Lloyds are being heavy handed have they acted unlawfully advice please.

[jwus]

Hi everyone,

 

This is my first post i have been reading the site on and off for a few months now and very impressed with the information available. I have been trying to deal with my debt issues alone by writing to the banks with requests to make reduced payments this has got me nowhere so i decided to join the ranks of those who bite back!

 

I won't go into too much personal detail but i suffered the bereavement of parent to cancer last year . I was not at all focused on my business and subsequently got into difficulties closing the business at the end of 2008. All of my debt is personal rather than business debt as i was a sole trader. I tried to sell my home to solve debt crisis but despite being on the market for the majority of last year and subsequent price reductions i was unable to achieve a sale. At current value a sale with the secured debt against it would result in negative equity.

 

In my naivety or stupidity (you decide ;-)) i thought being honest and up front with my creditors would be the best way forward during the short-term difficulties and for the main part i have had some positive responses and have been able to broker reduced payments although they are still adding interest. But Lloyds have been DISGRACEFUL. I had banked with Lloyds for over 10 years had been a great customer forever taking out loans and paying them back early (including unqueried PPI) and due to easy going nature forever lining their pockets with charges made to my account and i never once considered applying for these back but since i got into difficulties they have acted horrendously i would now like the opportunity to do so.

 

I have two bank accounts, one loan and and a credit card with LLoyds.

 

I wrote to them back in October 2008 explaining that i would be unable to meet my credit card and loan payments and would they be kind enough to accept reduced payments whilst i was on Job Seekers Allowance and looking to return to work i explained that i only required reduced payments for a few months to see me through difficult period of collapse of buiness death of mother and until back in F/T employment. They wrote back to me saying the accounts were up to date and therefore they couldn't deal with me. Just a couple of days later they then went on to take my loan payment and credit card payments out of my current account forcing me over my overdraft limit and they have been charging me £20 unauthorised borrowing a day ever since! nearly £1,000 to date and rising!!!!!.

 

I haven't been answering any of their phonecalls but i have written to them recorded delivery several times offering reduced payments.

 

They ignored these and kept writing to me as though i hadn't made any contact at all increasing interest rates threats and levying charges.

 

I wrote back to them at the beginning of January 2008 citing sections 14.1 and 14.2 of the banking code that they deal with me sympathetically and saying i will put in a complaint with the Financial Services Ombudsmen unless they deal with the content of my letters and acknowledge my attempts to contact them in an attempt to find a soluton.

 

In my letters to Lloyds credit card (based on accurate budget i had enclosed to them) I offered them under £10 a month until circumstances improved.They then wrote back to me paying lip service to sections 14.1 and 14.2 of the banking code that they were doing all they could to help me in line with my letter and would accept my offer of £924 pcm! They then drew up a payment schedule of when it would be required by.

 

They then wrote to me since saying i failed to meet the detailed plan of £924pcm they had kindly put in place for me?!? They have no choice but to default me and i firstly received a default and then a notice of enforcement.

 

Out of all of my creditors they have been the trickiest bast***s by far. They seem to have set me up to streamline me for default and notice of enforcement despite my efforts a brokering a solution with them. I have a very strong feeling that they are looking for an opportunity to fast track this debt against my house which is why they wouldn't negotiate with my reasonable and well intentioned offers of reduced payment in the short-term and have gone directly to default.

 

This is where i would truly appreciate some advice. In response to the hideous way they've dealt with me i now want to SAR and CCA them.

 

What i've paid them in charges over the years probably outweighs the amounts they are chasing me for so i sent off the SAR and CCA's but I have the following and very real concerns that i need answered.

 

1. My unauthorised overdraft debt is rising by £20 a day I have been defaulted and received a notice of enforcement. Am i better to let this go to court with the view of gaining a CCJ where interest is stopped and have the judge approve a payment plan in line with my available income OR when the SAR comes through put in request for return of charges. My worry is (heard this through debt agency)that if it goes to court whilst i'm querying the charges the judge is unlikely to approve any reduced payment plan and the debt will remain being charged at £20 per day unauthorised fees for God knows how long.

 

So please advise whether i can do both at the same time or do i have to follow one course of action?

 

2. As i notified Lloyds of my financial problems whilst within my overdraft limit and they continued to take money out of current account after i had notified them forcing me into the unauthorised fee bracket could this be deemed an 'abusive action' by Lloyds as cited in the FAQ section of this site and if so what action can i take?

 

3. In my earlier letters to Lloyds (recorded delivery) offering reduced payment on the debt, i have acknowledged the debt and i am therefore fearful that my acknowledgement would this overide any lack of a valid CCA on their behalf. Is this the case?

 

4. Also i have had my credit card with them for over 10 years was originally a visa last year they split my original 15k card limit in two with 7.5k on the original visa and they also gave me a mastercard with 7.5k on as well. I only had the agreement for one card with them and now they are applying interest and charges double bubble on the two separate cards are they allowed to do this?

 

I am absolutely appalled at what they have done. Since i approached them asking for leniancy they have showed no mercy and used it as an opportunity to exacerbate my difficulties by increasing interest and charges as much as they could. As such would really like to take some strong action against them and really appreciate and advice you may have as to whether the CCA route is still open to me.

 

Thanks.

[remus]

Hi jwus, welcome to CAG.

 

Hopefully I can bump this up for you, then someone with more knowledge can answer your questions.

 

My understanding is if Lloyds take you to court, the charges stop as they are claiming an amount of x.

 

I can't comment on what the debt agency have told you, but I can't see the reasoning behind it.

 

Good luck