McIavelli V Lloyds TSB

[McIavelli]

Well, after reading through FAQ's & a fair proportion of the threads in this forum I thought it about time to open my own thread.

 

I would like to say at this stage that I've been very impressed (& actually moved in one particular case) with the spirit of mutual support that exists in here.

 

So far I've received a list of charges levied by LTSB over the past 6 yrs & they amount to just over £5,000 This figure EXCLUDES overdraft interest & monthly account charges.

 

I'm about to send off my preliminary approach for repayment along with my schedule of charges, but before doing so, I need to make sure that I send the correct version of the letter & any default notices are removed from my record as part of the deal.

 

To be honest, my financial situation has been dire for the past 6 years & I've had so many "standard letters" from LTSB that I may have been sent a default notice & it gone unoticed. How do I go about finding out if a default notice actually has been issued?

 

Kind Regards

 

McIavelli (I'm not that devious really)

[jshtr3]

You can request a copy of your credit file (think it's a couple of quid) but i really can't remember where i've seen that. Try looking in the templates library. The other alrenative is get a free one from experian or equifax online. You have to put your card details in but you get to see it for free and you can cancel your subscription before you pay. I did it this way

[McIavelli]

Thanks for that jshtr3 I did click on a link to one of these reference agencies, but I bottled out after looking through the details they required (fears of online identity theft etc) Anyway, my credit history should make very interesting reading

[jshtr3]

I understand your worry about identity theft but I think it's all done on a secure server. Like I said, I used it and have had no problems. Thing is, if your credit history is as bad as you say, it's unlikely anyone would be able to get credit in your name even if they stole your ID;) They have all the info they request anyway. They just ask you to make sure you're the person they are giving the credit record to. Have a search for the other info I mentioned if you're still worried.

[Mistermind]

McIavelli,

 

Lol, Experian already knows what you had for breakfast.

 

If your Experian file does NOT show a Default Notice from Lloyds I am not sure that is definitive proof none was issued. Experian depends for input from banks and cards, and some of the grander banks do not bother to pass on all their info, including Lloyds.

[McIavelli]

Yep Mastermind..I had crunchy nuts actually & I can't wait to get LTSB's corporate nuts between my teeth

 

I bit the bullet & checked my credit record via experian..Suprise, suprise no mention of LTSB whatsoever

 

Hmmm now where do I go?

 

Regards

 

McIavelli (I'm not that devious really)

[jshtr3]

If you have sent the S.A.R - (Subject Access Request) from this site isn't there a section in that asking about defaults on your credit file?

Just checked, no there isn't

[McIavelli]

I dare say there is jshtr3..but I've only recently joined CAG..I did the S.A.R via another site (Martin Lewis / money saving expert)..Aint hindsite a wonderful thing :o

 

Still, a late convert is better than no convert at all eh

[Mistermind]

If you have a Lloyds credit card as well as bank account, and a Default Notice was issued, you would have known about it. Your card would have been stopped from use. Cards are administered in Brighton old TSB office separate from bank account, so ringing up Brighton with query is unlikely to get back to your bank manager.

 

If Lloyds did or did not issue DN, provided they continue with the policy of not notifying Experian, such an invisible DN would not hurt your credit status vis a vis the financial community outside the Lloyds group.

 

If no answer forthcoming you could check with the second biggest credit reference agency located in Bradford, I forget the name, others will know, for a standard £2, or free online?

[McIavelli]

Thanks Mistermind,

I don't have a credit card with LTSB (thank goodness ) so I'll follow your suggested route. The only other credit reference agency that comes to mind is Equifax..but I was under the impression that they were in Nottingham.

 

Any ideas anyone?

[Mistermind]

Experian is in Nottingham, Equifax in Bradford. Between them they have the market sown up. There is a smaller setup in Scotland I think, but minor.

 

It also would cost nothing, to ring Lloyds Bank. You will get through to a Service Centre. If you pose an innocent generalised question, they may not insist on passing the query to your branch, e.g.

 

"I am thinking of a Lloyds loan to buy a flat in the medium future.

But I did go through a bad financial period from which I am now emerging. So that I know what I need to do, could you advise if a black mark has been put on my file to make house loan difficult."

 

"(Now in a nonchalant tone) for example was a Default Notice issued against me? It was? Are you sure? What was the date of issue?"

[McIavelli]

Cheers Mistermind; That may well be worth a try . I'll see if Equifax have anything on me first.

 

Kind Regards

[darling1]

They have plenty on us-:o -we could not open an umbrella account, or get a mortgage on the high street! So that is one way of telling..

Have you opened an umbrella account yet McIavelli?, its always a good idea. At the moment it seems that they are not insisting that you take your custom else where if you win, but if you continue to "misbehave" in your account they may ask you to bank elsewhere giving you notice..

BTW good luck and welcome.

Darling1:)

[McIavelli]

Hello Darling (ooer Mrs, that DOES sound familiar, & we've only just met ). Thanks for your best wishes & warm welcome. I'm really sorry to hear about your circumstances & wish you all the very best in your claim. It would seem that you're in good hands in here.

 

I read through Pen's thread from start to finish yesterday..What an emotional roller coaster & what a bunch of insensitive b*****ds the banks are; I was almost in tears at one point :o but I was SO impressed with how you guys have all rallied round her.

 

In answer to your question, yes; I (suprisingly) managed to open an account with Alliance & Leicester. I guess I've been lucky that I have my health, my circumstances haven't changed & I'm approoaching this at a point just before "Mr Wolf" actually starts knocking on my door (& with them whacking on £90 per month + interest I can hear the howling at night ).

 

In total, LTSB have deprived me & my daughters of £5K's worth of illegal charges over the past 6 years & being on a limited income, it hasn't been easy.

 

Anyway, back to finding out if LTSB have defaulted me...I checked out Equifax but they aren't doing the months trial like Experian, so I think I'll follow Mistermind's advice & give LTSB's service centre an "informal call" & keep my fingers crossed this doesn't set any alarm bells ringing (Does anyone know if there is there a risk of this?) & they DO default me ...Has anyone got any other ideas to check if LTSB have defaulted me?

 

Best Wishes

 

McIavelli (I'm not that devious really)

[Mistermind]

You could go for an indirect proof. If you buy a mobile phone in the high street the shop will try to open an account for you with Orange, T-Mobile etc. These companies will check online, probably with Experian, probably basing their decision to accept/refuse on the absence/presence of a D N. But if Lloyds issued a D N and kept it quiet inhouse, the phone companies also will not see it.

 

I am not quite clear why you want D N removed, if it was ever put on. You would not have anything like sufficient legal grounds to demand removal of D N, unless the D N was triggered EXCLUSIVELY by unlawful charges.

 

I.E. If unlawful charges had not been levied, your account would not have gone overdrawn without authorisation.

 

Good luck.

[McIavelli]

Cheers Mistermind..I'll crack on with my Preliminary Approach for Repayment (along with the submission of of my schedule of charges of course).

 

Incidentally, the amount I'm claiming is just over £5K (£5,114 to be exact). Should I round them down to £5K now, or later to ensure that my claim goes through the small claims court?

 

Kind Regards

 

McIavelli (I'm not that devious really)

[McIavelli]

Bump! Sorry to be a pain guys!

 

Incidentally, the amount I'm claiming is just over £5K (£5,114 to be exact). Should I round them down to £5K now, or later to ensure that my claim goes through the small claims court?

 

Kind Regards

 

McIavelli (I'm not that devious really)

[darling1]

I had a claim well in excess of 5K and i had a payout the night before the case was due in court, the court case was to decide the allocation of the track ie. fast track or small claim...this is what Pens court hearing turned out to be... There is a smallish risk as to the costs should you loose, - if you look at my thread v LTSB you can look at the advice that GaryH gave me ref claims over 5k..........I followed it to the letter and won, so good luck.

I know what you mean as your claim is so near to the 5k - but does that include the interest at 8%? because if you havn't aded the 8% that willl push the total you are claiming well above the limit for small claims

 

Darling1

[Mistermind]

bank charges over £5000

helpingmyson

Yesterday 22:05

by louis wu

111Welcome to our forum What if it looks like my charges total more than £5000 (1 2 3)

yogachick123

18th May 2007 13:47

by yogachick123

40481The Woolwich

 

 

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[McIavelli]

Hi Darling,

No, the £5,114 excludes any interest. I'll read through your thread, digest GaryH's advice....keep me fingers crossed & buttocks clenched

 

I couldn't possibly afford to cover LTSB's costs if I lose..Not that defeat is an option, you understand.

 

If I claim the full amount (ie £5,114 + interest) in my Preliminary Approach for Repayment letter, is it possible to reduce the claim at a later date to ensure it goes through small claims, or am I to prepare myself to go through the "fast track" system?

 

To summarise:

1) At what financial amount is it worth ones while "biting the bullet" & going through the fast track system versus the (relatively straightforward???) small claims system.

 

2) If I lose through the fast track system (heaven forbid); What level of costs are likely to be levied against me?

 

Best Wishes

 

McIavelli (I'm not that devious really)

 

PS

I do have a nagging concern that judges may be beginning to view the ever increasing number of climants as being avaricious bandwaggon jumpers & banks being the victims (ha bleedin ha ) eg the leeway the banks solicitors seem to get.

 

It's unlikely that judges will have ever known the meaning of financial hardship & their circle of friends at the masons lodge / golf club is more than likely to include a bank manager or three.

[McIavelli]

Cheers Mistermind,

I'll check those posts out

[darling1]

The thread that I refer to is - Darling 2 takes on the TSB **won** - that was me on behalf of the OH - everyone thinks that they are to be the one who will loose, its only natural, and even if you were in the small claim track you could still loose.

I was told by the LTSB barrister that turned up to our allocation hearing (after they had actually paid out!) that they are defendingall the contractual interest (CI) and the pre 6 yr claims, if you notice pen is claiming the CI -

The amount we were claiming amounted to about 11000 after all the interest and costs were added, this was not that long ago - so if I were claiming over 5K I would still go ahead in 1 lump - there is a strong argument for not chopping your claims down into smaller ones, I am no expert- so I will leave it for you to read up on GaryH's advice that is on my thread mentioned above.

Ultimately it is up to you to make your own informed opinion...Good Luck!

Darling1

( you can call me Darling - most do!)

[McIavelli]

Bump. Sorry to be a pain guys :o

[griffin9959]

McIavelli,

 

Thanks for droppin by my thread. If I can be of any assistance, give me a shout. Good Luck!!

 

~S~

Griffin

[McIavelli]

I submitted my preliminary letter (by recoreded delivery) 10 days ago to my local branch; I've just read livelylad's post that it should've gone here :

 

Customer Care

Lloyds TSB

125 Colmore Row

Birmingham

B3 3SF

 

NowI'm getting ready to fire off my Letter Before Action; Should I:

a) Send it to my local branch again regardess

b) Send it to the abaove address

c) Doesn't it matter anyway

 

A few words of advice would be more than welcome.

 

Best Regards

 

McIavelli (I'm not that devious really)