Lloyds refusing to issue Final Response on Hardship claim

[Megmoto]

Hi there,

 

Any advice on the following would be most appreciated. I am currently pursuing a claim for bank charges from Lloyds under the Hardship consideration terms.

 

The initial response from Lloyds was a straight no because of the ongoing legal proceedings with the OFT. I then reiterated that I was seeking consideration on the basis of hardship (evidenced by a Debt Management Plan with the CCCS - under which Lloyds is one of the main creditors for a loan).

 

In my last letter to them I asked them to reconsider - this time without interest and with £700 of my £1900 claim being used to settle a Lloyds overdraft.

 

In their response they have not mentioned Hardship or my suggestion of settlement, they have however stated the following, having summarised the ongoing court case:

 

"...we will not be issuing any Financial Ombudsman Service rights or final response as you requested as your charges complaint is on hold pending the results of the test case."

 

Can they do this are are they obliged to issue a final response?

 

Many thanks.

[PGH7447]

That is their final response now report them to the FOS/FSA

[landy_alert]

Hi Megmoto:)

 

We are in a similar situation with LTSB. We have been trying to get them to accept that we are in Financial Hardship for several months and have received a variety of responses (over 20 in all:eek:) ranging from the standard 'wait till the outcome of the test case' and 'you may be experiencing financial difficulties' to 'we are happy with our response' that you are not in financial difficulties etc....

 

We filed our complaint with the FOS a couple of weeks ago, but have since heard from them that they don't consider that LTSB has issued us with an actual 'Final Response' (we were warned by 'yourbank' that this would happen and should have taken his advice).

 

However, even though the FOS has now intervened by writing to them on our behalf and we have also written once again asking specifically for a Final Response, they have sent us yet another standard 'we're still investigating' letter.

 

Unfortunately LTSB are arguably the worst bank for paying out under any circumstances and I can't see that the intervention of the FOS is going to make them change their ways.

 

The best person to advise on this is definitely yourbank who I'm sure will be able to point you in the right direction although I doubt that even he can move the mountain that is LTSB, but he'll give it his best shot!

 

Finally, Good Luck and don't be put off by LTSB's actions - that's exactly what they want to achieve.

 

Regards,

 

Landy x

[Megmoto]

Thanks PGH7447 and Landy_alert for your replies - much appreciated.

 

I will write again to Lloyds to see if they will respond on the specifics of my hardship claim which they seem to have dismissed with a standard "outstanding OFT court case"

 

Does anyone have a template that they have used successfully to get this?

 

I thought that a Final Response has to state that it is their final response or does it merely need to intimate that it is a final response?

 

Thanks

[yourbank]

Thanks PGH7447 and Landy_alert for your replies - much appreciated.

 

I will write again to Lloyds to see if they will respond on the specifics of my hardship claim which they seem to have dismissed with a standard "outstanding OFT court case"

 

Does anyone have a template that they have used successfully to get this?

 

I thought that a Final Response has to state that it is their final response or does it merely need to intimate that it is a final response?

 

Thanks

 

I missed your post yesterday, but write to them and tell them that on 19th March 2009 the FSA wrote to all 28 firms to which the FSA Waiver covers telling them that:

 

" Any correspondence issued to the customer that provides detail on the decision taken

by the firm must be compliant with Disp requirements, e.g. it should clearly explain the outcome of the investigation and the rationale for the decision, and provide details of how to escalate the complaint if the customer is not happy with how it has been resolved (this included cases rejected because the customer did not return an I&E form)."

 

Ok, I guess I need to go back one step on this one,

Did you send an income and expenditure form?

Did you include copies of notices of arrears?

[Megmoto]

Hi yourbank - thanks for the response - Lloyds have had a number of I&E's provided to them by CCCS but not in relation to this particular claim for charges. They have received I&E for Overdraft (Joint and Sole accounts), Lloyds Mastercard and a Lloyds personal loan - all of which have been accepted (I presume) as these creditors have all accepted my payment proposals.

 

The only notice of arrears that I have had is for the Lloyds Personal Loan - all over creditors are being paid under the DMP and I am able to cover my mortgage and utilities each month.

 

Does the lack of arrears notifications weaken my claim?

 

Many thanks.

[yourbank]

Hi yourbank - thanks for the response - Lloyds have had a number of I&E's provided to them by CCCS but not in relation to this particular claim for charges. They have received I&E for Overdraft (Joint and Sole accounts), Lloyds Mastercard and a Lloyds personal loan - all of which have been accepted (I presume) as these creditors have all accepted my payment proposals.

 

The only notice of arrears that I have had is for the Lloyds Personal Loan - all over creditors are being paid under the DMP and I am able to cover my mortgage and utilities each month.

 

Does the lack of arrears notifications weaken my claim?

 

Many thanks.

 

From the above, I would say that they will say no but that is merely on the Financial Hardship part of the claim due to the fact that there is no priority debt arrears. A loan is classed as non priority debt.

[Megmoto]

Thanks yourbank - I will go back to Lloyds regardless and see if I can get anywhere - no harm in trying. I'll post their response.