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Tooth Fairy -vs- Arrow Global (Lloyds TSB)


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Had a demand letter from these people today following the termination of my CCCS plan.

 

This is charges I was trying to reclaim from Lloyds TSB, which caused me to go overdrawn, LTSB has since said they will not do anymore reclaimation of charges until the test case is settled.

 

Arrow have offered to send me my personal data on receipt of £10 and an SAE.

 

What are the 'rules' on overdrawn amounts caused by bank charges?

 

Any advice appreciated prior to a CCA request going out this afternoon.

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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LTSB has since said they will not do anymore reclaimation of charges until the test case is settled.

Having had a brief read around the general consensus is to carry on with claims regardless of the test case. If the amount they're chasing is all charges i'ld be carrying on with a claim.

 

Regards, Dave

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Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

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OK, I will do that.

Due to the fact that no overdraft was ever agreed or signed for, in a CCA way, is it lkely that they will turn around and say that:

 

a) Overdrafts cause by charges are not covered by CCA

b) When you open a bank account, you sign the said CCA and it's terms (I can't recollect signing)

 

This is from May 2002 so almost Statute Barred, although Arrow have offered my data to me, it is likely that they have a CCA, not had a DCA offer me my data before!

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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I have something similar, LTSB have taken £104 out of my account leaving me £104 overdrawn, now they are saying it`s my fault that it`s overdrawn. I`ll send them a demand for it`s repayment - (my gf did it by going to the branch and informing them she wouldn`t pay a debt which was just made up of illegal charges and they just paid her back!) - which will put the debt into dispute so they can`t send it to a DCA.

 

Also Arrow shouldn`t really be charging more than £1 as that is the statutory amount (unless it`s different for them)

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Arrow have offered to send me my personal data on receipt of £10 and an SAE.
I think Arrow are offering to perform a S.A.R - (Subject Access Request) here, hence the £10

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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  • 2 months later...

OK

 

Arrow Global are chasing me for £560 and I have submitted a claim for £1130 in July to Lloyds TSB for unfair charges.

 

No response to the CCA, so well outside the time limits for this.

 

Lloyds TSB have said they will accept 50% of the balance as F&F settlement....fine but it is made up all of charges.

 

I was thinking, because of the test case, if Lloyds TSB were willing to write off the current balance I would not proceed with reclaiming my charges. I am happy to do this.

 

What I just wanted to know, is do you think this is a fair offer to them and how likely would be they be to accept it prior to the test case?

 

Any thoughts?

 

NB Have reported Arrow to TS and request a complaints proceedure from them, not exactly forthcoming!!

 

TF x

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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I think the banks have more to fear than consumers with regards to the test case, It has already been stated that the current charging system is punitive in nature and as such unjust.

 

the option of a bank having to pay someone £1130(plus interest) in illegal charges or cancel a debt of £560 which in itself is made up of illegal charges would logically seem to be a no brainer.

 

but logics and banks don't always walk hand in hand

 

I reckon you should put the offer to them and see what they say, at the end of the day, it will appear that you're just making a reasonable attempt to rectify a problem that is of their making.

 

as always, get it writing ensuring any CRA records are marked as settled or paid in full, but then you already knew that

Hope this helps

 

 

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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No, you are absolutely spot on logical and banks have never and will never go hand in hand.

 

I had previously asked them, when this was accrued, to close the account and allow me to repay a balance of what was £120 in charges, they refused and said I had to repay the charges first and duh, like a naive idiot (Sorry, I was a naive idiot at the time) I believed them and allowed them to keep accruing me charges. I have already paid some monies to them under my old CCCS agreement, so I'd also be willing to waiver those payments too.

 

I am so trying to clean up my credit act and I only have a few more to go through before I can start paying the valid creditors a reasonable amount or offer a reasonable settlement figure, which is why I'd be prepared to forego my case against them.

 

Thanks Spamheed, you're a love!

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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Any other thoughts on this offer.

Not very familiar in the process of making offers for F&F settlements, so I would greatly appreciate any further words of wisdom or any pointers on how to compose a letter.

 

Also, should I put 'Without Prejudice' on the letter, as they do to me?

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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Without prejudice is a legal phrase that allows parties to discuss and negotiate a settlement to a legal claim, without admitting liability. Any documents headed "without prejudice" cannot be used in evidence in any subsequent court case without the permission of both parties.

 

it would rule them out from using your offer as a weapon in any follow up action, safeguarding yourself.

 

It would also be likely that should they accept the F&F, then they could follow up and you wouldn't be able to submit this document as supporting evidence to your own case without their permission

 

Like someone wiser than I says, The law is double edged.

 

I reckon you've got nowt to lose by being seen as trying to resolve the issue

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Personally, I'd tell them to go forth as they know you got 'em ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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