Enforcement Notice from Lloyds for Overdraft

[Massamum]

Have received an enforcement notice under s76(1) CCA 74 from Lloyds this morning regarding my overdraft. It’s a pretty hefty one anyway but interest charges have sent it over by several hundred pounds. Not sure what to do now, should I SAR Lloyds or should I try to claim back charges on hardship basis? There’s absolutely no way I can pay more than the £1 token payments that I’ve been paying for the last year.

 

Not sure if I’m in the right place with this but perhaps it could be moved to the right place?

 

 

 

If I go down the reclaiming charges route, what charges am I able to recoup? Can I get the interest charges back? They've been charging nearly £50 interest even though I've asked them time and again to halt the interest. They know I can't pay more than £1.

 

 

Any help would be appreciated. Many thanks folks.

[IdaInFife]

any overdraft interst charges cause byt the bank charges can be refunded.

 

here is the links if you need them:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Ida x

[Massamum]

Thanks for that Ida, I will have a good read through that.

[Massamum]

Can anyone tell me if this is the correct letter to send when reclaiming bank charges?

 

thanks.

[Massamum]

bump

[silverfox1961]

Yes that is the right letter as long as you know exactly how much they have taken from you in charges.

 

If you're not sure, you could send a SAR first

 

fox

[Massamum]

thanks fox. I don't know the exact amount, SAR'd them way back but haven't received anything on the current account to date. They've now passed to a DCA for collection/court threats etc, usual stuff.

 

As if I don't know the exact amount then this letter is no good?

[silverfox1961]

The letter is fine but as you don't know exactly how much they have stiffed you in charges, you won't be able to reclaim all they have charged, only what you know.

 

Send them another letter re: the SAR and tell them they haven't complied with your SAR and tell them what you believe is missing.

 

Once you get your statements, you will then be in a better position to work out what they have charged and don't forget to add interest (I think at the same rate they were charging you)

[Massamum]

ok, thanks for that. I've sent the SAR reminder off giving them seven days to respond.

 

Not sure what to do about sending the letter now, would it be best to send it off omitting the part about how much I'm reclaiming or should I wait til I get the statements back and fill out the full amount? If I wait, is there a holding letter I can send the solicitors to keep them off my back in the meantime (especially as the account isn't in dispute)?

[Massamum]

bump

[Massamum]

quick question if anyone can help please.

 

think i may be clutching at straws but here goes - if SAR has been ignored by original creditor can this put the account into dispute in any way?

 

dca/solicitors are threatening legal action on behalf of bank and i was hoping to send them a mishmash of the CCA template letter to sols telling them to get stuffed

 

cheers in advance

Edited October 2, 2009 by Massamum

[MARTIN3030]

If a SAR has been ignored then its a breach of Data protection Act and should be reported to the ICO.

 

Account in dispute does not rely soley on non compliance of a SAR-if you are disputing the account balance then the DCA is obliged to hold off collection and either provide you with the info that you need or else refer back to the original creditor.

Can you give some more info

1.Who is the Original creditor

 

2.What does the debt/alleged debt refer to ?

 

3.Who is the DCA ?

[Massamum]

Thanks Martin. Lloyds is the OC. Apex is the DCA. Apex’s sols Geoffrey Parker Bourne have sent me a letter threatening court action within 7 days. The SAR was incomplete (huge amount missing). Thing is I’ve already written to Lloyds reminding them of outstanding SAR and giving them a further 7 days to comply or I will report them to IFO (I have all the paperwork ready to go this time).

 

The debt is an overdraft that I want to claim charges on but I need SAR to calculate figures. I haven’t written to Lloyds about reclaiming/disputing overdraft figures yet as I am suspicious they may alter the charges in SAR response (paranoid I know).

 

I was hoping that Lloyds’ non-compliance with SAR could put the account into dispute so the DCA can’t hassle me anymore. Its sounds like that is right but as I haven’t actually written to Lloyds disputing figures yet I suppose DCA can still hassle me/take legal action?

 

 

Not quite sure what to do now. Would it be best to alert Lloyds that I wish to reclaim charges but not give an amount?

 

Is there anything I can quote to the DCA to halt legal proceedings?

 

Sorry it’s a bit disjointed, I was in bed very late last night (too busy worrying about this).

 

Thanks once again.

[MARTIN3030]

Ok its a little clearer now.

Yes know what you mean-I was up late too.

Although you may not have specifically alerted dispute resolution with Lloyds-you can argue that the SAR is within itself being made because you are needing it to show the figures which you are disputing/wishing to claim.

 

Its very important that you have kept copies of anything and can show proof of posting and delivery.

 

Lloyds will no doubt be aware of the reasons for your SAR request,but it will do no harm to send a letter to their R/O FAO their legal department reminding them that since their failure to comply with your SAR request now in breach of the DPA,is frustrating your proposals to initiate your own actions,then any Court action they initiate will see you seeking disclosure by way of draft directions.

 

I will put something together for you to send to both Apex and GPB.

Meantime you can get a letter off to Lloyds ASAP.

Will try to get back to you later today.

[MARTIN3030]

Ok pm sent.

[Massamum]

That is a great relief, thank you so much. I will get a letter off to Lloyds today and await your responses for Apex and GPB.

 

Luckily I keep copies of absolutely everything, I throw nothing away. Lloyds acknowledged the SAR asking for my sig by return, and then wrote thanking me for it! I also have an acknowledgement of the letter I sent warning them of the further 7 days so they have no excuse.

 

Thanks very much once again.

[MARTIN3030]

No rush for Apex-theirs will be easy to do-as its Sat tomorrow will do this over weekend.

Lloyds and Sol are main ones and now you are sorted cwith those.

Try not to worry-dont let them spoil your weekend......or your sleep:p

[Massamum]

Just about to pop out and post letters, I’ll certainly sleep well tonight after this. Thank you so much for all your help. Have a good rest yourself tonight too

[MARTIN3030]

Ok you should now have the other letter.

[Massamum]

Many thanks Martin, will send this off asap. Will update when receive responses.