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    • Its okay - It happens. And this is why DCAs  user every trick in the book to try and make you crack.  Now its time to come back.    Im not sure how to proceed if Im honest if they have issued a Letter Of Claim.  Only as You could complain to Oakbrook and they still proceed with Legal Proceedings, but I dont know if that would help or hinder the legal proceedings if they began down that avenue.  I know a FOS complaint wouldnt stop Legal Action and probably run along side it.  But I guess a judge would view a disputed balance with the original creditor as cause for concern whether the DCA's claim is valid?    A bit of a muddle.     
    • That is superb. To answer your question - Dear Mr Dhaliwal Change the sentence - As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us ... To - As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us contrary to the Equality Act 2010. Iceland have always been useless, not only in your case but in others, but I think if they realise they are breaking the law it will encourage them to act. I also think the letter is overlong and you could lose the paragraph - I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge - as the main points are made elsewhere.  
    • Hands up in the fact that i have probably F***** *P!!
    • Car Finance Awards celebrates best of the industryView the full article
    • I want to add my 2 cents here...  The purchase of this debt, Perch Group dont absolve themselves of liabilities from the Original Creditor. They should be responsible for dealing with this complaint in response to an Irresponsible Lending dispute.  If the balance is disputed as such in that way - Then they should be referring to the Original Creditor where applicable.    Also if your complaint was written in a way where a template wasnt used or it was rewritten to a similar effect where it wasnt recognisable - Then you probably would have stood a better opportunity at it not getting rebuffed.  To be honest those - Perch and TM Legal are a waste of Oxygen and will say anything to get you to pay.    Ditto on the template. Where did you find it?  Please keep in mind we have to unravel what you have done till now and help build a formal response.     
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Please could someone help?


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Hi, I've had a look through lots of the other postings and couldn't find and answer to my question, so apologies if it is out there. I have a current account with Lloyds and am thinking of claiming back unfair charges from them. The only problem is that I'm really worried about them closing my account in retaliation. Has this happened to anyone? I am in the process of dealing with Capital One on this issue and couldn't give a toss about them but I'd struggle to get a bank account anywhere else because of my credit report. Help!

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It has been suggested by others to open another account just in case of forced closures.

I too have a bad credit report but was able to get a NATWEST STEP ACCOUNT

you don't get a full account but you do get a solo card.

So go for it and stuff the bank you deserve better

10/3 Preliminary letter sent to bank

17/3 Acknowledgment letter recieved from bank

24/3 LBA letter sent to bank

19/5 Claim filed with court

10/6 Defence filed by bank

13/6 Allocation form filed with court

18/10 Preliminary hearing set by court for 10/11

21/10 documents for claim filed with court

3/11 Money deposited in account

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Well said!

..

.

 

Opinions given herein are made informally by myself 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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Thanks! I was thinking of doing that and I went to Abbey National to pen one. They refused saying that I couldn't because I actually had a full current account somewhere else. Hmm... I'll try the Natwest one. Thank you again!

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I got some low-budget NatWest account with a solo card whilst retaining my full Barclays Current Account.

 

NatWest wouldn't let me have a proper debit card (though they gave me a cheque book) unless I had my wages paid in each month.

 

I think this wages thing is basically what banks are looking for when issuing full Current Accounts. So unless you've got two jobs, two full accounts might be difficult.

 

However, if you can get one of these lower end Solo type accouts now, it'll make switching banks and upgrading to a full account loads easier should you need to. Banks can usually upgrade/create additional accounts while you wait (if you take ID) as long as you've already got an account with them. Otherwise it takes days/weeks.

"Be reasonable, demand the impossible"

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  • 2 weeks later...

I've been trawling through this website and others trying to find out anything which will possibly help me. Basically I have a current account with Lloyds that started life as a graduate account with an O/D limit of £1500. Charges and god knows what else took me over this to £3000. Lloyds gave me a choice - pay the lot back (I had no money to even pay the bills at the time) or they could help me by transferring this amount into a specially arranged loan. I have been paying back on this loan for nearly 2 years now. Can I only claim back the initial charges or is there anything else I can do?

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I've been trawling through this website and others trying to find out anything which will possibly help me. Basically I have a current account with Lloyds that started life as a graduate account with an O/D limit of £1500. Charges and god knows what else took me over this to £3000. Lloyds gave me a choice - pay the lot back (I had no money to even pay the bills at the time) or they could help me by transferring this amount into a specially arranged loan. I have been paying back on this loan for nearly 2 years now. Can I only claim back the initial charges or is there anything else I can do?

 

Have you got the FACTS?

Do you have all your bank statements for both the current account and the loan account? Without these you cannot really begin to solve your problem. If you don't have them, then that is your starting point. Send the DPA letter to your bank with £10 and when you receive the statements and other info, follow the recommended path set out in FAQ's etc.

 

Elsinore

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...Can I only claim back the initial charges or is there anything else I can do?

 

Yes, quite easily if these were made within the last 6 years.

..

.

 

Opinions given herein are made informally by myself 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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  • 4 weeks later...

Hi all,

 

I know everyone's really busy themselves but if anyne could spare a minute to steer me in the right directon I'd be really grateful.

 

I've worked out how much Lloyds owe me and written the letter asking for payment within 14 days. That was sent on Thursday by recorded delivery and today I received the standard fob-off letter which many people seem to have had. It says that I knew what the terms were when I opned the account etc and that if they don't hear from me by 17th Aug, they will close the file etc.

 

Is there another letter I'm supposed to send before issuing the claim? I've looked all over the site and am a bit confused now!

 

Thanks

 

P.S. I have read through the step by step instructions before anyone says that, but I noticed on some other threads that others have sent another letter out.

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Thanks for that. Can I just double check!!! This is what I've sent so far:

 

Request for repayment of charges

Dear Sir/Madam,

 

ACCOUNT NUMBER:

I am writing to ask you to refund to me the charges which you have levied from my account since 8th March 2001.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly appalled that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

I calculate that you have taken £503 from me in such charges. I enclose a schedule of the charges which I am claiming with this letter

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully,

..

So now it's the letter before action one? Sorry to be a pain but I just want to make sure I'm doing everything right! Thanks again

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Thanks! I'll do the letter before action today. I was getting confused because like I said different people seem to be doing different things and the templates letters have been added to so that you've got a choice of which one you want to send. Argh!

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Hi,

You have done it correct so far but dont send LBA untill 14 days after you sent the prelim letter.

I see you have all your charges but its a good idea to have any notes of manual intervention which would come with the DPA request.

Proceedure is - Dpa request

Prelim letter

LBA letter

Court

Good luck

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I think I have sent the wrong letter to Lloyds. I worked out how much they owed me and sent a letter based on the one in the templates library which asked for it to be repaid (it's the one that refers to the regime of fees being unlawful at Common Law etc). Is that right? They've not replied in a standard way from what I can see from others on here with a "How to voice your concerns" leaflet etc.

 

Two questions -

 

Firstly do I need to send a similar letter asking for repayment again before filling in the court claim

 

Secondly, has anyone else been threatened with withdrawl of facilities like I have? The letter concludes with a threat to withdraw facilities like my debit card etc.

 

Sorry to go on and please be patient with me - my nerves are shot at through work at the moment

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Threads merged - please stick to one thread.

 

Stick to your timetable and do what you said you'd do - if they haven't given you a full refund by the time the 14 days are up take them to court.

Opinions given herein are made informally by myself 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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Hi all. Thanks for all your help so far! The letter I received back said-

 

"Thank you for taking the time to contact us about your account.

 

I understand that

* you feel the charges incurred are unlawful

* you are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items

* you have requested that all charges incurred should be refunded for the past 4 years (This is how long I've had the account)

 

It then goes on to say that banking with Lloyds is for most people completely free and that they don't charge for direct debits etc.

 

After a load of 'standard type' talk it says that as a business they are entitled to set charges to cover additional work etc

 

And then!!!! "You incurred charges because you did not ensure funds were available in your account to cover payments set by you. It is your responsibility to operate your account within any agreed limits and within the terms and conditions........If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities such as any debit cards, overdrafts and cheque books. Alternatively you may wish to consider other banking arrangements".

 

So... now for my questions!!!

 

I'm assuming I still just count down the 14 days since they received my preliminary approach for repayment and send the LBA? Basically ignoring this twaddle and their "How to voice your concerns leaflet"?

 

Has anyone else had this bit at the end of a letter about withdrawing facilities?

 

Thanks again everyone - you're all a massive help!

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I received exactly the same letter too. It's just their standard response so don't worry. Just proceed to the next stage and follow the steps laid out in FAQs.

I have not heard of Lloyds actually closing any accounts but it would be wise to open a parachute account just in case. I opened a basic account without credit facilities at Abbey without any problems even though my credit rating is terrible.

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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