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Lloyds Account - Court Action - Can I claim hardship?
Hi everyone,
I have been using CAG for my other problems and saw a thread which got me thinking....
Basically, my partner had a Lloyds account for about 5 years, he had an overdraft of £1000 and was always in it and was charged £200 every month plus other charges.
Last year Lloyds advised him to stop wages go in and stop direct debits and set up a new account with someone else, and look to pay off the o/d.
Well as you can see from my other threads on employment, debt and bailiffs forums we have been sinking for a while.... Lloyds have now taken him to court for an attachment of earnings order (he had a lloyds credit card aswell ) and the account I thought had been closed, but I found out this week that my child benefit has been paid into this account despite me asking for months for it not to be.
Is there a way we can sort this out - and are we eligible to claim hardship to lloyds, or Halifax who he is currently with and being charged everymonth?
Sorry if my post comes across ignorant, i;m trying to work my way through lots of problems at the moment and any advice appreciated,
HH
Re: Lloyds Account - Court Action - Can I claim hardship?
1. They are not allowed to use funds from State Benefits paid into your Account.
2. Only the Financial Ombusdman can Agree if you are in Financial Hardship.
b) The Court can however hear your plea for Financial Difficulty if you loose your case in court. You can apply for a "Pay by Installments", the court is usually sympathetic and if you can support it with evidence, you may get away with paying £5 per month until the balance is cleared.
Seek Professional Advice from a Solicitor or Citizens Advice Bureau if you need help.
Write to them for a Subject Access Data Request on all accounts held by you including but not limited to a list of transactions on your account. Remember and include the £10 Statutory Fee (Cheque/Postal Order).
If you already have this information or when you receive it, add up all the charges and add 8% Statutory interest. Statutory Interest Calculator on this site and moneysavingexpert.com to help you out.
You can either put a claim in yourself or wait on them putting in a claim against them and either counter-claim (you will have to pay a fee) or put in a defence if you owe them some money but not the amount they say. (The Balance minus Total Charges and Interest).
This will take some time but they may welll prefer to settle out of court.
Most Banks are confused about the Outcome of the recent Test Case. They think the Supreme Court Ruled that the Unfair Terms in Consumer Contract Regulations 1999 cannot be used to determine the fairness of Charges.
In Fact, The Supreme Court only ruled that Section 6 of the Regulations cannot be used but it does not result in any of the other sections and in particular section 5 being used to determine the fairness of charges.
SUMMARY: UTTCR 1999 Section 6 -OUT - CANNOT BE USED
UTTCR 1999 Section 5 - IN - CAN BE USED
Any other Legislation that you can find can be used.
Please seek advice from other caggers and professionals. This is for informational purposes only. I am sure other caggers will correct me if I am wrong.
Lloyds Account - Court Action - Can I claim hardship?
for my other problems and saw a thread which got me thinking....
account for about 5 years, he had an overdraft
) and the account I thought had been closed, but I found out this week that my child benefit has been paid into this account despite me asking for months for it not to be.
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Re: Lloyds Account - Court Action - Can I claim hardship?
