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joea9

Overdraft fees advice needed - claim is submitted already

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Hey,

Recently I was charged £105.00 for exceeding my overdraft limit (i was over the limit for a total of 5 days, so £105.00 seems ridiculously high).

 

So far I have sent a letter to Lloyds asking for the money back based on the following information -

"Under the Unfair Terms in Consumer Contracts Regulations 1999 charges must reflect administration costs and cannot be punitive. "

 

 

Lloyds replied after a week or so and said -

"The supreme courts looked at whether the office of fair trading could challenge the fariness of the level of the unarranged overdraft fees under the unfair terms in consumer contract regulations. They decided that, as long as they are clearly set out, the fairness of the unarranged overdraft fees cannot be assessed at all".

 

 

It seemed as if they were fobbing me off, so I proceeded to submit an online claim form against Lloyds.

 

I have now found some info online which kind of backs up what they said -

guardian.co.uk/money/2009/nov/25/bank-charges-ruling-against-consumers

 

 

So now I'm confused. Have I got a case against them or not? Some information I find supports the regulation that I based my claim on, and some other information supports the regulation that they originally quoted back to me.

 

 

£105.00 cannot be a fair amount to charge based on a 5 day unplanned overdraft.

 

 

Anyway, I submitted my claim to the court with confidence, and now I'm not so sure that I'm likely to win or not.

 

 

Any advice or info? Which of the two bits of info above are most recent/accurate? Any help given would be much appreciated.

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My advice would be to ask them if they still hold a copy of the aplication form you signed when you open the account under the data protection act. Also a copy of the terms relating to the contract of the account. And if they can enforce it in a court of law.


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

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