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having been successful in my own claim against Lloyds tsb my partner has decided that he would like to claim his own charges back.
The problem is that he has a substantial overdraft on his account and although a large proportion of this is due to charges over the last 6 years, he is concerned that if the repayment of charges doesn't cover the overdraft, lloyds could counter claim against him and demand the repayment of his remaining overdraft
I have had a search through various posts and looked at MJanets case also, however Mjanet didn't have an overdraft.
Is the overdraft an unauthorised one? Or is it a negotiated one put in place by the bank?
If the Bank take action over it, there is certainly precedent to get an injunction placed to prevent them closing the account for a start. Also, as the account will be in dispute they may well be in contravention of the Banking Code if they do take action over the overdraft in retaliation.
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The problem is that he has a substantial overdraft on his account and although a large proportion of this is due to charges over the last 6 years, he is concerned that if the repayment of charges doesn't cover the overdraft, Lloyds could counter claim against him and demand the repayment of his remaining overdraft
Why not do the calculations first, to see just how much he will reclaim?
If the charges go back several years, the interest he can reclaim on them will be quite high.
the overdraft was negotiated with the bank. We are going to send the request letter for statements off this week so hopefully we will have an idea in the next few weeks how much the charges add up to.
I had a siimilar issue with one of my accounts I am now claiming for and the bank said it was better for me to clear the account first, they would! You can however claim at any stage according to the law and if the case drags on, accumalate interest as you go
huge overdraft. Help!
tsb my partner has decided that he would like to claim his own charges back.
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Originally Posted by louisemounsey
