Bank taking me to cleaners PLEASE HELP

[fuwd]

Hi all im a new user here so a big sorry in advance if im posting in wrong place. (Will get my head round it soon)

Well my problems are with a little known bank called 'Bank of Cyprus London Ltd' Ive been told by a few of their employees that they are basically Lloyds with a different name (use lloyds clearing systems and all)

From about 2002 i started recieving Bank charges of all kinds you name it. I had just started up on my own as a joiner.

Fast forward 5 years and 4675 of charges later.

I had a 1k overdraft and was always fluttering in and out. sometimes the time the bank woulkd clear my cheques even if i was over my O/D. The bank got peed off with the way i was running account and withdrew my O/D (with out letting me know) It all went Pete tong from there. I stopped using the account with a balance of £1342.17 DR in July 07. I started getting letters for the ammount and contacted them in writing telling them that they actually owed me £4675 in charges back. (was hearing all the hype on tv/radio) They told me to put my complaint and all in writing. In that time i moved house (7 doors down same road) and did inform them.

When i did send write to them i was informed of the test case and told of the waiver (wich they where sighned up to) From then to know they have managed with out me knowing (as mail was going to wrong place) to put a charge on my property for close to 5k. I got into agreement to repay £50 a month as i thought that was it a judge had ruled (the impression they gave me) They had known from back in July 07 that i was struggling financially and my statements also show this. Is what they have done Legall? Should i just sit down and pay them off or stand up and fight?

Sorry for long post but felt a bit of background info would be useful. Thanks

[PGH7447]

Hi and welcome to the cag, not too sure on charging orders but someone will be along shortly

[fuwd]

Cheers, i hope so as this is one stressfull situations.

[debt4get]

have asked site team to have a look re charging orders and maybe getting a set aside as mail not been going to you which may help your case in starting to get this set aside in court

[Bazooka Boo]

If you have proof that you informed them of your new address, then I believe you can get this charging order set aside for that very reason.

 

They have acted unreasonably, did you put a claim in for your bank charges?

Why have they not paid them back?

 

There is a new letter you can send them

[*Example letter to bank with new grounds

[fuwd]

Hi, thanks for the quick respones, (this is getting interesting)

I physically went into the branch and gave them my new infomation, sadly not by post. I do however have a copy of the hand written letter i sent them in Aug 07 and the bank responded by refering me to the fact that the courts will not hear this and to wait till the test case. I had researched a bit online and found this to be true. They didnt chase me for nothing (if they did i didnt recieve anything) A year later the CO was put in place and i found out about it 7 months after that when the bank sent a letter to the right address. I agreed to pay them £50 a month and freeze interest untill the test case was heard (still get letters notifying me of interest and charges STILL acumilating about £85 a month) so my £50 repayment is actually doing @#&% all.

[debt4get]

yeah i too think you have a good case for set aside if they have deliberately been sending the info to wrong address.. then how the hell were you to know that a ccj and co had been put into place...this is typical of how some of these people operate

[debt4get]

if you do a site search on set asides you should be able to get some of the information you need... hopefully as well someone from site team will be along to help a bit more

[fuwd]

thanks 4get, i was told by the bank that the chances of getting it set aside based on 'i didnt receive the judgment' are extremley slim

[themagician]

thanks 4get, i was told by the bank that the chances of getting it set aside based on 'i didnt receive the judgment' are extremley slim

actually its not slim at all, if you can prove that you notified them of the address change the chances are very good indeed,

carthorse did that to me and very soon i will be getting my set aside,

if you go for a set aside remember to go for costs,

my costs are for over £600.

[fuwd]

when you say costs do you means all the fees that where added by them or my mortgage company

[debt4get]

no those are the costs for the time and effort, and fee that you have to pay in order to get this set aside, believe its 75 quid for set aside plus your time, etc etc which they will have to pay.. its typical of the bank to say you wont win though but then they would

[debt4get]

you will need to get the court to issue you with an N244 forms you will need these in order to put an application into the court for a set aside judgement

it cost 75 quid unless you are on benefits, if so you will need to tell the courts this at the same time

[debt4get]

also you are going to need the case number, if you havent got it you can get it from here

Check the registers for your CCJ, judgment and fine records - Trust Online

it apparantly cost 8 quid and you will need to keep a record of what you are spending as these will form part of your costs

[debt4get]

did you ever recieve the papers for the original ccj that should have been issued before the charging order was put in place?

[fuwd]

did you ever recieve the papers for the original ccj that should have been issued before the charging order was put in place?

 

no , no papers concerning ccj. Aurely the bank can lie and say that i didnt inform them about my address as they were still sending mail to my old address. Should the charging order been sent to the address the charge is going to be made or the one on their files

[debt4get]

the charging order will be applied to the property you own.. this is for a creditor to try to enforce payment or, to even force sale of the house to regain their money...can you show that you have moved? maybe by electoral roll or someother way.. you will need to convince the court that you did not recieve any paperwork, as this will form part of defence for set aside

[debt4get]

actually having reread your post something just occured to me..if the charging order is on the address you now reside in, which i assume is your home... where on earth did that paperwork go??? i assume from your posts that for some reason unknown it went to your old address??

[fuwd]

actually having reread your post something just occured to me..if the charging order is on the address you now reside in, which i assume is your home... where on earth did that paperwork go??? i assume from your posts that for some reason unknown it went to your old address??

 

Thats right i used to live at ** Address removed **with my GF and i brought the flat 6 doors down **Address removed ** I obviously changed all my bills and started paying council tax on new house. From the date i moved )about a year before the CO.

Edited January 17, 2010 by citizenB
Personal information removed.

[fuwd]

at the same time i was going through insolvency with my Ltd Company and alot of my mail was getting re-rooted to The Insolvency people. I thought that they were not prsuing the debt because of the stay in the courts.

[debt4get]

right in that case it is going to be much easier to get this set aside, as obviously the mail should have been going to your new address, especially as we can now show that you moved and changed bills and council tax etc... i take it the co order is on the new flat that you purchased at no.8. get hold of the forms as soon as possible and the site will help you fill in with your defence

[Its WAR]

You may want to delete your address details from the above posts.

[debt4get]

thanks its war but i think they are tongue in cheek m8

[fuwd]

Spot on 4get but thanks 'Its War' for your concerns

[Old Cogger]

Thats right i used to live at Edit with my GF and i brought the flat 6 doors down Edit . I obviously changed all my bills and started paying council tax on new house. From the date i moved )about a year before the CO.

 

try not to give personal information, look your road address

Edited January 17, 2010 by citizenB