Lloyds TSB: Should I give them the run-around?

[Mr. Kipling]

So I have this debt which is composed entirely of charges, for approximately £170 so it`s not that much. It`s to do with some returned Direct Debits which I have since switched to another account. They are now trying to collect on them. Is it worth CCAing them to put the debt into dispute and await the outcome of the FSA test case, or should i pay and claim them all back?

 

I feel a CCA coming on... Does anyone want to help me compose a letter?

[oneofakind]

If this is a normal bank account, it's probably not regulated by the CCA 1974 anyway, so it would be a waste of time.

 

Get yourself a claim in for the unlawful charges. Best to look at the Lloyds forum on this site for the best advice.

 

FWIW I had an issue with LTSB for a similar amount, which they settled before issuing a court claim.

 

[powelll]

If this ia a normal bank account, it's probably not regulated by the CCA 1974 anyway, so it would be a waste of time.

 

Bank overdrafts are CCA 1974 regulated if they fall into the monetary limits of the Act ( up to either £15k or £25k depending on when the agreement was taken out ). They come under 'running account credit' within s10 of the Act.

 

So I beg to differ but you can CCA them.

 

Although OOAK is right in saying you can still start a claim for the unlawful charges - it will just be put on hold until the outcome of the test case but they can't pursue you in the meantime. So really your call.

[oneofakind]

Sorry, getting my wires crossed a bit there!:o

 

Still don't see any point in sending a CCA. A legal claim for unlawful charges will put the account into dispute, and while many claims are being stayed pending the test case, this ain't necessarily so for all of them.

 

What's to gain from a CCA request in this case, anyway?

 

[Having_A_Knightmare]

legal claim for unlawful charges

 

i am getting confused. Why are Cahoots only yesterday put £34.00 in charges on my account.

 

HAK

[oneofakind]

Because the banks don't accept that their charges are unlawful. That's what the test case is for. Hasn't stopped any of the banks charging their customers yet.

The 'forthcoming' test case will decide, one way or the other.

Maybe.

 

Barclays gave me nearly 2k back before court. Gesture of Goodwill or fear of losing?

You decide.....

 

[Mr. Kipling]

Coll I`ll put in the claim tomorrow. I`ll have to deliver it by hand as there`s a week long postal strike this week...

[rory32]

Ask the bank for a receipt. I assume you are using the letter in the Bank Templates Library?

[Mr. Kipling]

Yeah I`ll ask someone to sign a piece of paper to say they have received it. Because I know how much they`ve charged me I should be able to avoid the preliminary letters and go straight for teh claim, which would then be kept on hold cos of the OFT test case

[oneofakind]

Do you have your statements? You'll need to be assembling a 'schedule of charges'.

 

[Mr. Kipling]

Do you have your statements? You'll need to be assembling a 'schedule of charges'.

 

 

Yeah I`ve got all of them. It only relates to the last 3 months

[The GodMother]

Mr Kipling.

 

Sorry to be a pain but lloydstsb have closed there books t claims for charges untill the test case is ova. They closed it a few months ago as i asked for the bank statements and put a claim in and they wrote back to me rejecting the claim due to the test case.

 

Sorry to spoil everyones day.

 

The GodMother.

[N.P]

Hi everyone,

 

Just a thought, as I`m waiting for statements from Lloyds Card also.

 

I sent Lloyds Card and Lloyds Collections a CCA and SAR request regarding the Card Account.

 

So far, I have heard nothing back in a week and a half, yet they have used the £1 CCA request fee to pay towards the Card debt. Cheeky or what?

 

Anyway, even though they think they are still in the right regarding Bank Charges and have put a hold on claims, don`t they still have an obligation under the Data Protection Act to supply ANY requested information, whatever it`s for?

 

Regards

 

 

N.P

[davethorp]

Personally I would use their tactics against them. Let them come after you. Let them start court proceedings. Defend on the basis of unlawful charges and then apply for a stay pending the resolution of the test case.

 

Would be about the first and only time a stay would be something to smile about.

[The GodMother]

yes they do have to provide you with your statements but they have stopped doing copies of statements because most ppl are using them for cases againt the company.

[oneofakind]

sent Lloyds Card and Lloyds Collections a CCA and S.A.R - (Subject Access Request) request regarding the Card Account.

 

So far, I have heard nothing back in a week and a half, yet they have used the £1 CCA request fee to pay towards the Card debt. Cheeky or what?

 

 

Did you send them a ten pound p.o. for the SAR?

They have 40 days to respond to SAR request, REGARDLESS of why you want the information, this is a statutory time limit. In my experience, they use it all.

 

Week and a half is nothing for a CCA either, with or without postal strikes...

 

Lloyds TSB have closed there books t claims for charges untill the test case is ova. They closed it a few months ago as i asked for the bank statements and put a claim in and they wrote back to me rejecting the claim due to the test case.

 

Not up to them. If you make a claim through the court, Lloyds will have to deal with it. They do not have the power to reject your claim out of hand.

 

[Mr. Kipling]

Mr Kipling.

 

Sorry to be a pain but Lloyds TSB have closed there books t claims for charges untill the test case is ova. They closed it a few months ago as i asked for the bank statements and put a claim in and they wrote back to me rejecting the claim due to the test case.

 

Sorry to spoil everyones day.

 

The GodMother.

 

Yeah, I heard that. I also heard (not sure if it`s true though) that the courts are also putting cases on hold but in the event of the right decision being made it`ll be the held cases which will be dealt with first

 

Nothing to stop me CCAing them to get the account into dispute so that if they try and collect on it or take action then it`ll be them committing the offence so I can report them to TS

[oneofakind]

Many cases are being stayed pending the OFT test case, but it's not something that should prevent you starting your claim. If your particular case is stayed (and some CAGers have actually had stays removed!) then at least you'll be nearer the front of the queue.

 

You don't need CCA them solely to get the a/c into dispute - just send the request for payment letter, and letter before action, which you'll find in the Bank Charges forum.

 

[IdaInFife]

I have not long received my full claim from Llyods tsb when others had theirs put on hold. So they are still paying out on some cases.

 

 

Idax

[N.P]

Did you send them a ten pound p.o. for the S.A.R - (Subject Access Request)?

They have 40 days to respond to S.A.R - (Subject Access Request) request, REGARDLESS of why you want the information, this is a statutory time limit. In my experience, they use it all.

 

Week and a half is nothing for a CCA either, with or without postal strikes...

 

 

 

Not up to them. If you make a claim through the court, Lloyds will have to deal with it. They do not have the power to reject your claim out of hand.

 

 

 

Yes, I sent a £10 Postal Order with the SAR. i went into the bank with two envelopes, one addressed to Lloyds Card Services (SAR) and one to Lloyds Collections (CCA).

 

I used their own internal mailing system instead of the crap Royal Mail which never gets signed for.

 

It`s just they used the £1 CCA request fee, and paid this off the card. The 12+2 working days are actually up on Thursday (11th October), so I was wondering if I should cancel my Direct Debit then or wait a few more days due to the Postal Strike. I`m also going to have my wages paid into my Halifax Account, instead of Lloyds.

 

Also, I`m paying over £45 a month for Payment Protection on the Credit Card, I`m not sure if I ticked the box or not for that, perhaps I should just it all back. The Account also has a number of Charges on, so I can dispute it from a number of angles.

 

I also have an Overdraft on the Current Account, which I`m expecting them to call in. There`s a few Charges on that also, but I`m also going to CCA LLoyds asking for the Account Opening Form. I opened the TSB Account 22 years ago, so that could be interesting.

 

How much longer do you think I should wait before cancelling the Direct Debit for the Lloyds TSB Card? They default on Thursday.

 

Regards

 

 

N.P.

[The GodMother]

cancell it as so as u like. I have suspended payments to all companies i have cca'd and had them going to a savings account so the money is there for them when they can send me a cca. If they fail to i will SAR each company and will get my way with each company to pay what i want when i want like the reduced payment of which i can afford each month after deducting all the charges i have paid out being deducted and charges being stopped on all accounts.

[oneofakind]

I think because of the postal strike, a few more days might be in order. It is just possible that your enforceable true copy is sitting in a mailsack somewhere... (no, really, it's possible! )

 

If your payment's not due in the next week or so, I don't really see a problem; but the last thing you want, obviously, is for your CCA to fall on the doormat the day after you've cancelled your payment....