Thread: ok so they say i have a case BUT.....lloydstsb bank charges*****WIN*****

Good on Ya Lenny and welcome to the site.
Spend some time reading up.....makes claiming much smoother if you have some understanding.
Help is never far away should you need it.

I would agree that you should probably go into the branch and ask them for a number for the right department. I know you have no hope of phoning them direct.

Don't be fobbed off by them trying to get you into any kind of agreement. This should have been dealt with under the waiver.

I would also write to them and tell them the number they are sending out is not the right one.

Hi, lenny.

I know when I dealed with fos, it was always better to phone whoever was dealing with the case, I'd give her a phone.

Looks like she needs someone else to take it on from here, not sure why.

Regards.

Scott.

a second letter which shows that the fos is truly toothless as far as the banks think









so even when they are told to pay up they just ignore the fos and it screw the customer as usual

and my reply to this letter

Thank you for your recent letters about my case

I have read through them and world like to make the following points,

I have tried to respond to both their voicemail and letter by ringing the number provided and after going through a complicated automated service. I was told that my accounts were not held by the customer support unit, by the automated system, and I must ring the general enquires unit.
When I did so they were unable to tell me why I was being asked to contact this unit as it was never in their letter why I had been asked to contact this unit, as they understood this unit only normally deals with accounts which have a” serious” debt with the bank such as overdue loans and mortgages or bankrupt accounts, and nothing was showing on the records that my account had been “ called in “ as they put it, on the information they were looking at, and they were very sorry but they were unable to help me.
Also I was recently in my own branch to talk to the bank to add my wife details to my current account, as recently when I was in hospital, she was unable to make a withdraw from my account.
At no time was I offered any advice or offered any help, in fact I was embarrassed when the person dealing with my request as they looked through my accounts records, that were held with the bank and my two loans I had out in the past with them, told me I was hurting my chances of obtain any further loans or any other services from the bank due to my account being in constant arrears and racking up quite large charges and I should stop wasting money.
I am still awaiting the outcome of this simple request to be made and my wife’s card to be issued after over 10 weeks.
The bank was made aware in January 2007 that I was going into finical difficulties when I was made redundant, as I went into my local branch , and informed them I had lost my job, and I was told they would send out a letter in due course for me to see somebody at a larger branch in Sunderland as they had nobody in my local branch who dealt with those issues. I never recived any such letter, and only when I had payed off the two loans late last year, I which I had at the time in 2007 did I find out I had PPI on one of the loans, which I could have made a clam against, for nearly 3 years which could have helped my financial position greatly as I was paying out £85.26 per month that I did not need to if I had been told I had the PPI to claim against.
I was not in a position to make a formal complaint about this at the time as I was unaware there was anybody to complain to, and believed there was nothing the bank would do to help me until I was in a really serious position and facing bankruptcy .

Yours faithfully

Hi Lenny

Well done at getting the fos to uphold your complaint about bank charges/financial hardship against LTSB and sorry to hear the bank is refusing to comply - typical blooming Lloyds!

The FOS upheld one of my complaints and when informed of this by the FOS the firm concerned refused to acknowledge/pay up. This also had to go before an ombudsman for a further investigation which took an additional 3 months approx. Once the ombudsman had also upheld my complaint and I had signed the acceptance form, at that point it became legally binding on both myself and the firm.

So I believe it is only once an ombudsman has ruled that it becomes legally binding and can then be enforced through the courts if necessary. Prior to that I believe a firm is (unfortunately) within their rights to refuse to comply with a FOS adjudicator's decision.

Hope you don't have to wait much longer to get your money from these scheming a***holes

Landy x

Any more news on your fight with Lloyds?

BD

Well i am still waiting although i have gotten my monthly sorry you still waiting letter
i reckon that i am up to a payout of around £ 3750 at the moment pitty it dosnt go back to 2002 when i started to record these charges that would be around £13500

Why do you think you can't go back to 2002? Is it because you (wrongly) think there's a strict 6 year limit under the Limitation Act? Also you only started to record your charges then - but the Bank MUST give you ALL records they hold on ALL your dealings with them - even back to year dot if they have them (and they do- of course they do!) if you spend £10 on a DSAR.

There are loads of posts on other threads about how the Limitation Act actually works. My reading of this is that you have 6 years from when you DISCOVERED you had a claim - not just the right to claim back for 6 years from now. Since you have only confirmed your claim (based on fos adjudicator agreeing with you and LTSB previously not agreeing or accepting you had a hardship claim) my view is you may now have until 2016 to reclaim ALL LTSB charges - not just the recent hardship ones ruled on by FOS - AND any interest THEY have charged you PLUS 8% statutory interest (NB - not just the 8% - but also any unauthorised overdraft interste charged and compounded monthly.

Before "accepting" the FOS offer, I would do a lot more reading of other threads - some things about the Limitation Act's "limitations" (in some Capital One threads) - where the 6 years only started to tick away after the OFT report into unfair credit card charges was published in 2006.

It may be LTSB are only currently obliged to repay charges since you got into difficulties. However look at Martin Lewis's MSE site on what is "difficulties". It specifically mentions those who continue to rack up charges month after month. - as you seemed to do from way back. These bank employees who sniffily tell us "you're wasting your money" really get up my nose. As if we were TRYING to incur these extortionate charges!

It may be that you have to accept the FOS "offer" as a first step when LTSB finally give in - BUT if so, reserve the right to go back to 2002 (or earlier) pending someone getting some UCCTR decison that is different from the dreadful SC one last year. I really think this will happen - probably in the Glasgow Sheriff Court (Sharp v HBOS) - so ensure you don't sign your rights away to benefit further if this case goes our way.

If this case does go our way, it also might be better to split your further LTSB claim (after FOS pay out) into two - to stay below the £5k small claims threshold in each. First claim back to 6 years - i.e. to 2004 - and THEN (assuming you win) - use the Limitation Act rules to reclaim back to year dot. Don't ever sign any F&F acceptance without modifying it to limit its acceptance to the specific dates of your specific claim. Birmingham Midshires (also now part of Lloyds) tried this with me - offering me £150 but I actually got back £1700 in unfair late payment charges just by digging my heels in - no court case, no legal threats - just spelling out my rights and letting them see I wouldn't roll over as they wanted.

Maybe LTSB have done you a favour in dragging their heels?

Good luck anyway - and please keep us all posted. It's so unusual to hear FOS come down on our side!

BD

I would spend the time while you're waiting going right back to your very first charge - and seeing exactly what they actually owe you including contractual interest.

BD