Jump to content


  • Tweets

  • Posts

    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Unplanned overdraft and excessive charges


cashdesk
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5378 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I wrote to Lloyds last week (14th) telling them that I could no longer afford to make my loan payments of £362.70 a month and offered them £40 a month until things improve. On the 20th they took the full payment from my account (which only had about £8 in it) and sent me a letter teling me that due to the unplanned overdraft they were charging me £15 flat fee, plus £20 a day (plus interest) until it is paid off. They were nice enough to only add on 10 of these daily charges per billing month, but the next billing month starts in 10 days time!!

 

Are these charges typical and fair, or are they excessive? My thoughts would be the latter.

 

How do I go about convincing them to reverse the payment so that my account was in the same state as it was prior to the 20th and cancel the standing order?

Link to post
Share on other sites

  • 2 weeks later...

Hi cashdesk

 

I am having a very similar situation with lloyds at the moment. I have three products (overdaft, credit card and personal loan) with them and all are in there collections depts. I have 'agreements' in place with collections to reduce the amount monthly by a manageable amount for two of the products but the third I do not which is a credit card and they monthly now take a full missing months payment without so much as a thank you leaving me with insufficient to then meet the other two agreements. I did last month manage to get a partial refund back but it took plenty of calls. I think it this practice should be illegal, they have no idea what problems they cause by doing this. Not much help but I would offer that on my loan, they agreed to a much reduced rate for six months but only once it was in collections.

Link to post
Share on other sites

Lloyds have an extremely high charges system, even though they as other banks did, changed it from a service charge to an unauthorised overdraft. The fees actually seem to work out as MORE expensive than before though.

 

Barclays for instance charges so much for every 5 days you are within your 'reserve overdraft', (£30 I think). However cancelling that means they return all items when you don't have the money to pay them and charge £8 a time. Much cheaper than keeping the reserve.

 

As I understand it Lloyds continue to charge an excessive amount even if you cancel that unauthorised overdraft. My fiancee simply can't afford to pay with all these charges going out and the interest they charge.

 

I'm sure they're as illegal as the old system but no doubt because they've changed the name of it all it's legal now... I hope not.

Link to post
Share on other sites

I got a letter from them yesterday. I had offered them £40 towards the loan and overdraft but they said "Thank you or your letter expalining your circumstances. Having looked at the information we do not accept your offer and will continue to take the full amount and apply charges and interest". Or something along those lines (I don't have the letter with me).

 

What can I do under these circumstances? I have sent the £40 for this month, but every month they want to apply £215 in charges for the overdraft alone, and that doesn't include interest on the overdraft or loan.

 

What can I do next? There must be another option open to me.

Link to post
Share on other sites

I have not found a way of stopping these 'offsetting' payments from your account but have your tried calling and speaking with the 'customer care unit' 0800 389 8766, they tend to have some power with regards refunded excessive charges and should be slightly more understanding when you explain the situation to them, if not, they can raise a complaint and somebody from there 'charges' team shoudl look in to the charges and get back to you. Only other alternative other than waiting for your account to hit collections is to stop paying anything in and use a different non lloyds account.

Link to post
Share on other sites

The thing is, I only opened a Lloyds account because I got a job in one of their companies. It was then sold to a private equity company which offshored my entire department and made me redundant.

 

I have asked them to cancel the standing order but they have refused. The only money that has gone into that account for the last 11 months is their payment, as I have another main account.

 

If I have asked them to cancel the standing order and they have refused, do I have a case for unfair terms, as they are manipulating my position to their advantage?

Link to post
Share on other sites

Hi, i have 2 accounts with overdrafts and they both went over cost me 165.00 per account which took me even further overdrawn could not pay back so next month went a further 165.00. delivered letter into bank and got the usual we feel these charges are fair wait for the courts to decide.

 

They did increase my overdraft to cover the charges but they are now charging me interest on the charges as well.

 

I have asked for CCA,S for these overdrafts and also one for a loan which i tooki out online?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...