Luton V Lloyds TSB getting exciting now!!!

[mack187]

Hello All

 

 

I am currently in a DMP with Payplan, I owe Lloyds TSB about £9000 as one of my creditors, they have accepted the offers of repayment from payplan and I have started making payments, however yesterday I received a letter from Lloyds saying "further to our conversation we can now offer you refinance in the form of a loan for £9,000!!!!!!!!!" now correct me if Im wrong that is taking out extra credit which is illegal under a DMP and is what got me into trouble in the first place, this seems completely unethical to me and not the way a DMP should work, The worse thing is I never even had a conversation with them about this!!

 

Should I forward this to Payplan and let them deal with it?? Also should I complain to the Ombudsman??

 

Any advice will be greatly received

[mack187]

Has this happened to anybody else??

[Axleuk]

The first thing you need to establish is "WHO" did had the conversation with Lloydstsb ? Perhaps you should send them a DPA request for all the conversations they have on file with yourself, this should at least spread some light on the matter.

 

Personally, if you had not had the conversation and they claimed you did, threaten court action, i am sure there is something to gain from this, although at present, i dont know.

[reload]

As Axleuk says, your first step should be to find out who exactly had the conversation about the loan amount. It would be worth speaking to someone at Payplan about the new offer of a refinance loan, and when you find out what the situation is re: conversations etc, almost certainly it'd be worth taking it to the Financial Ombudsman, and possibly the FSA too - I'm 99% certain this would be classed as "Irresponsible lending"!

[HONESTKNOB]

I've just had virtually the same letter....

I'm with payplan too and a monthly payment has already been agreed.

Today, completely out of the blue, I get a letter saying that a refinance loan has been agreed for me but as my account with Lloyds is now inactive they require me to send details of my current account so they can send the funds for the loan.

As soon as I send them my account details they will send the finance agreement for me to sign.

I have never, ever requested this loan and can't believe they have tried this blatant approach to bleed more interest out of me.

I will be forwarding the letter to Payplan tomorrow, I know they probably wont take any action but at least they will know that I haven't been applying for more credit without telling them!

[reload]

Worth keeping a copy Honestknob - the FSA may well be interested to hear about both your cases. I'll see if I can drag a mod in here, as it certainly sounds like a case of irresponsible lending to me...

[Spiceskull]

I agree with the other posters:

• establish the facts
  
• keep copies of all letters
  
• request ALL notes via a Data Protection Act (full disclosure) request
  
• send a letter of complaint to the FSA
  
• send a copy of that letter to the bank

Go get the wunch of bankers...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[mack187]

Hi all

 

I am at the moneyclaim stage now and am getting excited and a little scared.

 

The preliminary letter was sent followed by the LBA letter- Both were rebuffed with their usual arrogance.

 

I am now on the money claim form and would like a little advice, I have got to the section "particulars of claim", now I know what it is technically but am a little new to this and was wondering if anybody had posted a rough template to help me along the way, any help is greatly appreciated and hopefully when I get my money back I can make a donation to keep this fantastic website going

[mack187]

Just bumping this post so it doesnt dissapear!

[barracad]

Threads merged - please stick to one thread

 

There is a guide to completing the Particulars of Claim in the templates library.

[mack187]

Hi All

 

Just completed my money claim form, this is a bit embarassing but does anybody know if the courts can help with me paying the initial cost, I am in debt management and just about to start a new job so money is really tight, I cant afford to pay the £120 costs at the moment but am claiming back £1,600.

 

Is their any help out there for someone in my position?

 

Thanks in Advance

[barracad]

Court Fees - do you have to pay them?

 

 

 

You may be exempt from paying a court fee which means that you do not have to pay it, by law.

You will be exempt from paying a fee if:

• You or your partner receive the benefit Income Support. Partner means someone to whom you are married, or in a civil partnership with; or someone who you live with as if you are married to them or in a civil partnership.
  
• You or your partner receive Pension Credit guarantee credit.
  
• You receive the benefit Income-based Job Seeker's Allowance.
  Either:
  
• Your gross annual income (your income before income tax and other money is taken away) is less than £15460 and you receive Working Tax Credit with a 'disability element' or 'severe disability element';
  or
  
• Your gross annual income is less than £15460 and you and your partner receive Working Tax Credit and Child Tax Credit between you.
  

HM Revenue & Customs send you an award notice that shows your annual income. This is your gross annual income. If it is more than £15,460, the court may suggest that you apply for remission. If you receive Working Tax Credit, the award notice will show if you receive a 'disability element' or 'severe disability element'

 

• you are involved in a family case and receive 'Legal Help'. 'Legal Help' means the legal advice and assistance given under the Community Legal Service scheme. If you are not sure if the case is a family case, please ask a customer service officer at the court.

Note: If you want to apply for the refund of a fee because you received Working Families Tax Credit or Disabled Person's Tax Credit when you paid a court fee, please contact a customer service officer at the court.

If you would like to apply for exemption please read this guidance and then fill in the Application Form EX160 which you can also obtain from a county court office.

If you are exempt, you will find that you answer 'Yes' to one of questions 2f, 2g, or 2h.

When the court has dealt with your application form it may have decided that:

• you are exempt from paying the court fee so that you do not have to pay anything, or
  
• that you are not exempt from paying the court fee. The court may ask you to pay the whole fee, or suggest that you apply for remission. But if your circumstances change, you may apply for exemption again.

[mack187]

Evening all,

 

Thanks for the information about court fee's

 

This is my particulars of claim, could someone have a quick skim over it and see if its good enough, I want to get this exactly right, Many thanks

 

"I have a contract with Lloyds TSB dated

around 1996 and which is conducted on

their standard terms and conditions.I am

claiming the return of money taken by the

defendant in the way of charges over the

last 6 years.I believe bank's charges are

punitive in nature; are not a genuine pre-

estimate of cost incurred by the Defendant;

exceed any alleged actual loss to the

Defendant in respect of any breaches of

contract on the part of the Claimant;and

are not intended to represent or related to

any alleged actual loss,but instead unduly

enrich the Defendant which exercises the

contractual term in respect of such charges

with a view to profit. The contractual

provision that permits the Defendant to

levy such charges is unenforceable by

virtue of the Unfair Contract Terms in

Consumer Contracts Regulations (1999), the

Unfair Contract Terms Act 1977 and the

common law. I have repeatedly asked the

bank to justify their charges but they have

declined."

 

Best of Luck to all fighting the good fight

[reload]

Are you not going for the s69 8% interest applicable when filing a court claim?

[mack187]

Damm, Forgot that, I need to make extra room for that then, 1080 characters really isnt enough to get your point accross, but I guess Money claim are receiving so many of these at the moment that they will understand either way, Still need to word it right though