I have 2 current accounts with overdrafts, a credit card and a loan with Lloyds TSB.

[Tartan Barty]

Anyone?

[cashins]

Thanks PT & cashins, much appreciated. I am still paying this off but that gives me plenty of ammo for next time they decide to try and bully me into paying more

 

Your call of course, but if they took you to court they would lose.

 

Unfortunately, the other one looks enforceable to me.

 

David

[Tartan Barty]

Thanks Cashins

 

The second one is all they have. The DSAR said that they didn't have the T&C's from when it was issued so they just sent the latest version

 

Does that make any difference? They are very close to defaulting me and selling this off and they have been complete a*seholes so any ammo I can get would be good.

[cashins]

It appears to have the prescribed terms on what they have sent, think they could go with that.

 

David

[Tartan Barty]

Right, I need some advice.....

 

I have 2 current accounts with overdrafts, a credit card and a loan with Lloyds TSB.

 

I have been paying what I can back each month, originally with CCCS, and now freestyle! Lloyds have now decided to charge interest on the current accounts so of the £60 I pay a months £26 goes in interest. I have asked them to stop but they say they can't anymore. The loan is getting £20 a months and they charge me £50 interest so that is going up. The credit card has no interest applied.

 

Oh and I have a parachute account.

 

SO after they refused to stop interest I SAR'd them. On the 3rd attempt they sent everything except a complete set of statements for the CC.

 

I have been through the statements and the following charges are there:

Current Account 1 - £1470 plus £135 interest current balance around £1500

Current Account 2 - £600 charges plus £5 interest current balance around £20

Credit Card - £190 charges current balance £2600 (still waiting for the statements from when the account was opened)

 

So total debt is around £4100 and total charge not including 8% interest is £2400. If I add the 8% on then it is more than the debt balance.

 

OK the loan was £10k with £13k due back over 60 months. To date I have paid £9300 towards it yet they say the balance is £10k so total is nearly £20k and as I said they interest is more than I am paying so its going up not down.

 

Through the SAR I have found the loan and cc agreement to be defective.

 

So what do I do? Go after the charges and clear the current accounts and some of the credit card (if I got the 8% interest it would clear all 3!). Or do I go down the unenforcable route and just keep paying the current accounts and claim just those charges back?

 

Any help appreciated

[Tartan Barty]

I have got all my current account statements right from day one through a SAR to Lloyds.

 

I have put the charges in both the simple and advanced spread sheet but am getting confused with the interest part.

 

An example, current account one

Advanced spread sheet £1470 charges and £135 interest

Simple spreadsheet £1470 charges and £780 interest

 

Now I understand that the advanced interest is just the interest on the charges and that the simple one add 8% on to the charges from when they were applied but...

 

Which one do I use to send to Lloyds?

[**Tilly**]

Hiya

 

If you are sending your prelim or lba, you don't add the interest on until court stage,you just need to send your spready with your list of charges on.

 

 

 

 

Tilly

[supasnooper]

Start by reclaiming the charges on the bank accounts so they are aware you are onto them.

Once you've let them know this, you will be in a position to negotiate to get the balance cleared by asking for the unlawful charges to offset the balance.

 

With the loan and the credit card it will be a different matter. You would need to go to court to get the agreements deemed invalid (and you would have to pay, unless you are fee exempt)

 

You also state you are on a DMP so it's going to be a bit tricky for you to get LTSB to take you to court for you to avoid any court costs.

[Tartan Barty]

Much obliged, scales tipped

[Tartan Barty]

Thanks for that....not on a DMP now when I said freestyle I meant I am doing self-administration.

[Tartan Barty]

I am trying to claim back over £4k worth of charges from Lloyds. I have sent the initial letter and the LBA and have received the usual claptrap back.

 

I live in Scotland and having read the guide to reclaiming charges it would appear that it is written for people living in England. WHat is the process of raising a claim in Scotland? What form do I use?

[rory32]

I live in Scotland and having read the guide to reclaiming charges it would appear that it is written for people living in England. WHat is the process of raising a claim in Scotland?

It's in the Scotland Forum. However the procedure outlined in that forum is for small claims. Your claim, as it's above 3K, would be a summary cause claim which you should only undertake if you fully understand the process and arguments you are making.

[Tartan Barty]

Hi Rory

 

Thanks for that. The charges are for 2 overdrafts and a CC so I could split them

[Tartan Barty]

So after have a read through the Scotland forum, it would appear the SC limit is £750 otherwise you need a solicitor or start the claim against Lloyds in England. I am getting that right?

[rory32]

So after have a read through the Scotland forum, it would appear the SC limit is £750

It's not been updated to reflect the changes in limits to small claims. The limit is now £3000 not £750.

 

The charges are for 2 overdrafts and a CC so I could split them

You certainly need to seperate the CC charges anyway as these are not subject to the test case so the bank wouldn't be able to apply for a sist on the claim.

[Tartan Barty]

The credit card claim is only a couple of hundred pounds. Is it ok to split claims by accounts? This would mean they were both sub 3K

[rory32]

Is it ok to split claims by accounts?

Yes it is but the bank could apply to combine your two overdraft claims, so you might want to submit one overdraft account and see how that claim gets on before submitting the second one.

[Tartan Barty]

....just getting round to starting my claim after sending the first letter and the LBA.

 

Is it form 1b that I use for the courts???

 

Also the details of the claim, do they come from the wiki or are there one particular to Scotland?

 

Any help much appreciated.

[maroondevo52]

Hi,

 

Have a look at this link............

 

http://www.consumeractiongroup.co.uk/forum/scotland/94302-updated-scottish-procedure.html

 

Remember, small claims limit is now £3,000 and summary cause £5,000.

 

If you need any help, just shout.

 

Regards.

 

Scott.

[Tartan Barty]

Will have a read...much obliged

[Tartan Barty]

I am sure I saw a Lloyds thread on here with the head man's email address???

 

They are doing my nut in and I wanted to send an email, anyone any ideas where/what it is??

[Tartan Barty]

Right

 

2 accounts with lloyds; loan and overdraft

 

Been on reduced payments since 2004.

 

Interest building on loan higher than repayments so has gone up over £2k in the last 4 years. Overdraft down by £1000 punds and no interest added.

 

I increased my offer to pay Lloyds off quicker. This was accepted for 2 years. Now the arrangement came to an end in March this year.

 

They rang I said I would increase my offer by 2 pounds. They said that without I&E details they couldn't accept. Left it there for a while. Made a f&f on the loan for 50% (agreement is iffy but think a judge would let it go...PT has looked at it) they decline it because I want a settled not a partial settled.

 

Anyway they ring last night and so I think I would give them some carefully crafted I&E details (nothing I couldn't prove but just minipulated for my benefit). After working it all out I have £17 to offer Lloyds against the 2 accounts. I point out that at the moment I am paying nearly 5 times that amount.

 

I gave them the choice take my higher offer without I&E or loses over £60 a month by taking the I&E into account. She says they will take the higher figure but with charge interest on both accounts leaving only £16 actually paying off the debt. I say I will just pay the £17 then with no interest on either account......she agrees.

 

WTF! How backward is that? I am now over £60 better off a month and they are £60 worse off with it now taking 32 years to pay off the loan! What they don't know is that I will carry on paying the higher figure reducing the debt interest free for 12 months before they even notice!

 

Muppets

[cerberusalert]

Don't forget their concept of reality is somewhat different to ours.

[Tartan Barty]

It just doesn't make any business ense but I guess thats why the banks are up sh*t creek without a paddle

[Bazooka Boo]

You just can't teach that level of idiocy! Top marks though Tartan go to the top of the class, for ingenuity and tying them up in knots...