Thread: lloyds personal current account - enforcement notice

Hi folks,

Amongst all our other troubles, we cannot pay back a Lloyds personal overdraft. We have been making small and regular payments for two years but I guess following the recent court ruling they have decided to go for us and have issued an enforcement notice under Section 76(1) of the CCA.

The notice does not offer the possibility of negotiation - just pay up now or we will take you to court.

Any thoughts to start me off? It doesn't appear that the hardship route is one to waste time on with Lloyds and they are probably ****ed with us because we can't pay off the cc's either and they don't have any paperwork for them so can't enforce.

If they force my wife into court again she will probably a) leave me and then b) kill herself.

And, no, I am not joking!!

stupidboy

Oh, and out of interest, the notices were sent normal post so they can't prove that we ever got them.

Originally Posted by jdes26

they cant have what u aint got stupid boy....

The overdraft is a shade over £3k, thanks to the charges and interest.

They can take the house! That's all we have.

Originally Posted by jdes26

so calm down with the killing yourself bit

That would be my wife, not me.

Originally Posted by jdes26

please, your making me nervous

Not as nervous as I am.

Originally Posted by jdes26

3k...................... mine is 4k and theres 3k of charges + interest.
just take a step back theres people worse than us bro

Nice sentiments, but not very helpful.

This little debt is the only the tip of a very stressful iceberg - and it is one that they can do me for unless there is a way out.

I've been too busy fighting other problems to focus on this and the enforcement notice is out of the blue after 2 years of consistent repayments.

Don't take this the wrong way folks, but has anyone got some advice for me?

Is this the wrong forum?

I don't know enough to help you but this will bump your thread up.

It does seem that they are being unfair if you have been making payments but the rules on overdrafts are different I think when it comes to CCA requests & the like.

Put overdrafts into the search & have a look at what other caggers say & if nothing helpful found, hit the red triangle to alert the site team to your post.

Can you post up the letter you received? Remember to cleanse it of all personal details first.

Above all else, calm down - there is always someone on CAG who can advise you

Found this thread which may help

http://www.consumeractiongroup.co.uk...ered-ccas.html

Originally Posted by mkb

Found this thread which may help

http://www.consumeractiongroup.co.uk...ered-ccas.html

Thanks MKB,

I think it might be what I needed!

I'll trry and scan the letter in later today.

Stupidboy.

Originally Posted by yourbank

Have you missed any payments since getting the CCJ ?

Was the CCJ an installment order for a specified amount, or was it a forthwith order where you then made an agreement with Lloyds to pay monthly ?

No CCJ, never been to court, just prevaricating over the years.

cheers

B.u.m.p.!

Hi Stupidboy

Sorry to hear you're having problems with LTSB - they really are a bunch of totally unsympathetic a***holes.

I can't really advise on what to do next as having been fighting them for a year myself I've not really advanced very far, but I would say that the issuing of an Enforcement Notice is no guarantee that they will take you to court. I was issued with one in Spring 2009 and despite threats from Lloyds and their agents Allied International Credit, no claim has been forthcoming.

I can also sympathise with the terrible fear their actions can inspire - my OH took an overdose nearly 3 years ago as a result of financial problems - and I understand how you and your wife must be feeling. Things do get better though and at least you have found CAG - we had no knowledge of it back then or the fantastic help and support on offer here from other members who have had similar experiences. Just knowing you're not alone is a great help.

Do you have any unfair charges on this account? Even though the banks like to think they've 'won' the test case, if there was a chance you get taken to court and your o/d is made up even partially of charges, you can counterclaim for these I believe. You could also put the account into dispute if there are charges you believe are reclaimable and hopefully at some point in the near future there will be an announcement on CAG regarding new Particulars of Claim for those fighting to get charges refunded.

Sorry I can't be of more assistance but I'll keep an eye on your thread in case there's anything I can do!

Keep your chin up!

Landy x

Originally Posted by landy_alert

Do you have any unfair charges on this account? Even though the banks like to think they've 'won' the test case, if there was a chance you get taken to court and your o/d is made up even partially of charges, you can counterclaim for these I believe. You could also put the account into dispute if there are charges you believe are reclaimable and hopefully at some point in the near future there will be an announcement on CAG regarding new Particulars of Claim for those fighting to get charges refunded.

Dear Landy,

I really appreciate this message and the sentiment behind it - THANK YOU!

We have all sorts of unfair charges, up to and including the interest they put on every month which is more than the monthyl payments we make - even though they fomrally agreed to freeze interest.

They are the nastiest of [EDIT - PLEASE REFRAIN FROM PERSONAL ABUSE]s, and if I can walk away from this o/D and shove it up their arse then I will be the happiest man on the planet.

Thanks again, and I'll keep posting as things move on - I've sent a letter today to SCuM and wait for their reply.

stupidboy

Hi Stupidboy

You're welcome - will pop back to see how you're getting on and see if I can be of any assistance at all.

Take care,

Landy x

Originally Posted by stupidboy

Oh, and out of interest, the notices were sent normal post so they can't prove that we ever got them.

Sadly, that's not a defence. And if I know SCUM, you will be using the legislation regarding this to your own advantage! They always claim they didnt receive the letter.....

check my thread here:

http://www.consumeractiongroup.co.uk...mail-ltsb.html