FOS side with LLoyds !!!!!

[smiler_38]

Hi,

 

Well after a lot of letters to lloyds on behalf of my stepson, and finally resorting to FOS complaint... the outcome is that ... well nowt can be done on bank charges as test case , etc etc etc etc ... On fact that LLoyds closed account and have now put it to credt agency (APEX CREDIT MANAGEMENT) , the FOS feel that the bank has done everything it could under the Banking Code... so my stepson is advised to phone APEX and work out a payment plan......!!! WITH WHAT?? fresh air??

 

Awwwwwwwwwwww:-x!!!!!!

 

So to sum up...

No help from LLoyds, FOS, Chancellor of Excheq, Shadow Chancellor (George Osbourne), the only person who said they would look into matter if we wanted was our local Lab MP.

 

 

Where do I go from here?

 

Basically £510 debit plus charges/fees totalling £1157 just over last year... at present the balance is £2367.60

 

He has filled the hardship forms out too. Basically , with only Job Seekers Allowance in and living and a couple of debt payments he has £1 left disposable.

 

Do I negotiate with this Apex lot? or should I turn it around and say...

If the fairness of charges are on hold til 'whenever' ... then that sum should be removed from the equation, and therefore we will only discuss the £510 .

 

It's no use going to court as the 'HOLD' will apparently apply.

 

any ideas??

[landy_alert]

Hi smiler_38:)

 

Sorry to hear about your stepson's problems with LTSB. My OH and I are in a similar situation (account closed, passed to Apex etc) and have recently asked the FOS to investigate - so a similar response will probably be heading our way very soon.

 

You mention Financial Hardship - were LTSB and the FOS made aware of this - does your stepson have priority debt arrears (mortgage/rent, Council Tax, utility bills)? If so did you send copies of the arrears notices? Does your stepson have arrangements in place to repay the priority debts (if he has them)?

 

Did your stepson receive a Final Response/closure letter from LTSB explaining why they disagreed with his claim?

 

Our situation is slightly different in that our charges amount to more than double what we owe and I'm afraid I have no intention of agreeing to pay them anything:-x

 

Yourbank is the expert on hardship claims etc and will, I'm sure be along to offer advice/assistance soon.

 

Regards,

 

Landy x

[JGJ]

smiler 38

 

Have you started the claim for the unfair charges?

 

Whilst everybody is awaiting the final decision in the "TEST CASE" you must if you have not already started, put your claim in asap. Claims are stayed in the courts but that does not mean that you can't start to claim. Apex are Lloyds.

 

"EXEMPLO DUCEMUS"

[yourbank]

smiler 38

 

Have you started the claim for the unfair charges?

 

Whilst everybody is awaiting the final decision in the "TEST CASE" you must if you have not already started, put your claim in asap. Claims are stayed in the courts but that does not mean that you can't start to claim. Apex are Lloyds.

 

"EXEMPLO DUCEMUS"

The fact that his claim is acknowledged by the bank means that his claim is in the system

[JGJ]

yourbank,

 

The fact that his claim is acknowledged by the bank what does that mean that the claim is in the system???

 

SO do we assume that because the claim is acknowledged by the BANK that it is in the/their system.

 

OR that it is in the COURT system??

 

You must explain to us lesser mortals, what exactly do "YOU" mean?

 

 

 

 

EXEMPLO DUCEMUS"

Edited August 14, 2009 by JGJ
SENIOR MOMENT WRONG THREAD

[Enron]

I would guess that the claim for the charges is logged within Lloyds TSB systems.

 

The best course of action would be to write to Lloyds TSB Bank Plc stating that this is a claim under circumstances of hardship, which would be allowed to proceed with the FOS and County Courts system.

 

Likewise it would be an idea also to write to the FOS explaining the circumstances and that you wish for the claim to proceed as their is an issue of hardship here. Though don't think the FOS would be able to strike out the interest that has acrude here on the charges.

 

As for Apex, if you outline to them that the account is in dispute because of the penalty charges that make up the majority of the alleged debt. They should not attempt to collect on this once you outline this. And if they do say that you'll send them a copy of the OFT Debt Collection Guidelines which outline that it is considered an unfair practice if they proceed to attempt collection on this account.

 

Heres a copy for you to have a read of, its pretty invaluable to be aware of this when dealing with requests for payment etc.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[yourbank]

yourbank,

 

The fact that his claim is acknowledged by the bank what does that mean that the claim is in the system???

 

SO do we assume that because the claim is acknowledged by the BANK that it is in the/their system.

It is in their system and part of the FSA Waiver is that they supply regular details of stored complaints to the FSA on a monthly basis.

OR that it is in the COURT system??

Court stays the claim so if you incur more charges you have to start from scratch again whilst with the bank storing the complaint you simply update it with charges.

You must explain to us lesser mortals, what exactly do "YOU" mean?

 

 

 

 

EXEMPLO DUCEMUS"

 

I never did Latin at school so I cannot explain EXEMPLO DUCEMUS(without google of course).

[JGJ]

yourbank,

 

Thank you for your replies to my queries.

 

I also never did Latin at school, but I do know what "EXEMPLO DUCEMUS" means to me and what it stands for, as I am sure you do also, but just in case here follows Latin to ENGLISH.

 

"EXEMPLO DUCEMUS" BY EXAMPLE WE LEAD

[smiler_38]

well, hitting my head against this brick wall is starting to smart a bit :/

 

Lloyds have sent my stepson a lenthy "FINAL RESPONSE" letter, most of which I believe to be just pure waffle. The main point in the letter is that they cannot deal with me direct as my stepson has not given them authority to deal with me .... WRONG.. letter dated 14th Feb 2009 stated that he gave full permission for me to deal with this stressful matter. Also they state that the account is NOT in dispute... ???? it's the bank charges that are in dispute... !!! Urrrm?? surely the account balance of £2300DB + is in dispute due to the £1800+ charges ... theirfore is not the account ( which the balance is a major part of) in dispute? And aparently he has not been defaulted, Lloyds still own the debt... and have just asked APEX to manage it??

 

This gets more and more frustrating.

 

Any suggestions were we go from here. SHould I negotiate a payment plan for the undisputed balance of about £500 or just run around naked outside Lloyds offices shouting "They've taken the clothes off my back.... "