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.
To start send a dpa SAR request to bank accompanied with £10, this will provide you with statements over the last 6years or your banking history.(just amend)
they have 40 days to comply with this request.£10 will cover all accounts you have with them You will find this template in the bank templates section.
As regards the debt collectionagency(DCA) harassing you for a credit card bill dating back to 1999. Since 1999 have you, made written contact with them, had a ccj for it, made payments on it, if not then it has passed the statue of limitations, and they cannot chase this debt, as it is outdated(to say)
----------------------------------------------- Mortgage Express charges- settled in full after issuing claim
If the bank makes a claim in court you can counterclaimfor these penalty fees.
You can start to claim these charges back, all the information you need is on this site,to begin send a dpa SAR(as mentioned), when you receive your statement , total the amount owed and send prelim letter to them asking for it back, give them 14 days then send a letter before action giving them another 14days, if after this time expires, launch a claim for the money(your money)
you will get your money back if you follow the guidance from this site.
if you have other questions just ask, it is advisable to also read the FAQ'S
----------------------------------------------- Mortgage Express charges- settled in full after issuing claim
Hi welcome to the site.
The member above gives some good advice but I am going to give you some more.
First off if it can clearly be seen that these earlier loans were given to address your unlawful charges then you have recourse for claiming this money back in addition to the charges themselves.
You have a number of issues here and one of those is with the debt collectors.
You have now established that the bank operated a penalty charging regime that you were unaware of previously.
Once you inform the bank of your dispute with the account then the debt collection agency who now has power of attourney over that account must cease from any further recovery action this is a legal obligation.
I am going to move this thread into the baliffs and debt section where you can get proper advice to address this.
You will need to send an s10 to the bank .
This will be explained to you,as will the further action you need to take with regards to your charges.
It looks long winded and at the moment no one can blame you for thinking that.
Right guys in the Baliff and debt section I will leave this in your very capable hands !!
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Hi everyone, thanks for your replys but I am now confused. The bank, althrough they have closed all bar 1 of our accounts, they have not as yet issued proccedings to reclaime the loan it is all still in the hands of the bank as it is them I get the calls off. I think I am right in believing what your saying is that I am to write to the TSB encloseing a fee requesting all my statements then take it from there. I have down loaded the template for this from here and I will post this today. I am sure my statements with the bank will back up the need for the refinancing because I complained to their customer care department at the time due to the excessive chargers and that was their solution to the problem they informed me that I had to refinance the loan. I still have all my letters regarding the complaint.
As to the credit card company, I have had no contact with them since 1999/2000 and as far as I am awere it was all payed in full. The credit agency informed me that they have bought the loan from the credit card company and they have been looking for me for quite a few years, we moved address in 2001 and this is the frist I have heard from them. Anyway I will do as adviced, thank you all for your help and if its ok I will keep you posted.
Thanks again. I am not very good at finding my way around these pagers so if I get lost you know the reason
Pen
Hi everyone, sorry I am late getting back to you as I thought I would i got lost within the site but have now discovered it is not so difficult once you click on things a few times all becomes so much clearer any just to update you on what I have done, between the 2 of us hubby and I we have sent in 2 seperate claimes for our information 1 to cover all my single accounts and contersigned at the botterm by my husband to cover our joint account and 1 for my husbands single accounts. I will keep you informed when we get a reply from them and in the mean time I will search this forum so that I am better informed to help myself with your help.
Thanks once again
Pen
Hi I have received a message from martin saying I need to start a post in the relevent bank section, does that mean I have to copy my post and put it in the LIoyds TSB forum
Pen
Hi I have received a message from martin saying I need to start a post in the relevent bank section, does that mean I have to copy my post and put it in the LIoyds TSB forum
Pen
Yes and with details of how your claim is going.
Or alternatively post a link in your new thread.
Can I edit the title of this thread to "Pen -v-LIoyds TSB" so that I can find it more easyer to add infor as I when I get it and if so how do I do it. I can see how you edit profile etc but not posts
Thanks again
Pen
[QUOTE]MARTIN3030: i welcome to the site. The member above gives some good advice but I am going to give you some more.[/quote]
First off if it can clearly be seen that these earlier loans were given to address your unlawful charges then you have recourse for claiming this money back in addition to the charges themselves.
Hi Martin303o, I have jsut been reading through my post again just to make sure I understand the situation. but what do you mean by the above comment. The first loan I took out with the bank was in 1999. I think I only had 2 years left to pay on it but because I got in arrears mainly because when I put the loan payment into my account they would use it to pay chargers which went on for months that was why I complained the outcome of that complaint was to issue me with a new loan for £6,000 to pay off the first loan but over a longer period so I would have less to pay each month. I did not recieve any of the loan it just went from A to pay B are you saying I can claime this £6000 back. wow how wonderfull if that was so. but being totaly thick I think I have miss-understood as I could never be that lucky. Also because I ended up in hospital due to them taking all my benifits away and I was unable to pay for my medical prescrition could I claime for damagers. I have read the FAQs but could not find anything relating to this subjet. Please write further to explain.
Oh also I seem to have made a mess of this thread my original post appears twice i think it happend when I tried to move it from one place to another as adviced but got it wrong.
I look forward to hearing your reply with intrest.
Thanks Pen
Hi, I have sent my first letter to my bank for claiming back my bank chargers.
Whilst going through my paperwork today I found most of my bank statements for the last 5 years for some of my accounts with chargers adding to over £1200 a year but the one that has me confused is the statements I have for my bank loan.
I have the loan statements 1999 to 2002 towards the end of 2002 I got into some into difficulty meeting the payments and although I did eventually get back on tract my statements for this period are very confusing before this they would show my loan being credited to my account then debited and that was all that was showing but then suddenly my statements changed and interest started to appear on my statements so what does this mean, is it the loan interest or am I being charged interest on top of the loan. I think the best way of explaining is to copy an example. here goes.
Opening balance Payments Receipts Balance
9958.38
27/07/ Payt 200.66
interest to 23/07 57.84 9815.58
26/08/ Payt 200.88
interest to 24/08 65.14 9680.04
26/09 payt 200.66
Interest to 22/09 60.16 9539.56
and so on, so does this mean I am paying interest on top of my loan payment. It makes it all confusing when trying to work out the chargers. On the times I could not pay the loan the interest element for it would still show up on my statement so I'm not to sure should I just ignore this section.
Pen vs Lloyds TSB **TOTALLY & UTTERLY WON!**
The Consumer Forums
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Re: Advise needed with Bank Debt
Originally Posted by Pen
