Charges incurred since approach for repayment

[blt]

Hi everyone - I'd really appreciate some help! I'm currently ready to submit my application to courts after failing to get any reimbursement of fees from Lloyds. However, due to a bit of a cock-up on my part, I have now been charged another £95 from Lloyds due to me being £3 short on a direct debit, it rejecting etc etc. Can I just add this onto the court application or do I need to send Lloyds a letter stating that I will be adding this, therein giving them the opportunity to reimburse this additional amount? I hope this makes sense! Any help greatly appreciated. Thank you

[Bean]

Hi blt,

 

Just add the new charges to your County Court claim total.

 

Include the spreadsheet with your N1 County Court claim form if you hand it in at your local County Court. If you use Money Claim online, you can send the spreadsheet soon after issuing.

 

No need to write to the bank to tell them about it, they will receive a copy of your County Court documents.

[blt]

Thanks for your help, I really appreciate it

[Bean]

They are continuing to apply unlawful bank penalty charges and presumably you would wish them not to - you could send them a copy of Spiceskull's superb letter on the subject. You have his permission to use it:

 

"Dear Sir/Madam,

I find myself in the position that your actions require my intervention for the [HOWEVER MANY] time in the space of a few days. I am seriously reconsidering my view that [bANK] has the capacity to act as my fiduciary in a responsible and lawful manner, as implied by the terms and conditions between both parties.

[WHENEVER] I received a statement from [bANK], stating their intent to unlawfully apply penalty charges to my account on [DATE]. These charges are to the sum of £XX.

As you are aware, I have asked you to demonstrate to me that these punitive charges are fair and just, that they are lawful, and that they are being lawfully applied. You have failed to demonstrate this to date, and therefore it is implied by your refusal or inability to supply such demonstration, that these penalties are, indeed, unlawful.

Therefore, I would draw your attention to the following point: you have stated that these charges will be applied on [DATE]. If these charges ARE applied, then you will be required to explain why you have, in my view, committed a pre-meditated breach of the law, and I will be reporting such breach to all of the relevant authorities.

However, as this has not yet happened, I require that you take action forthwith, and cancel this transaction prior to its execution. Furthermore, I require confirmation, in writing, that this transaction will, indeed, be cancelled.

I shall be checking my account on [DATE], and if I see that the penalty charges have been unlawfully applied to my account, I shall lodge a claim at the county court to recover these charges, plus my costs and interest calculated at 8% APR, without hesitation. Furthermore, I shall require that you confirm whether these unlawful charges have resulted in a default notice against my record with credit reference agencies, and if so, I will seek appropriate action to have this notice removed.

In view of my first paragraph, and considering your apparent incompetence to act as my fiduciary in a lawful manner, I will start to consider a course of action whereby I may seek redress for all the inconvenience you have caused me."

 

Hope this helps;) .

[susanstephens9]

I keep geting more charges being xxxxx from my acount. Does this letter realy stop them taking any more money from me?

 

EDITED - PLEASE DO NOT USE WORDS /PHRASES THAT COULD BE LIBELOUS.

This would have serious repercussions on our site, as well as the user in question.

[Bean]

I keep geting more charges being xxxxx from my acount. Does this letter realy stop them taking any more money from me?

 

Hello susanstephens9,

 

Best to post in your own thread:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/22967-susanstephens9-lloyds.html

 

For completeness and as it may help blt: There are no guarantees, but it is a well constructed letter and would be a good starting point. You do not have to send it exactly as written, you could adapt it to suit. If the charges don't stop during your claim after sending this letter or similar, please let me know.

[Bean]

I keep geting more charges being xxxxx from my acount. Does this letter realy stop them taking any more money from me?

 

I would recommend not using the word 'stolen'. It may feel like it but I suspect that this is potentially libelous, please be careful.

 

The charges are unlawful, they are not illegal.

The issue of bank penalty charges is a civil one, not a criminal one.

[susanstephens9]

Hi Bean,

 

Thansk for that advice. I will stop using words that sound like they are slandrus, and will put any more questions in my own thraed. Suzie.

[Bean]

OK Suzie,

 

Please understand that I was not having a go, my comments were purely to protect you and the site.

 

I wish you every success with your claims.