LLoyd charge reclaiming

[fazz]

im not disapointed i wanted the banks to win

lets be clear carbine. there really is no such thing as free banking. it surely hasnt escaped your attention the huge amounts of our money the government has dished out to these incompetant and corrupt fools that you rate so highly. that's your money as well mate.

 

free banking ? you're paying for their carribbean yachts my friend as did my bank charges. (Edit)

Edited November 25, 2009 by maroondevo52
Removed unsuitable sentence

[carnation]

WELL SAID FAZZ

This ones obviously got more money than sense.

[maroondevo52]

Could we please refrain from using personal insults.

 

Thank you.

[fazz]

sorry

[droddis]

I think the decison was clearly based on hidden agenda of protecting the money the government chose to invest in the high street banks, and the payout of charges would of delayed the return of this money. Along with the fact the lords would see reduced divends from their shares in the banking industry should they of ruled in favour of the OFT.

 

But where does this leave someone like myself, i went overdrawn on my lloyds tsb account becuase their computer system authorised a debit transaction when there was insuffiecent funds; resulting in me going £35 OD. LLoyds then decided to charge me monthly and daily fees, and also decided not to notify me until 18 days after the event, by this time i was £180 OD, i argued with my branch and over the phone, with no result, even though i offered to pay back the money i borrowed + interst exc. charges. The balance now stands at £428 after 3 months.

 

Can a judge really say that the operating of a current account cost £393 for 3months, espesically considering that it is the first time i went overdrawn and once the balance returns to zero, all the charges will stop.

Does that mean an account in credit doesnt cost the bank anything to run???

[Rayne]

now therein lies a good question....

[conchy_joe]

With the greatest respect to all caggers on this thread,I'm still in the dark regarding what options are available to us after the HOL decision.I have a claim with Lloyds that is on hold,is this now a dead issue.

[maroondevo52]

This link should help..........

 

The Consumer Forums - Announcements in Forum : Debt Collection Industry

[locutus]

Breaking news

 

The Consumer Forums - Announcements in Forum :

[Rooster-UK]

What you need to remember is that all the OFT has lost is a point of law.

Unfortunately, the media jumped in and reported that "millions of customers would no longer be able to reclaim their charges".

BULLSH**.

The only ones who will lose out are the people who believe the media and give up.

Just stick around these forums and watch the announcements.

 

We don't believe the media and we have certainly not given up. Just have a little patience.

 

Regards, Rooster.

[conchy_joe]

Many thanks for all of your help.I eagerly await the new template.

[the_freedom_trail]

because if i take out a loan which i have done in the past i fully expect to pay back certain ammount of interest hence if i go overdrawn and do not pay it off on that day i fully expect to get charged interest for this

 

A very naive response - what will you do if you have a loan and lose your job/income - change your tune I dare say. With regards to your why should I be punished attitude - I don't know if you realise but you are already paying for the banks out of your taxes. You will also be paying considerably more tax in the future as a direct result. You're already being punished. Many people on here have fallen on bad times - I suggest you either provide some constructive advice to those who need it or say nothing at all!

 

TFT

[conchy_joe]

Hi everyone,Last November I received a demand notice from a DCA acting for Lloyds,they wanted me to pay off my overdraft (most of it was caused by bank charges) I sent off the notice saying that they could not pursue a debt that was in dispute(I had filed a claim against Lloyds).Not long after this I received a defence filed by Lloyds from this DCA.Now that the OFT has lost it's test case these people have emerged again with a FINAL notice giving me fourteen days to pay up or else expect a doorstep collector(?) or a court action.Could anyone give me some help please,I retire next year and don't have much of a financial base.

[Enron]

Standard DCA tactics, trying to put the fear of god into you and exploiting your lack of knowledge to get you to pay up.

 

As regards doorstep collection they are meant to as part of good practice arrange an appointment with you, it is up to your discretion as to whether to accept this - you could very politely tell them that you have no desire to accept this visit in person, and if in the very unlikely event you have some ass that won't take no for an answer you could always remove your common law permission for this individual to be on your land - then he commits trespass if he refuses to leave, and breach of the peace if he causes a scene (so phone call to police in that instance).

 

The test case wasn't a victory for the banks, it did not say that they're charges were fair, what happened was the banks got off on a technicality as the OFT were challenging them on the wrong point of law. The OFT may very well go back for a second crack of the whip in court.

 

So as we still believe the penalty charges are unfair under contact law as there is a gulf between what they cost the bank, and the charge made to the customer.

[JGJ]

conchy joe.

 

You need to send them the Letters from the CAG Templates Library.

1)Letter when Bank/DCA attempt to collect on Penalty charge situation Account in Dispute.

 

2) Letter used when a DCA threatens a doorstep visit.

 

3) Do NOT talk to them on the phone, always communicate in writing.

 

Send them by at least signed for delivery and do not sign Letters.

 

As Enron has already advised they are Threatogrammes!! With the intention of harassing the inexperienced amongst us.

 

Good Luck and keep visiting CAG.

 

 

"EXEMPLO DUCEMUS"

[MARTIN3030]

Who is the DCA ?

Have you worked out what you know to be the proportion of charges that form the sums Lloyds are seeking to recover ?

Can you confirm that you still have the claim lodged in Court ?

Its unlikely that doorstep collection activity will ensue,although theres advice been given should that be the case.

If you intend to pursue the claim and no action has yet been taken by the Court and it is still in the system,then in reality the account is still in dispute status until such time as the Court directs a response /makes an order/or else Lloyds seek to have the case dismissed.

Keep reading for developements following the Supreme Court ruling,and demand a copy of the DCAs complaints procedure,as is your entitlement.

Keep us posted.

[conchy_joe]

Thank you all for your help,I have sent a letter saying that they may not pursue a debt that is in dispute,and will now send off the letter refusing permission to visit.The name of the DCA is Wescot.I do know the amount that being pursued by Lloyds but as we have certain undesirable people monitoring this site I won't disclose it on an open thread.I had a notice from the court saying that the claim has been recorded and that Lloyds would be informed of my claim,this was followed rather quickly by a notice of defense from Lloyds via Wascot.As of now I assume that the claim is still active as I have'nt heard otherwise.

[MARTIN3030]

Ok thats a bit clearer.Are Wescot acting as agents or have they been assigned (bought the account ) do you know ?

Inform Wescot that since the account IS still in dispute,they should pass it back to Lloyds-failing which,they are equally liable for any breaches in consumer regulations whilst now been informed by you of the position.

[conchy_joe]

Wescot are the acting agents.I now need to look for the template letter re doorstep visits, then tell Wescot to pass the claim back to Lloyds.

[MARTIN3030]

Yes you should find the letter in the CAG library which you can access via the front page.

[MARTIN3030]

I will change your thread title to represent the issues you are dealing with.

This also will benefit others who are dealing with the same/and invites those who have already dealt-to give you more advice should that be needed.

[conchy_joe]

Changing the thread title is a very good idea,thank you.I have found the letter re refusing permission to visit.Could you suggest a format for telling Wescot to pass the alleged debt back to Lloyds please.

[MARTIN3030]

I suggest adding just a couple of lines within the body of the letter,or even at the end.

 

Something that gets straight to the point and sets out your clear point.maybe;

 

Furthermore,since you have now been advised by me that the account remains in dispute,and is still a matter held in the County Court System,you should from this notice cease immediately any further recovery attempts or measures in connection to the alleged debts.

I draw your attention to Office of Fair Trading final guidance on debt collection 2003 specifically unfair business practices.

Equally,I draw your attention to recognised codes of practice that members affiliated to within their sphere of business are expected to uphold and a failure to do so breaches consumer trading regulations 2008.

You should inform your clients of these instructions,and forward me a copy of your complaints procedure.

I will take any steps deemed appropriate,should you fail to respond positively to this letter,which may include but not strictly limited to;

 

Filing a complaint with my local Trading Standards Office,contacting Consumer Direct,The Financial Ombudsman and the FSA to question your worthiness to hold a Consumer Credit Licence in light of your breaches of conditions you are expected to be upholding to operate with such.

[MARTIN3030]

Just for further clarification -Wescot claim this;

 

Wescot are recognised by its clients and competitor base alike as one of the market leaders within the Credit Services Industry. We are active members of the Credit Services Association (CSA), accredited to the BSi ISO 9001:2000 quality standard and keen supporters of the free Money Advice Agency network.

 

 

Their website even gives a link to CSA codes of practice which are;

 

Codes & Standards

 

The CSA works for the benefit of those companies active in relation to unpaid credit accounts; debt recovery, tracing and allied professional services. As part of its function the CSA aims to promote best practice throughout the industry. The CSA has developed its Code of Practice which all members must adhere to.

This code is now the benchmark for Best Practice in the industry, assuring quality and professionalism in the services members provide.

Members should:

 

• Conduct business lawfully
  
• Conduct dealings with debtors in a fair and reasonable manner
  
• Maintain a high standard of business practice
  
• Compete in a fair and reasonable manner
  
• Ensure all staff are provided with adequate training
  
• Not discriminate
  
• Protect the reputation of clients
  
• Remit monies collected regularly to clients
  
• Not knowingly misrepresent qualifications, experience and abilities
  
• Handle debt cases in a fair and reasonable manner
  

 

 

Enough said.

[conchy_joe]

many thanks for your guidance.I have already drafted a letter re visitation,but i'll modify it to include your input.