Loan serviced from current account, unfair charges reclaim.

[gezwee]

Hi

 

Is it necessary to issue poc based on unfair terms for reclaiming charges on a current account servicing a loan account?

 

Loan account from Aug 2007 (pre contract and application only).

 

No actual regulated agreement. No terms within application.

 

Application refers to pre contract information, pre contract information refers to a 4 fold glossy of terms in the branch.

 

Bounced D/D charges on the current account for the last year, plus interest plus 'management fee' plus default fee plus.......whatever else they can think of.

 

Total amounts to circa £2000.00

 

Don't want to add this to my old claim for unfair charges on stay as I believe they have seriously erred in their application of fees in this instance.

 

Is there a work around to the poc in filing N1 so I can press forward to a hearing at first available date.

 

Clearly this will assist me with 2 issues, firstly the charges and secondly the loan agreement.

 

Any thoughts?

 

Gez

[landy_alert]

Hi Gez:)

 

I've just been reading your thread with interest. I cannot offer any advice I'm afraid, but it suddenly hit me that the two loans we currently have with LTSB (both in default and subject to mis-sold PPI claims in the hands of the FOS) are serviced from our current account also and therefore the charges applied have got caught up in our bank charges claim.

 

It hadn't dawned on me till I came across your thread that these charges are not bank charges as such at all and should be able to be claimed separately, ie, not subject to the Test Case delays etc.

 

I will follow your progress with interest on this and in the meantime will try to establish if anyone else has got around this problem!

 

Good Luck,

 

Landy x

[gezwee]

Hi Landy

 

Looking for some inspiration from someone who's already had some success.

 

Not sure whether to fudge something together and chance my arm or add to my existing claim and wait and wait and wait and.................

 

You get the picture, don't see the sense in claims relating to dubious charging practise' getting stayed with issues that are solely current account based.

 

I've given Cerb a bump to see if they can move this thread somewhere more suited for someone to step in with some thoughts on the subject.

 

Gez

[landy_alert]

Hi Gez:)

 

Will watch this space and see what happens - I'm still in the process of totting these charges up, as until now I had lumped them in with all the others on the current account:confused:

 

Hopefully as you say someone else may come along who has already dealt successfully with something similar!

 

Regards,

 

Landy x

[citizenB]

gezwee, what bank is this and I will move you there. You can also see in each banking forum there is a "success" thread.. so you might find some inspiration there.

 

HTH

[gezwee]

Hi CB

 

Its a Natwest one. Thanks for dropping by so quickly

 

Gez

[gezwee]

This one sort of went on the back burner for a whole 2 weeks........ I know, I know, the young are always in such a rush

 

Anyway, have sent LBA and will be seeking damages + restitutional interest when I can work out what to throw on the poc.

 

Not much else going on at the mo so I spose I should start doing something with all this spare time.

[landy_alert]

Hi Gez:)

 

Just wondering how you got on with this?

 

I recently went back through all my statements and discovered approximately 40 charges for bounced d/ds relating to two LTSB loans serviced by our current account with them. I have done nothing further as yet and am just pondering whether/how to take action.

 

In the light of the test case result I would be interested to hear what your bank's reaction was to your LBA?

 

Many thanks,

 

Landy x

[gezwee]

Hi Landy

 

Sort of got a result, or at least a result I was happy with

 

Sent the LBA, got the usual bull in response referring to stay. Sent them another letter advising they should have read the first so they would understand this was for a return of all charges applied in 'error' . Followed by a ping-pong game of more letters and further drivel which resulted in an offer in January of £1520.00, all things considered it saved the risk of losing in court and made a decent dent in the overdraft I left with them.

 

Gez

[landy_alert]

Hi Landy

 

Sort of got a result, or at least a result I was happy with

 

Sent the LBA, got the usual bull in response referring to stay. Sent them another letter advising they should have read the first so they would understand this was for a return of all charges applied in 'error' . Followed by a ping-pong game of more letters and further drivel which resulted in an offer in January of £1520.00, all things considered it saved the risk of losing in court and made a decent dent in the overdraft I left with them.

 

Gez

 

Thanks Gez - well done on achieving such a great result:grin:

 

As I have a pretty similar situation do you think there's anything particular I need to put in my letter to make Lloyds sit up and take notice - any pointers you could recommend would be greatly appreciated!

 

The charges LTSB have applied in relation to loan payments bouncing amount to £1100 without interest and like your situation this would improve my overdraft balance enormously.

 

Many thanks,

 

Landy x

[gezwee]

Hi Landy

 

Don't know if my situation helps you tbh.

 

Not really sure where to start, many many letters ago I had disputed their right to draw down dd's on the current account as the dd guarantee should have taken precedent when cancelled, the bounced dd charges had effectively taken me over the od limit and compounded charges.

 

They ignored this so I went down the route of CCA,(making it sound a little simplified but there was additional comms to my MP and Alan Dickinson & Stephen Hester at RBS during this period) on presentation of CCA i checked against original and found that my copy (application only) had no signature block and referred to a branch brochure for t&c's. Theirs had one (signature) but.......... it carried the signature from a savings account I had opened a couple of years previously - I know its the same one as the pen slipped and I have copy of same which surprisingly matches with same dimensions!!

 

Brought this to their attention (dropped a huuuuuuuuge hint to local branch manager) and ended up with an offer.

 

I suppose long story short, they got caught with their pants down.

 

Gez

[landy_alert]

Hi Gez:)

 

I see what you mean - yours was obviously much more 'cut and dried' than my own situation and really they had no alternative than to cough up.

 

I very much appreciate you passing on this information and I will have another look at my own circumstances and see what I can pull out of the hat - this being LTSB who are notoriously hard to deal with I shan't hold my breath for success, but you have inspired me to give it a go, so thank you again!

 

Landy x