Lloyds TSB get worse..

[DerekW]

Hi All

 

Started this thread to keep you all up to date on progress with Lloyds TSB - this has got to be the most useful site on the internet right now - I will be donating when I win!

 

Sent off the preliminary letter and schedule yesterday for £1645 - then this arrived in the post this morning (crossed in the post, too quick to be a response to mine):

 

We need to let you know that we have now removed your overdraft facility.

 

We did write to you about this. As you have not been able to come to an arrangement with us, we have now removed your overdraft limit and started charging you at a higher rate of interest of currently 2.20% a month. This works out as an equivalent annual rate, or EAR, of 29.85%.

 

Please let us reassure you that our intention is never to chase our customers. If we ask a customer to get in touch with us so we can help them, and they do not, we have to assume they do not want to sort out their account. This is when we have to take some action to try and ensure your account runs smoothly. So please do get in touch with me or one of my team.

 

Unbelievable! I rang them last week telling them that I could not pay money into the account because their £140 charges last month had pushed the account over the overdraft limit to the extent that I could not pay in the money I have as it will be lost to their charges - and they know I have no income. I got the usual terms and conditions quoted at me.

 

I'm tempted to respond to this with a "the account will not require an overdraft limit once you have refunded the charges" letter and maybe "I will include this extra interest in my court claim".

 

Or should I just ignore it?

 

Derek

[DerekW]

Hi again, could someone please run an eye over this, I have had 2 letters in the past 2 days saying my overdraft facility has been removed and that they are charging 29% apr, and then another saying "please contact us we want to help" LMAO!

 

I really want to respond so I'm appearing not to ignore them, but don't want to do anything that might weaken my position as I sent the prelim and schedule 2 days ago.

--

I acknowledge receipt of your letters of the 8th of August informing me that you have removed my overdraft facility and that you will now be charging interest of 29.85% EAR, and on the 9th of August informing me that my account “is overdrawn without our agreement”.

 

The sole reason my account was over the agreed overdraft limit in the first place is because of the unfair and unlawful penalty fees that you have levied on my account, which I have formerly requested are refunded in full in my letter of the 8th of August.

 

As for your comments that I have not contacted you, perhaps if you check your records you will find that I telephoned your “customer services” last week. I explained that I could not possibly afford to pay the £120 you have taken in penalty fees over the last six weeks, and that you had made it impossible for me to pay in a cheque that I have which I needed to do to pay essential bills, therefore rendering the account unusable. I was told that nothing could be done about the charges and was quoted your “terms and conditions”.

 

Your attitude regarding these penalty fees has been appalling since the account was opened, for much of which time I was unemployed. You have left me with no alternative but to pursue this matter through the courts if the claim in my letter of the 8th August is not settled in full. The interest you are now charging on my “overdraft” will of course be added to my total claim.

 

Thanks I presume I can ddd the charges that they are now applying - everything I've read on here seems to indicate I can...

 

And btw, how do you add the signatures to these posts like everyone seems to have? I can't see that anywhere!

 

DerekW

 

 

[DerekW]

sorry, charges were £140, not £120 as I put in the letter (corrected now)...

[Tharg]

At the top, just over 'Post Reply', click 'User CP'.

[DerekW]

Thanks Tharg, think I've done it right!

[Bookworm]

I wouldn't bother with replying, personally, and just keep going with the claim. When you file your claim,make sure you alter your sums accordingly. They'll soon realise that 2 can play silly b*ggers.

[DerekW]

Thanks Bookworm, you are probably right, it's just hard to resist responding when they keep coming out with this c**p and I've still got 11 days till I can do the LBA. I'll let them stew!

[DerekW]

Recieved the standard "SOD OFF" today - took a week for them to reply which seems to be longer than other people on here - perhaps they're a bit busy!

 

Week to go before I can send the LBA - ho hum, twiddling thumbs....

[vckyjam]

Waiting is the hardest part- They sent me the "You must be joking" letter about 3 days after i sent it. In the end i sent my LBA a bit early (but really should have waited)

 

Good luck with it all!

 

Vicky

[Bookworm]

I remember Barclays finally responded with a less than 50% offer "sorry you're unhappy" response to my prelim, the day after I had filed at court. Made me chuckle. They're really going to have to improve their response time, lol.

[DerekW]

Thanks Vicky, I'm going to wait the full 14 days to send the LBA, don't want to give them any excuses at all, even though they've never waited so much as 14 seconds to take my money when it suits them!!

[DerekW]

Bookworm, I wonder how long it will be before they have a completely automated system to deal with all of our letters anyway, if this site grows much more they won't be able to do it manually. I mean, it's costing them £35 to send each letter isn't it?!

[DerekW]

Sent the LBA on Monday, waiting for the "final response" crap before I can file the claim. Not going to wait the 14 days, if they say "final response" then I'll take it as that - I'm sure the court would as well!

 

Quick question, I might not be able to use a credit card for moneyclaim online, am I right in assuming I can go to the court, pick up the forms and pay in cash?

 

Cheers!

[Michael Browne]

Or you can download it from here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

Together with Particulars of claim

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-particulars-claim-hard-copy.html

[bfb]

check re mcol fees for exempt categories of plaintiff

[DerekW]

Many thanks for the links and info - I had missed that in all the excitement(!) this site is so huge it's difficult to find things now

 

I just received the "final response" letter today - bog standard as expected. I will download the forms and info now, unfortunately I'm no longer on benefits so I doubt the exemptions for the fee will apply, but I will check anyway...

 

Cheers!

[DerekW]

Hi again Guys

 

Sorry if I'm being thick here but what goes in the "Brief details of claim" box? I've done all the rest including the particulars of claim but I can't find a template for the brief details...

 

Also, does anyone know what the court fee is for a claim of about £1850 including the interest + court costs? I need to get the cash from somewhere before I can fill in the interest box as it will change if I can't file it for a week because of cash flow problems!

 

Thanks

[Michael Browne]

Brief details are just that eg road accident, recovery of debt, holiday claim etc. Anything along the lines of 'Refund of bank charges..' is fine.

 

Court fees: £1000.01 - £5000 = £120.

Claims above £1500 also have £100 fee at AQ stage.

[DerekW]

Thanks Michael, I was thinking it would be something like that - just wanted to make sure. Thanks also for the heads up on the fees, didn't realise there was another one for the AQ. But that does lead me to another question, do I add that to the "court fee" box? I presume not at this stage but again I don't want to cock it up!

 

Cheers!

[Michael Browne]

Just the intial court fee. AQ fee is only paid when you return the AQ and fee will automatically be added to your claim.

[121o121]

Hi Derek

 

Just to let you know I'm at the same stage as you. Sent my LBA off on Friday. I have already had their final response letter.

 

When I go overdrawn, on the day, I try (if I have the money) pay just enough in to bring my account back in balance, to save the charges. It satisifies me the next day when I get a letter telling them of the charges unless I bought the account back in credit on the day we wrote the letter. If it costs them £35 a letter, I like to think I'm screwing them!!!!!

 

I didn't realise that if you put money in the deposit point at Lloyds, after 1pm they don't have to process it that day. I always use it instead of queuing. The other day a member of staff said "your late", but I'll do it this time. (HOW RUDE)

 

When I phoned up the customer services they told me the last time they HAVE to check it is between 12.30pm and 1pm.

 

Did anyone else know that?

 

Karl

[mooshy]

Sorry to sound silly but if lloyds just cancelled my od facility i`d been in real deep water ?

Dont they have to give notice or can they just cancel it ?

[121o121]

I'd imagine they'd have to give it to you in writing with some notice....

[Mindzai]

I'd imagine they'd have to give it to you in writing with some notice....

 

Don't count on that though. Your best bet would be to write to them explaining that the account is in dispute, and should they decide on any retailiatory action as a result of this, you will be complaining to the relevant authorities. You could also include the FSA's position on retailiatory action:

 

Briefing Note BN 023/06

4 July 2006

 

FSA position on account closures and default charges

 

Generally, under FSA rules on dispute resolution and complaints, we would not expect any regulated firm to discriminate against a customer who makes a complaint.

 

However the relationship between a bank and its account holders, including the circumstances and manner in which accounts are closed, is governed by the Banking Code.

 

We have therefore raised this issue with the Banking Code Standards Board, and informed those firms involved that we have done so. As a result of those conversations, we understand that the Banking Code Standards Board intends to state its position on this issue presently. We encourage the industry to use this opportunity to demonstrate the value of the Code in ensuring fair and reasonable outcomes to such disputes.

 

Whether that will work or not, I don't know, but it's worth a try. Also be aware that even if they demand repayment, they cannot pass details of this onto the credit reference agencies without breaking s13.6 of the Banking Code due to the debt being in dispute (assuming the claim exceeds the overdraft that is). Might be worth reminding them of that too.

[DerekW]

Thanks for the info guys, I'm pretty sure I had no notice of them withdrawing the overdraft facility, but the letter I quoted came one day after I sent the Prelim so I doubt I will be able to describe it as retaliatory, but I had phoned them a couple of weeks earlier and told them that they had applied so many charges that my account was now unuseable and that I wouldn't be paying anything into it.

 

Yes, it has left me in a position where I cannot write cheques or use the account - I have to use cash for everything which is a real pain in the a***. Forget parachute accounts when you have a bad credit record!!

 

I'll just whack the interest they're charging me onto the court claim anyway, but I'm really considering going for damages as well - not least for the three days I spent without heating or food in the middle of last winter after coming out of a meeting with a "customer services advisor" (which the telephone helpline people arranged) - with nothing but an earful of terms and conditions...

 

These leeches really need to start paying for the problems they cause...