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 opened my account at Lloyds TSB in January 2003. After 3 months I was given a £500 overdrafty. By February 2004 I was sick and tired of the fees accruing on this account (£360 in three months). After a row with the Personal Banker in the Branch, I thought I would change banks. I phoned them up telling them what I was going to do, and cancelled all my Direct debits. I opened up an account with HSBC, and contacted all my creditors, and arranged DD's for new account.
I left the account overdrawn but within my limit, and whenever any charges or fees/intrest was added I paid in to the account.
I moved in July 2004 (My partner was made redundant, and we nearly went bankrupt due to the loss of income, landlord evicted us, we had to move back to Mum & Dad's), and wrote to the bank to advise them that I was moving. I contacted the Branch three days later, as I had no response. They did not confirm or deny they had received the letter, but told me that the sent all correspondence to their service centre in Bangalore to be dealt with.
I applied for a loan in Dec 2005, and was declined. I only got my mortgage last year so a bit suprised got my file though checkmyfile.com.
Lloyds TSB had defaulted my account for £1036.00
After some correspondence with the Bank, it appears that two direct debits were set up on the account in December 2004. One for a company I have never heard of, and the other for BT. I did have a BT account once, but this was cancelled in July 2004 when I was evicted. I made sure that the BT bill was repaid in full.
As I was living at Mums at the time, I had no utility bills. Lloyds TSB are insisting that I did set up a direct debit on this account, even though I can prove I was paying DD's for all my bills through my account with HSBC. As a result of thes direct debits, I was charged an extra £375.00 in charges as well as debit interest etc etc.I told the bank that these Direct Debits were not mine. They have refused to take them off the account.
I also wrote using the letter in the libary about the penalty charges, and have they have not even responded to the points raised.
They have said the only way that they will take off the default record from Equifax is if I pay £750 settlement figure within 1 month, and that this is a goodwill gesture.
The total fees are now £735.00 plus there is a lot of debit interest on their. My difficulty is I am not sure what is OD interest , and what is the portion relating to the bank charges.
I have read the FAQ on this site, and undertsand the matter. It has become a bit complicated because of the £500 overdraft. Although there are charges that were in fact paid for, their are some charges that are rolled up in teh £500 overdraft which has not been repaid, and I didn't if I could take them to court for the full amount.
I do work with Employment Law and I have reasonable understanding of legislation & caselaw, but would welcome some info from the experts, to help me proceed further.
I will do. Although currently have one case that was issued on 27/06/2006 so I'll wait to see what happens with that one. Don't want to overburden myself.
Defaulted Current Account
TSB in January 2003. After 3 months I was given a £500 overdrafty. By February 2004 I was sick and tired of the fees accruing on this account (£360 in three months). After a row with the Personal Banker in the Branch, I thought I would change banks. I phoned them up telling them what I was going to do, and cancelled all my Direct debits. I opened up an account with HSBC
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