whole process is quite daunting, maybe even terrifying!
Edit: I also skipped the part about:
You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6(c), and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.
because I've never actually requested this (was nothing about it in the prelim from the wiki and I never sent a SAR because I had the statements online). At the time there was a list of past T&Cs in the stickies but this seems to be missing now. Should I request it with the LBA?
I don't think your hardship paragraph will do any harm (I don't expect it will do any good either since banks don't seem actually to read these letters).
[Pedantic] on my famiy and me[/pedantic]
If you are claiming the account is in dispute just because of unlawful charges, IMHO you shouldn't push it. This paragraph is much better grounds for a court to force them to be reasonable.
Yes, rewrite the T&Cs paragraph as a request in the lba - make sure you mention pre-action protocol 4.6(c).
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.