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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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

Mr. Kipling

By Mr. Kipling
in Lloyds Bank

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Mr. Kipling

Mr. Kipling

Posted
Posted

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?

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oneofakind

oneofakind

Posted
Posted

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.

 

:D

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powelll

powelll

Posted
Posted
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.

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oneofakind

oneofakind

Posted
Posted

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?

 

;)

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Having_A_Knightmare

Having_A_Knightmare

Posted
Posted

legal claim for unlawful charges

 

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

 

HAK

Click here for great help:razz:

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

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

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oneofakind

oneofakind

Posted
Posted

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.....

 

;)

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rory32

rory32

Posted
Posted

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

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Mr. Kipling

Mr. Kipling

Posted
  • Author
Posted

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

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The GodMother

The GodMother

Posted
Posted

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.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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N.P

N.P

Posted
Posted

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

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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davethorp

davethorp

Posted
Posted

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.

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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The GodMother

The GodMother

Posted
Posted

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.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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oneofakind

oneofakind

Posted
Posted

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.

 

;)

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Mr. Kipling

Mr. Kipling

Posted
  • Author
Posted
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

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oneofakind

oneofakind

Posted
Posted

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.

 

;)

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IdaInFife

IdaInFife

Posted
Posted

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

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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N.P

N.P

Posted
Posted
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.

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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The GodMother

The GodMother

Posted
Posted

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.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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oneofakind

oneofakind

Posted
Posted

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!:D )

 

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....:eek:

 

;)

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