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    • Its a case of the template response didn't quite fit your request but with the added bonus of throwing in a request to supply your Financial details.    .
    • Thanks for the prompt reply, I believe I was reading it differently to you then - So what you are stating is that Lowell have to prove the documents they filed with the court on the 29.Nov.2019 were indeed also served on me?   I would also ask - do they have to do this within a period of time? I read back this post ( I am still looking for my paperwork that I archived on this matter). It seems we did complete an AQ and that's why it went to mediation initially.    What should I do at this stage?
    • Hi again.....   You cant kinda give them a Letter Before Claim....it must be the correct format and headed same to comply with the Pre Action Protocol guidance.   It would be helpful if you could scan redact and upload a copy of this last letter/email  you sent with their response.   With regards to your last post its obvious that you dont know the process..which is understandable as most never want to get involved in this process. There is no such thing as Big Court as opposed to Small Claims Court ...should you decide to litigate you will be issuing your claim through the Small Claims Court...which can be don on line.   Have a look at MCOL and get a feel of the web portal   https://www.moneyclaim.gov.uk/web/mcol/welcome   Embarking on this action is not for everyone...but you will be surprised how simple it is without any legal knowledge.   Have a good read of the link I provided above re our other User facing the same dilemma as yourself and see how it runs step by step..in particular look at her Letter Before Claim...that will be your starting point should you wish to challenge this unfair and unjust consumer treatment.   .  
    • Might be worth a try   Lying in a hot bath at min and still struggling    On verge of ringing 111
    • Is this car park local to you?  If so, it would be good if you could go back and take photos of the signage.   The last time someone did so we discovered that Simple Simon had been so stupid as to put details of two different companies on the signs, which would make it impossible for the motorist to know which company they were entering into a contract with.   It would be useful to know if the signage is still pants.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Lloyds TSB Unauthorised Overdraft Charges Causing Further Unauthorised Borrowing and Further Charges


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I am really hoping someone on here can help. My husband banks with Lloyds TSB and a few months back he went over his agreed overdraft limit. Now, on a monthly basis Lloyds TSB have applied £155 to his account at a time in the month when he is already up to his limit, thus taking him over his agreed limit and giving them reason to apply the same charges the following month. I have been on at him to do something about it but he has been burying his head in the sand and it has cost him £100s so far. Could someone please point me in the right direction of a letter template to help get started in claiming some of these charges back. It seems grossly unfair and like he'll never get back on his feet again if every month they make him go over his limit by charging him again and I'm really starting to lose sleep over it.

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Its happening the same to my account and my girlfriends account as well , went there today they say it all was written on the terms and conditions and the time the account was opened . Like they say it´s not penalties its a service and there is a fee for a service .

 

its awful i know , i believe that in the 3 years i have the account i paid a total over 2500 in this charges .

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This is unfair and there is an argument to challenge it.

We have two people who are challenging their banks on precisely this point. One is against Lloyds and there is a preliminary hearing on Monday. I'll get back here on Tuesday and let you know more.

I'm away at the moment and you may have to post a nudge if I haven't posted here by Wednesday

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i have exactly the same situation, i had one charge that occured as i went over my limit, and for the four subsequent months i stayed within my limits but application of the charges caused further charges, and to make matters worse i do not receive notification of what and when will be taken as they keep sending correspondence to my old adress of 2 years ago, even though they have my new on and even though i have complained and pointed this out... they have taken around £500 from me in that time

:D Actions in progress

Natw West on hold pending test case

LLoyds claim 3 on hold pending test case,

 

:lol:Claims Settled

LLOYDS TSB x 2 WON,

MBNA WON,

A&L WON,

GE Money x 2 WON , c

o-op visa WON, capital one visa WON,

Halifax (o/h) WON,

capquest, WON

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Ok so i contacted a few days a claim agency and i opted for a no win no fee claim against lloyds , like im not english and cant do this myself they will do the claim for me charging me 25% of the total money claimed .

I think its the best option for me .

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Any news BF?

 

This is unfair and there is an argument to challenge it.

We have two people who are challenging their banks on precisely this point. One is against Lloyds and there is a preliminary hearing on Monday. I'll get back here on Tuesday and let you know more.

I'm away at the moment and you may have to post a nudge if I haven't posted here by Wednesday

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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