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.
My husband has an account with Lloyds TSB and also a business account with them. He only started his business two years ago and these first two years have been tough although matters are now improving. During this time we've relied on an overdraft from Lloyds to get us through (perhaps not the best option with hindsight).
In December my husband was faced with 8 weeks without work. he contacted Lloyds by letter and asked them for support - he had over £2000 worth of work in February when the excess overdraft could be repaid. They refused and we were left desperately trying to get enough into the account to cover the direct debits due to come out. We were not successful and despite a letter to them asking for all direct debits etc to be cancelled it took more than a week for this to happen (we sent it recorded delivery and someone at the bank told my husband the next day that it had been recieved). During these few weeks we had several DD declined and a charge of £35 for each one - even though some of them were for much smaller amounts than this.
In despair I arranged for my salary to go into a new basic bank account so that i could ensure the rent and electricity were paid (my salary just covers both) but obviously this meant that Lloyds did not get the overdraft reduced with my salary and continued to add charges and interest. We are now £1.464 over the overdraft limit of £3000. About half of this excess is charges made. We are in despair as it seems impossible to fight the big banks. Pleas that we asked for their help to avoid this situation appear to have fallen on deaf ears and we are now reduced to ignoring them completely (which I know we can't do forever). With a limited income we cannot afford for what we do get disappearing into the black hole of the overdraft. At present my hubby pays his income into the business account and then promptly transfers it to my account - he's trying to send Lloyds £100 a month which we can ill afford and they are sending letters which are getting nastier and nastier. If they'd just given us help when we asked for it this would not have occurred.
Do we have any recourse at all?
Is this all our fault? The bank never said that there was a limit to the support - just increased the overdraft on request (and despite the high amount we always kept it within the limit until this) and then suddenly said "No"?
I am so angry that after telling them we wanted so much to avoid the charges they have more or less said "Thanks for the extra cash" and sat back to count the money - they must have been rubbing their hands together with glee.
Please advise - can't sleep at night for worrying. We don't have a mortgage (can't afford one) so I know my home is not at risk but I am still scared about what the next step in the process is.
You've certainly come to the right place. You are entitled to claim all of your charges back, plus the interest that was charged on them, at least for charges that were not agreed in advance (you need to check the details of charges in your business account to clarify the charges there)
It really does take a few days to get your head around all the arguments and all the information needed for starting a claim. You would also be well advised to manage all your household debits through the basic account, as you are doing now.
You will be setting a timetable (the timetable that the bank says it will work to is irrelevant). In the FAQ you will find 'Step By Step Instructions.' Start this, be clear on what your first step is (requesting the info from the bank so that you can calculate what they owe you)
Whilst waiting for the info, read up on your next step. If you make sure you stick to your own thread in the relevant area (eg [username] claim against [bank]), and use this as a sort of diary which you can update as things progress. It will also enable you to check responses to your questions, and people will be able to find your thread a lot easier.
Good luck.
You are here, you want your money back, you will get help and support in this, but it is YOUR call, and you must be prepared to put in the effort.
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
As the direct debit guarantee states that Don't forget, you can cancel a Direct Debit at any time by contacting your bank or building society. and does not say that you have to give them notice to do so this strengthens your case even further.
If you have no further unlawful charges and (god knows why) you want to stay with the bank then quote the direct debit guarantee to them and demand repayment of those charges.
If you have other charges that they have made, you already have another a/c you can use, read the FAQ's carefully and decide whether you want to claim them all back.
Welcome to the forum. I identify with many of the points you make because we have been through almost exactly the same. I empathise with you.
By taking positive action, it will get a lot better within a matter of weeks. The sooner you can stop the rot the better - by starting the step-by-step process.
Immediately after starting this, you should sleep soundly again if you are not already doing so.
I took all my correspondence by hand to my branch. I had it acknowledged with a signature and bank date stamp, for the attention of my business banking manager who has "control" over all our accounts. I think it is important to direct my claim to the person who is most familiar with my history (though they change so often it's difficult to keep each clone fully informed). By sticking to my one point of contact I have kept the bank clearly informed and avoided any duplication or confusion. I have therefore kept the thrust of my approach directed at one point and it is strongest for doing that. Whether you do the same is your choice.
Do not despair, you have solid, intuitive and frankly entertaining people like Spiceskull supporting you. I wish you every success.
Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.
Please help
TSB and also a business account with them. He only started his business two years ago and these first two years have been tough although matters are now improving. During this time we've relied on an overdraft
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Re: Please help
