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    • Just an update.   My colleague did not want to ring them.  The saving of the application fee was/is not as important as getting a swift set aside and he felt the best way was to apply to the court for set aside without a hearing.  He has done so and the court has sent an acknowledgement and assigned it to our local Court, so we now wait for something else to happen, presumably either a set aside or a Hearing. 
    • They have now replied this   Thank you for your email,   Looking at the information you have provided, subsection 7 which you have highlighted states that this applies from the time your right is exercised, this is the date you raised the complaint, as no payments were made after this date there is no refund to provide.   There is also no deposit in this case so there is nothing to refund in relation to this.   We have now diligently answered all your questions and as previously mentioned your final response will be sent to you in the post.   Thank you
    • Update The engineer who's been looking at the van was unable to borrow a circuit board to do a temporary swap to test. His and Truma's recommendation was that I take the van to them as the fault it was displaying was something they'd not come across before. I rang Truma Friday morning and it was going to be the end of October before I could get an appointment. Then the engineer said that they'd had a cancellation that morning and if I got down to them immediately (a 40 mins journey for me) they'd look at it. They rang me late Friday afternoon and to cut to the point they may have fixed it, it's still on test there today, they'll let me know the outcome later. If it's not the circuit board which they've changed then it's another problem with the solar system on the van which is nothing to do with them. I've kept Marquis involved by email and phone. But because I've acted without giving them another chance to deal with the fault will I still have any claim or not ?  Thanks 
    • expecting civil replies instead of using adjectives and verbs like "shut up"
    • I have also emailed them this below      Can I please bring your attention to the Consumer Rights Act 2015 wherby it states my right to a refund I have highlighted the points where I feel you are failing in regards to this Act. Please refer this to you senior to be looked over immediately and I look forward to your reply    Thanks Kelly Gallimore Right to reject (1)The short-term right to reject is subject to section 22. (2)The final right to reject is subject to section 24. (3)The right to reject under section 19(6) is not limited by those sections. (4)Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21). (5)The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end. (6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader. (7)From the time when the right is exercised— (a)the trader has a duty to give the consumer a refund, subject to subsection (18), and (b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed. (8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them. (9)The consumer’s entitlement to receive a refund works as follows. (10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money. (11)To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies. (12)To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred. (13)If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end. (14)If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid. (15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund. (16)If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise. (17)The trader must not impose any fee on the consumer in respect of the refund. (18)There is no entitlement to receive a refund— (a)if none of subsections (10) to (12) applies, (b)to the extent that anything to which subsection (12) applies cannot be given back in its original state, or (c)where subsection (13) applies, to the extent that anything the consumer transferred under the contract cannot be divided so as to give back only the amount, or part of the amount, to which the consumer is entitled. (19)It may be open to a consumer to claim damages where there is no entitlement to receive a refund, or because of the limits of the entitlement, or instead of a refund. (20)Subsection (21) qualifies the application in relation to England and Wales and Northern Ireland of the rights mentioned in subsections (1) to (3) where— (a)the contract is a severable contract, (b)in relation to the final right to reject, the contract is a contract for the hire of goods, a hire-purchase agreement or a contract for transfer of goods, and (c)section 26(3) does not apply. (21)The consumer is entitled, depending on the terms of the contract and the circumstances of the case— (a)to reject the goods to which a severable obligation relates and treat that obligation as at an end (so that the entitlement to a refund relates only to what the consumer paid or transferred in relation to that obligation), or (b)to exercise any of the rights mentioned in subsections (1) to (3) in respect of the whole contract
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Two Lloyds Current Accounts & a Credit Card! Help!


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Hi,

 

I had been intending to fight each bank one at a time and days after attempting to submit two (clerk said I had made a mistake somehwere on the forms) everything changed becuase of the judgement!

 

I ran away for a long time, but am back now to face this. I know nothing anymore, so am starting again from scratch and will be starting with Lloyds. So I post this totally ignorant so that I don't avoid posting at all and will read as much as I can - so links to relevant pages also welcome!

 

My summary

 

- I had a current account with them since 2004 (around!)

- I also had a credit card since 2004. Limit £2000

- Then I became a student and instead of changing my account they told me to open another specifically student account and keep the current for x, y, z reasons.

- After some time, and a few overdraft increases later, on both accounts the agreed overdrafts went up to £1000 and £2000. Some interest free some not.

 

Thats when things get messy

 

I messed up one payment early on and then the charges mounted like an avalanche. £15 for going over and £20 a day for a max of 10 days! Plus a little interest

 

Thats approx £215+ on each account!

 

And WHERE was a I going to get £430 from and in my first year of uni and already very poor. I ignored it and it just kept getting worse for months.

 

They finally agreed to put me on a plan.

 

The £1000 overdraft was set to £1900 and the £2000 set to £2900 to cover the charges and I would be paying back £20 or so a month without any added charges and the overdraft would reduce each month by that amount. I did that for a while, and then lapsed and it got out of hand again.

 

I have been ignoring them ever since, for over a year.

 

As for my credit card. Limit £2000. I had that for years no problem. Then over something like £14 the account got messed up, I was worried with other things, they made it seem bigger than it was and I ignored and ignored. Finally, they agreed to refund charges of £x amount and I would pay £x amount to bring account in order and then put on a plan - but I would still be able to use the card.

 

However, that brought me TO my limit and the month that followed "NON PAYMENT" which took me "OVER THE LIMIT" and then the cycle repeats and it is there that I ignored them for over a year, and the rest just as above.

 

Accounts gone from LLoyds to BLS to Wescot to BLS to all over the place. I moved house and they tracked me down and the same story...

 

If I keep ignoring them how long before they actually try to take me to court or send bailliffs to my house?

 

Will they write to court first, and then court send letter to me and then if I answer at that point no bailliffs?

 

What do I do now? Shall I fight them? Account by account, or altogether, do I have a leg to stand on?

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Anything that you do will give them your address, but presumably you don't want to keep on running for the next few years.

 

Are you still a student?

 

When you are ready,

 

For the Credit card, start with a CCA request & a SAR to get the total of charges / any un-requested or useless PPI

 

For the bank accounts there's with the state of play with reclaiming charges, there's not much to do as I understand things

 

They won't want to take you to court if you have nothing because all that a judge would give them is £1 per month - they will use a DCA to try to get as much out of you as they can with general harassment & scare tactics. That's all you should be paying LTSB anyway.

 

They should have sent enforcement notices & termination notices for the bank accounts & a default notice & a termination notice for the credit card. If you have them, can you scan them & post them up after covering personal details using paintbrush etc?

 

I think that this is part of Lloyds business model - you go overdrawn by a few pounds, they charge you hundreds initially, you can't afford to pay so it goes to thousands in a few months. Then they use DCAs to get their profit over a few years.

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Thanks alot for the response..

 

First, yes I am still a student (but only for another year- or until June 2011). I will then be a graduate, who most probably will be looking for a job for quite a few months.

 

Second, they do have my new address. Lloyds does, and so do BLS their DCA and then all the other DCAs they are using, e.g. Wescot. Did you mean, by answering them, I would be confirming to them my new address?

 

What did you mean by..

"That's all you should be paying LTSB anyway."

 

Also, strangely, on bith accounts my credit file hasnt been defaulted (?!) I've got ...0 0 0 1 2 3 4 5 6 0 .

And it says overdraft balance settled early 2010.

 

Presumably this is a good thing..

 

As for the credit card, defaulted 8 early 2010.

 

I will get those scanned ASAP and post them up shortly.

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First, yes I am still a student (but only for another year- or until June 2011). I will then be a graduate, who most probably will be looking for a job for quite a few months.

So you probably can't afford to pay them much - same as benefits

Second, they do have my new address. Lloyds does, and so do BLS their DCA and then all the other DCAs they are using, e.g. Wescot. Did you mean, by answering them, I would be confirming to them my new address?

It means I misread your post & thought you were trying to dodge them!

What did you mean by..

"That's all you should be paying LTSB anyway."

Someone on benefits can't afford to pay much - generally £1 per month - even though the banks want more. I think that you might be on the same level of income so maybe £10 was too much

Also, strangely, on bith accounts my credit file hasnt been defaulted (?!) I've got ...0 0 0 1 2 3 4 5 6 0 .

And it says overdraft balance settled early 2010.

 

Presumably this is a good thing..

depends on why they say settled - might just mean they have closed those accounts

 

Presumably you have opened an account elsewhere - hopefully not tsb

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