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    • It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are. For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that. You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial. You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part. Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything
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Lloyds should have acted sooner!!!


Jezzaa
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Lloyds agreed to refund some unauth fees. FOS involved.

Surprize surprize go to take money refunded out of account Branch cant help with collections! Rang from branch to collections totally confusing.

They are using refund against debt on overdraft. Makes it still overdrawn so no I cant have it.

Read somewhere some time ago they shouldn't do this. Can anyone tell me where to find it.?

Thanks Jezzaa

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Lloyds agreed to refund some unauth fees. FOS involved.

Surprize surprize go to take money refunded out of account Branch cant help with collections! Rang from branch to collections totally confusing.

They are using refund against debt on overdraft. Makes it still overdrawn so no I cant have it.

Read somewhere some time ago they shouldn't do this. Can anyone tell me where to find it.?

Thanks Jezzaa

 

Did you get something in writing from the FOS and what was the wording?

 

If the claim was against Financial Hardship then the bank can offset it against any debt owing but it is unusual that they would refund and leave the account over the overdraft limit which has me intrigued by what was written to you.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Phone call from FOS this morning Saying Bank will refund because they should have acted sooner when I advised of health problems in May 2008. which are life long and have contributed to financal hardship.Accordingly refund was to put me back to a position I was in May 08. Thats a joke it is only tiny conpared to overall charges! FOS Sending letter out this evening to me so I can only go by what was said on phone.

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Phone call from FOS this morning Saying Bank will refund because they should have acted sooner when I advised of health problems in May 2008. which are life long and have contributed to financal hardship.Accordingly refund was to put me back to a position I was in May 08. Thats a joke it is only tiny conpared to overall charges! FOS Sending letter out this evening to me so I can only go by what was said on phone.

Have the bank already refunded the charges today or have they not?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Yes they have refunded today.

But cant draw out because it will take me over my overdraft.

Not used account since Oct when I cancelled everything DD wise

Been paying £50 per month to get rid of OD but theyve charged me £29 per month interest. Its supposed to be on a plan?

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Yes they have refunded today.

But cant draw out because it will take me over my overdraft.

Not used account since Oct when I cancelled everything DD wise

Been paying £50 per month to get rid of OD but theyve charged me £29 per month interest. Its supposed to be on a plan?

 

Does it take you under your overdraft facility?

 

Are you aware that the banks right of offset of a refund overrides any right of appropriation?

Does it also mean that the amount now owing on the OD is reduced?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Under OD by £30 odd

And yes it does mean the overdraft is reduced by the amount refunded

but the refund would be better used to pay mortgage not the bank.

Is there arrears on mortgage(2 months or more)?

Are there any repayment plans in place for arrears on mortgage?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Yes been trying over last few months to reduce arrears whilst still making mortgage original payment.

Do I have a right of apportion?

The repayment plan on the mortgage means no to financial hardship as such. And unfortunately, the banks' right of offset over rides the right of appropriation on a refund of charges. Might be worth asking the FOS about suspension of interest charges of a few months to help repay the overdraft ;)

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Thanks for you help yourbank.

Asking because refunded PPI from halifax last year and they tried to offset refund to credit card balance. Complained and they sent me a cheque in the post instead. Halifax is done and dusted.Lots of other rubbish has happened since then so cant remember where I got info from but it worked.

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PPI is different to bank charges because PPI misselling means you are paying it so they have to refund it to you if you ask however, having spoken to an ombudsman a few weeks ago, their expectation is that is is repaid to the account where it incurred the charges. I do kinda understand that view(even if I don't like the way in which banks are effectively being made priority debtors).

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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site team have been alerted to your post for you

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Hi Jezza

 

How can we help?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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2 threads merged.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi uk aviator

Thanks for your time. Pm sent to enron last night advised to contact trading standards.I will sent you PM if thats ok ? Dont want to tread on anyones toes!

regards Jezzaa

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Just a quick note.

I got into this mess in 2007 because of ill health not that I'd spent money willy nilly. Informed Lloyds in May 08. still not resolved. Cant claim PPI.

Requested refund due to mis-sold. Refused !

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  • 2 weeks later...

Explained to FOS that so many mistakes by Lloyds have increased our problems. Hardship & Bank Charges etc.In principal FOS agree to some extent BUT FOS like the banks only appear to deal with different things in diff departments. Not as a Whole.

As they suggested I will send each complaint individually.!!

I sent SAR & CCA requests in Sept & Oct 08

received Demands & enforcement notices & **** letters Dec & Jan 08

Whilst acc was in dispute. Didn't rec SAR & CCA until Mid Jan 09

Any suggestions as to where I can go from here ?

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Sorry yourbank confused myself !

Even though LTSB have refunded a few charges after FOS involvement I dont know how to deal with the fact that they issued defaults etc on acc whilst not having complied with my CCA & SAR rrequests in the time allowed. Despite several reminders.

Have you any advise please ?

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Unfortunately, CCA related queries is not something that my knowledge extends to. Bank charges refunds stuff is a walk in the park. You might want to use the Red Triangle underneath your name to the right of the scales to attract site team attention with this one.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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