Headwinduk Vs Lloyds

[headwinduk]

Hello,

 

This is my first post here although I've used this site for most of my advice so far.

 

Over the last six years I've had almost £1600 in bank charges mostly in the first 2 or 3 years. I have written to Lloyds saying I will take them to court and had the usual letter back saying that the charges are not umlawful. So about two months ago I wrote another letter saying I will take them to court and sent up to date copies of all the statements with a new breakdown of charges. They were charges for unauthorised overdraft use, and returned D/D and cheques.

 

I havn't had the cash for court fees until now and I need to know if I can just act on my previous letter which stated that I would take them to court if they didn't refund within 14 days.

 

Also some of the charges I had itemised are now beyond 6 years in the past. So do I need to write a new letter intending court action with an up to date breakdown of charges within the last six years or can I act on my old letter and the sum that was owed at that time? Does my initial complaint stand as the amount I can claim or does it change as certain charges go beyond six years?

 

Also I currently have a loan with Lloyds for about £1500 which they called a refinancing loan on an unauthorised overdraft. If my county court claim is put on hold pending the test case could I argue that my loan should be put on hold? or perhaps this would help me get into court.

Should I state this when making my court application?

Or even stop using the account all together and stop paying the loan?

 

Any advice would be well appreciated.

Thanks

Edwin

[elsinore]

Hi, Edwin.

 

Just continue with your claim according to your own timetable. You won’t have to amend your breakdown of charges because the time counts from the date of your first letter to LTSB.

 

It is frequently argued that it counts from the date that you became aware of the unlawful bank charges issue, which could be long before your initial letter. That might enable you to add a few more charges!

 

Either the court will make an order to stay your claim, or LTSB will apply for a stay, either of which you are entitled to object to. Whether you will be successful will depend on the Judge and/or LTSB’s actions, but don’t be too optimistic!

 

Are the loan repayments up to date?

If not, have you been defaulted?

 

Els

[headwinduk]

Thanks Els

so I can just add to my breakdown of charges all charges within six years of my first letter and use that in my court application- without sending a new breakdown to the bank first?

 

I havn't missed any payments on my loan and generaly my account is kept in good order nowadays- used unauthorised overdraft twice this year and only by pence.

 

I've read in some threads about telling the bank that my account is in dipute. Is this an option with my loan whilst I wait for this to unfold? I intend to start banking elsewhere soon anyway.

[elsinore]

It's better to send a copy of your revised schedule to the bank. They probably won't read it, but if they complain at a later staqe, you can demonstrate that you kept them informed. Send everything 'signed for' so that you can prove you informed them.

 

Personally, I wouldn't mention the loan at all. It isn't causing any problems for you, or the bank, so why draw attention to it? Even if you change banks, you can continue to pay the loan repayments (or pay it off).

 

It's only your current account that is in dispute, not the loan account, so to stop payments may well provoke the bank into defaulting you and calling in the balance.

 

Els

[headwinduk]

Thats really helpful.

Thanks Els