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.
Hello!
I have just discovered this forum & really hope that you can help me.
I received a letter about a month and a half ago, from Lloyds TSB asking for £303.51. I was rather concerned with this, and not just the money, more the fact that i haven't used this account for the past 2.5 years (March 2006).
The letter stated that in March 2006, i went 9pence overdrawn which i had no idea about until receiving this letter, as my lack of use on the account was generating no bank statements.
I phoned up the collections center, who also informed me that Lloyds had contacted Experian (credit ratings) to gain my new address - which will ultimately affect my credit rating.
They told me that I needed to write a letter, disputing these charges, which I have done - but have received no further contact. (It was a PO Box address - and i have read on these forums countless times that things sent to PO Box's rarely turn up anywhere).
I have now been told that i have until the 14th of this month (August) to pay the money, or further action will be taken to reclaim the expenses on this account.
Upon receiving this final warning, I went to see an adviser at Lloyds, who said that the claims were completely ridiculous and unfounded, seeing as i hadn't used the account for 2.5 years, and was only 9pence overdrawn.
I sent a letter through Lloyds, internally to the complaints department, and again, i have heard absolutely nothing from them.
The Current sum of money I apparently owe Lloyds is now roughly £400, with another set of charges to be added at the beginning of September.
I'm getting really worried now that I am going to have to go to court, or have possesions taken to recover the money - which to me, and everyone i have told seems a very extreme case!
If anyone could offer me some advice and perhaps my next steps, it would be greatly appreciated.
You need to send a SAR to Lloyds TSB to see what charges have been applied to this account, then start the process of claiming them back.
This will put your account in Dispute and Lloyds cannot take any further action on the account until the Dispute has been fully resolved.
Do you think that it would be in my interest to set up a 'six month repayment' plan with the collections department, as that is what they keep telling me.
Will this stop any further charges? And if i do set up this repayment plan, can I then take further action to claim this back at a later date?
I have, over my lunch hour, been into my local branch and had the manager phone the collections center to find out of any updates to my situation.
they have said that it will take 28 working days to get back to me with a response, but I only have 5/6 days left before they take further action - which is why I am contemplating the Six Month repayment scheme, as a precautionary measure.
I'm getting really worried now that I am going to have to go to court, or have possesions taken to recover the money - which to me, and everyone i have told seems a very extreme case!
Just to put your mind at ease on this one - nobody except a county court baliff even has a right of entry, let alone the ability to take anything off you. To get a county court baliff out, they'd have to have a CCJ against you. If they filed an N1 to claim against you them I'm sure you'd have one hell of a defence based on the fact it's all over 9p! *IF* it came to that, which is doubtful (they know they'll never get their money if they go to court, so would rather do it through their internal collections guys) the peeps on here will prove real helpful in putting a defence together
DO NOT PAY THEM - it clearly is a debt made up of charges which you can reclaim. They want you to believe that you OWE THEM this money for THEIR lousy service. I've had similar with Natwest - 2.10 od for less than 24 hours earned me a £38 charge which I am reclaiming...
Next time they call tell them that due to the severity of the situation you will only deal with them in writing - the debt is in dispute due to the charges and you will not discuss this matter with anyone other than your local branch manager face to face.
If necessary go to your local MP and them to get Trading Standards and the OFT involved.....
To be fair, TSB collections department don't add extra fees and will usually stop charging interest too. I had ~200 quid of charges that were due to be applied stopped on the basis I'd pay £10 a month off the 'debt'.
How long ago was that. They changed a lot of their policies lately, some in April and some in June. All they want is the charges paid - which in the case above seem totally unjustified,
I wouldn't pay them anything and complain and complain about the way they allowed this debt to build up before any contact was made with their customer. Had they contacted the customer earlier the situation would probably have been resolved much earlier.
Couldn't agree more on that one, they do seem to stretch these things on as long as they can. Part of the charges I'm currently claiming back was a good £900 when I was landed out of work a few years back and a single debit bounced, which then spiralled.