LlOYDS TSB

[Mr Worried]

Hi To All

 

Over 2 yr ago I cca'd Lloyds re my OD, and had no response from them, till today.

 

Our agents have been in touch and say that they have not been able to agree a repayment programme etc?

 

Please complete the I & E and return blah blah.

 

Is there a nice letter that I could send them?

 

Mr W

[maroondevo52]

Hi,

 

Overdrafts are running account credit and as such are covered by the consumer credit act.

 

The problem is that section74 if the act exempts them from the effects of section Part V this is the section that prescribes how the agreement should be made.

 

So although the overdraft is covered for there is no agreement document needed to be produce initially. So there is none to produce a copy of so section78 does not apply.

 

Regards.

 

Scott.

[Mr Worried]

Hi,

 

Overdrafts are running account credit and as such are covered by the consumer credit act.

 

The problem is that section74 if the act exempts them from the effects of section Part V this is the section that prescribes how the agreement should be made.

 

So although the overdraft is covered for there is no agreement document needed to be produce initially. So there is none to produce a copy of so section78 does not apply.

 

Regards.

 

Scott.

 

Thanks for the speedy reply Scott, however I do understand your wording,,but what should I do about this?

 

Mr W

[maroondevo52]

Hi,

 

Not a lot, don't think there's really any point in sending a CCA request for a Current Account.

 

Are you able to make any sort of payment to the account, is it still with Lloyds or is there a DCA invloved.

[Mr Worried]

Hi,

 

Not a lot, don't think there's really any point in sending a CCA request for a Current Account.

 

Are you able to make any sort of payment to the account, is it still with Lloyds or is there a DCA invloved.

 

Hi This is with a dca, who have returned it to Lloyds, hence the letter today, I did not spend the overdraft, it was an accumilation of charges and payments they took when no money was in account.

 

Mr W

[dx100uk]

what a monthly fee for running the a/c and then thus bank charges because it was now overdrawn?

 

so none of the O/D bal was your spending?

 

dx

[maroondevo52]

Think the best thing to do would be to try and get the charges back, though it's a lot harder now than it used to be.

 

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

 

http://www.consumeractiongroup.co.uk/forum/general/245835-bank-charges-decision-where.html

[Mr Worried]

what a monthly fee for running the a/c and then thus bank charges because it was now overdrawn?

 

so none of the O/D bal was your spending?

 

dx

 

Hi dx, that is correct none of the OD was any spending by us it was all payments they tried to pay even though we advised them of the situation and tried to close account they said we couldn't, but I found out different when I stumbled across GAG.

 

Wadya recon then?

 

Mr W

[dx100uk]

it was all payments they tried to pay

 

explaIN THE ABOVE please

 

dx

[Mr Worried]

it was all payments they tried to pay

 

explaIN THE ABOVE please

 

dx

 

Hi dx They had been taking money from acct previously for ....

 

TSB Loan ( which they made me take out when I was overdrawn 5 yr ago )

 

Lloyds CC

 

Car payments.

 

Various other dd's etc

 

Mr W

[dx100uk]

why did you not close the dd's on the a/c?

 

dx

[Mr Worried]

why did you not close the dd's on the a/c?

 

dx

 

Hi dx

 

I tried several times to close the whole acc down, even meetings at the branch, they said no no you cant close and we will keep taking the money although you dont have any, that will be an overdraft, although there is no agreement for an od of the amounts we want and you cant pay, thats how it is ..so bog off.

 

Then I sumbled upon CAG site.

 

Mr W

[dx100uk]

then that was a mistook

its still down to you to cancel the DD's not them

 

ok mistake made.

 

now my best guess - would be to argue that you instructed them/you tried.. to close all DD's as there was no money going to be going into the A/C but they failed to action you instructions.

 

hence all the charges are their fault and should be waived.

 

have you got anything in writing from the period you sent them?>

 

DID you write to them about this?

 

dx

[Mr Worried]

then that was a mistook

its still down to you to cancel the DD's not them

 

ok mistake made.

 

now my best guess - would be to argue that you instructed them/you tried.. to close all DD's as there was no money going to be going into the A/C but they failed to action you instructions.

 

hence all the charges are their fault and should be waived.

 

have you got anything in writing from the period you sent them?>

 

DID you write to them about this?

 

dx

 

Hi dx

 

At the time off my errors I did not know any different and done what they said to do, I did not have anything in writing as I always called them and they kept phoning me, they say that they have no record of me going into branch, so I asked for video evidence from the day at the relevant time, they say no!.

 

But putting that aside and yes MISTAKE by me ( but never done it again since I found GAG ) how can I start to deal with this.

 

Mr W

[dx100uk]

time to write a strongly worded letter that several times you instructed in person your bank manager to stop all DD's and close the A/C

these balance demanded is solely as a result of these actions not being carried out and you refuse to pay the bal for their mistakes/charges.

 

dx

[Mr Worried]

time to write a strongly worded letter that several times you instructed in person your bank manager to stop all DD's and close the A/C

these balance demanded is solely as a result of these actions not being carried out and you refuse to pay the bal for their mistakes/charges.

 

dx

 

dx, I will draft up a response to their demands and ask for a copy of all charges etc, or should I just sar them?

 

Mr W