Lloyds claim - **WON _ Amazing win based on UTCCR's**

[orfoster]

hi everyone, I am at the stage with my lloyds claim where I have filled in an allocation questionnaire, I have done it online as a PDF to print and sign. I have included in section G

 

The Claimant is aware that the defendant is now routinely requesting a stay in proceedings in claims of this nature, by indicating an intention to negotiate a settlement in section A of their allocation questionnaire.

 

The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has rebutted or ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters.

 

It is submitted that the request by the defendant is highly likely to be an attempt to further frustrate and delay proceedings, and the pattern of settled cases so far would strongly suggest that the defendant does not intend to settle these matters until a hearing date is imminent.

 

Accordingly, the claimant respectfully requests that any such request by the defendant is turned aside.

 

I will attach the draft order of directions as well but do I need to send a copy to SC&M of the allocation questionnaire and draft of directions or just one copy to the courts???

[elsinore]

Hi orfoster.

Yes, the correct procedure is to send copies of everything to the defendants, in this case SC&M.

 

If you discover that SC&M have corresponded with the court without copying you, make sure the judge knows about it, if and when the time comes!

 

Els

[orfoster]

Ok Lloyds are really starting to annoy me now.

 

I have got about £470 of charges, this has taken me £350 over my overdraft and they are continueing to send me letters, so I called them today, I have previously raised a complaint but if I take them to court they will only add more and more charges to the account at their ridiculous rate.

 

I thought I read somewhere in the banking code that they can't pass any negative details to CRA or pass to DCA if the account is in dispute??

 

They told me that they wouldn't be passing it to DCA but would pass it to their internal recovery team and it would pass to CRA's.

 

I wanna really kick them because I think its unfair that the banks are allowed to charge while this test case is going on but we aren't allowed to progress our claims.

 

Any suggestions on what to do?

 

Thanks

[Guest Old_andrew2018]

bump

[Aterlatus]

If they've passed it to their internal recovery team then you'll get a call off them before long - be polite and nice to them because they can and will set up an arrangement where the overdraft is extended to cover all charges and you can make small payments off it each month. Should easily buy you 6 months or more to get it into court without the fear of further charges.

[orfoster]

Hiya,

 

Thanks for getting back to me.

 

I have totalled up that I have £650 worth of charges and and £400 in the red! It was a charge that took me overdrawn in the first place.

 

I've just been telling whoever calls me that the account is in dispute because of the charges and I won't put myself out simply because they are doing what they like with my account so no payment will be made to bring the account in credit until they refund my charges.

 

I know it won't happen but I think its highly unfair that the banks are allowed to place charges on accounts that are in dispute but on hold because of the high court test case. Shouldn't it all be on hold?!

[Gez]

Open another account elsewhere ASAP. Transfer all your income into the new account and at least this way your income is safeguarded.

 

Then you have 2 options. Either make arrangements to repay, then reclaim at a later date. Or tell them to take a run & jump for the money & if they want to take you to court, play them at their own game & get the case stayed as it is over bank charges.

[2Grumpy]

Did they tell you in advance that they were going to take so much in charges?

 

They just took £160 charges from my son who says that he didn't get any warning.

With Lloyds scales of charges there is no way that you can easily work out what they are going to charge.

When they have variable charges, they should notify you in advance in the same way that they should before charging interest

[RubyRose]

Or tell them to take a run & jump for the money & if they want to take you to court, play them at their own game & get the case stayed as it is over bank charges.

 

 

Thanks for that Gez - I think thjat is exactly what I am going to tell them to do.

 

Ruby

[yourbank]

I actually disagree with the advice Orfoster, my friend(nattie in a previous life). Report them to the FOS as they are passing on a disputed debt. Ask them to take you to court and you will apply to the courts for a stay on the claim pending the OFT test case(if it works for the banks then it works for you as well).

If they pursue debt recovery action they will be in breach of the new FSA waiver that has now come into effect as of today, albeit, I was made aware this was also part of the previous waiver in place. Complaint to the FOS time.

[orfoster]

Hi all,

 

I am starting off down the long (hopefully short) road of claiming back my credit card charges from Lloyds.

 

I am preparing my letter for history of charges.

 

I am sending it to Lloyds registered address;

 

LLOYDS TSB BANK PLC

25 GRESHAM STREET

LONDON

EC2V 7HN

 

Is that correct? I am also sending a letter asking for statement of charges first to see if they will do it without paying as I have seen some have stopped SAR charges for just statements.

[yourbank]

Yes Orfoster but they can refuse to send a SAR without the statutory fee.

[orfoster]

Hello,

 

I recently discovered a default on my credit file from Lloyds.

 

In 2007 I went into financial hardship because in 6 months the bank applied £1120 of charges to my account. They have refunded charges but actually still owe me about £700.

 

Anyway, I wanted to know why this default had been filed when I was in a payment arrangement.

 

SAE bundle arrived last week and it says

Copies of Default, Enforcement and Assignment notices are not saved by customer name so we are unable to provide copies under a Data Subject Access Request

 

Is there anything I can do about this because I'm sure I never received a default notice.

 

Has anyone else had the same issue with Lloyds?

 

Cheers

[orfoster]

Here is a copy of the letter I propose to send Lloyds TSB tomorrow about defaults being issued on my credit file;

 

In addition Lloyds are yet to provide me with copies of default notices issued

and I don't ever remember receiving any.....see below.

 

Dear Sirs,

With reference to the above complaint.

 

I now believe these issues are so serious that I am advising you that if I do not receive a satisfactory response

to my complaint within 14 days I will commence court proceedings without further notice.

 

It is therefore important that you bring this letter to the attention of the relevant department as soon as possible.

 

I write in compliance with the Practice Direction on Pre-Action Conduct.

 

Unlawful processing of information

You will be aware that I have entered into a payment arrangement and currently use a Debt Management Company

to make regular monthly payments on my account.

 

I have not at any time received information to indicate that this arrangement is not acceptable,

in fact, to date this arrangement is showing as “acceptable” on my DMP’s system.

 

Despite the above, on obtaining a recent credit report I notice that Lloyds TSB are continually filing

“default markers” with Call Credit each month and have done so repeatedly since December 2010.

 

My complaints dated 19 April 2013 and 29 April 2013 and 25 May 2013 have not been responded to.

 

In addition,

I advised the bank on 20 July 2008 that I required it to cease processing my information,

the bank failed to respond to my request despite making reference to it in a letter dated 31 July 2008,

you are required to respond to my request and didn’t.

 

I made this request because I believed that the bank were likely to process my information in a way

which would cause me damage and distress, no response was provided.

 

I believe that this is an unfair relationship between us in accordance with the Consumer Credit Act 2006

as you have continued to exercise your right without investigating my complaints.

 

I therefore believe that the bank are in direct breach of the Data Protection Act 1998.

 

Information Commissioners’ Technical Guidance

You will be aware that in August 2007 the Information Commissioner released Technical Guidance for Organisations

on Filing Defaults with Credit Reference Agencies “ICO Guidance” a link to this guidance can be found at http://goo.gl/91s0o.

 

This guidance clearly sets out the ICO expectations of Organisations when filing default notices

which is helpful in our current dispute.

 

My account

1. ICO Guidance states (17) “Lenders should not file a default where there is a genuine and agreed variation in the payment schedule” I have had a payment arrangement in place since April 2009 – at no time has the bank advised me that this arrangement is unacceptable, as such I regard this as a genuine and agreed variation in the payment schedule.

 

2. ICO Guidance states (17) “In all cases it is important that lenders and debt advisers explain to borrowers how their credit reference files will reflect the changed situation. This is necessary to avoid misunderstandings and disputes about what a customer has agreed to and what will be reported to a credit reference agency as a result of variations in payment schedules”. At no time has Lloyds TSB or its external agents advised me that my arrangement will impact on my Credit File as though no payment was being made.

 

3. ICO Guidance states (19) “Where a rescheduling of this type breaks down, a default may be filed when the total value of the arrears is equivalent to three monthly payments under the original terms. However, this should not result in the customer being placed in a worse position than someone who has made no effort to pay whatsoever.” Despite the fact that our arrangement has not broken down, Lloyds TSB have put me in a worse position than someone who has made no effort to pay whatsoever.

 

4. ICO Guidance (22) clarifies the position relating to customers who enter into Debt Management Plans. I note that despite my effort to pay there is no reflection of this on my Credit Report.

Resolution sought

I believe that the action of Lloyds TSB and its external agents has seriously damaged my financial reputation, I therefore require the following;

1. Full removal of information supplied to Credit Reference Agencies in relation to this account.

2. £1000 in compensation due to the damage caused to my financial reputation.

 

I must make you aware that the settlement figure above is an offer which will be withdrawn on taking court action, I believe that my losses and compensation level for damages is substantially higher than the offer given above, I will also seek to recover reasonable costs against the bank.

 

In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

 

I require that you acknowledge receipt of this letter within 14 days and where possible provide a full response within 28 days.

 

Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.

[dx100uk]

there is a big diff between marker and a default notice

 

they are entitled to mark your file

if you are not paying the required monthly amount

from the CC statement

or

a loan agreement

 

whet is the debt all about please

 

dx

[orfoster]

Hello DX,

 

The debt is entirely made up of bank charges from back in 2009. There is only about £350 left now but they owe £600 in charges, they've already repaid about £200.

[orfoster]

there is a big diff between marker and a default notice

 

they are entitled to mark your file

if you are not paying the required monthly amount

from the CC statement

or

a loan agreement

 

whet is the debt all about please

 

dx

 

Also, sorry this was a current account. In a 6 month period they added £650 worth of charges which caused a snowball effect.

 

I advised them I was in financial difficulty before they applied the charges (have got the evidence through a SAR)

and also said to them that I withdraw my consent for them to process my data because I felt unfairly treated as a customer (would BCOBS be useful at all?)

 

After entering a payment arrangement my file shows exactly the same as it did before hand.

[dx100uk]

yes do a bcobs complaint

 

dx

[orfoster]

Yeah I did one of those, and I've possibly got detracted from the issue and gone a bit wild in my LBA and actually haven't mentioned it in my LBA....eek!

 

I'll research it now and adjust, are there any particular areas of BCOB I should use?

 

Cheers

[dx100uk]

were benefits involved at all?

 

dx

[orfoster]

The charges are before 1 Nov 2009 so by the looks of it I can't claim, they were applied between 1 jan 2008 and 1 August 2009 which is the point they refunded up to.

 

So can I not make a BCOBS complaint?

[dx100uk]

ah

 

poss not, unless they have continued to treat you unfairly since

and these are the 'cause of action' .

 

dx

[orfoster]

Well they've only just refunded the charges in the last few months going back to August 2009 despite many complaints over the years about them.

 

My claim of unfairness goes back to April 2007 in fact when their own systems have me down as suffering hardship and I have copies of this, they continued to take excessive charges and did absolutely nothing to help me until August 2009 when PayPlan got involved to help, except even then they were still applying interest. They've only in April of this year refunded what was owed so can I claim that they treated me unfairly and tag on the previous? Bit risky?

[orfoster]

Sorry, and no benefits involved at all.

[dx100uk]

did they just refund the charges

or the interest they caused you too?

 

dx