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charged for going overdrawn.. but no overdraft!


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hi girls / guys , been registerd on here for a while now and have to say is a great site , i now have a problem of my own which is not explained much on here , im not asking for my charges to be refunded to me as they have not taken any of my own money from me , i did have direct debits agreed to come out of my account though which i could not afford at the time due to very difficult times , anyways i have never had a overdraft with the Lloyds tsb but due to not having enough funds in my account to cover the direct debits ( this happened twice ) they charged me £35 twice causing me to go overdrawn :x so i then got another letter through the door saying i am being charged another £35 for going overdrawn :x so in total they are now demanding just over £100 in charges , they have pestered the life out of me with phone calls demanding their well earned cash :-x after refusing politely time after time they have now decided to inform their solicitors SECHIARI CLARK AND MITCHELL to act on their behalf , all my funds now go into my partners account. The letter goes a bit like this.........................

 

Dear madam

We are instructed by Lloyds tsb bank plc who advise us that despite several reminders your account remains out of order. This letter, therefore, makes formal demand on you to repay the balance as quoted above plus interest which is accuring on a daily basis. The due ammount is based on the account balance today, receipt of any further debits or credits or a variation in interest rate will result in amendment of the amount payable.

 

If payment is not received by our client within 7 days from receipt of this letter, court proceedings may be issued against you without further reference. Once proceedings have been issued you may be liable for legal costs incurred. In order to avoid this action you should make payment in to a Lloyds tsb branch. Alternatively you can send a cheque made payable to our client to the above address. Please write your account number on the reverse of the cheque.

 

Furthermore, you are reminded if we do not receive a satisfactory response from you, it is the policy of Lloyds tsb bank plc to lodge information relating to your failure to pay with the following agencies: Experian Ltd, Equifax Europe (UK) Ltd and Callcredit plc.

 

You should also be aware that it is common practice within the finance industry for this information to be used when assesing your abilty to manage your own finances and it is our understanding that this may also impact in the case of family members or accociates where they have a relevant financial association with you. Furthermore, if the debt is settled within the prescribed period this fact will also be recorded, but will not lead to the original default being removed.

 

If you are unable to pay the full balance, our client may be prepared to accept a reduced sum, together with realistic proposals for regular monthly payments. You must telephone our client on 0870 2424763 immediately if you wish to discuss such an arrangement.

 

REMEMBER, THIS IS A FORMAL DEMAND PRIOR TO THE COMMENCEMENT OF LEGAL PROCEEDINGS AND YOU ARE STRONGLY URGED TO MAKE IMMEDIATE PAYMENT TO AVOID THE ABOVE ACTION.

 

 

:-x :-x

what do i do next?

 

any help would be much appreciatred .:)

 

thankyou

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Might be worth a call to let them know that you will a) be submitting a claim of your own b) defending any such action and state your defence.

Let them know that you are prepared to give them a chance.

This would show any judge that you are upfront in trying to enter into sincere dialogue to solve the dispute and could only look bad on them.

It is also worth having it put on record that the account is in dispute and as such under the banking code have a duty not to declare this information to the credit reference agencies.

I would be very relectant to pay up and then claim back. Possession being 9/10ths of the law and all that!!

 

Best of luck in whatever you choose to do :D

9/8/2006 Moneyclaim Submitted £490

15/8/06 Reply from court, Lloyds have acknowledged with intention to defend

11/9/06 28 days to the day defence submitted by Lloyds

13/9/06 AQ received reqd to return by 30/9/06 to Rugby CC

29/9/06 AQ completed and returned to court

 

 

I'd like to see things from the banks point of view but I can't seem to get my head that far up my a**.

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Hello s1 turbo,

Keep communicating and keep a record of the communications. Do not ignore them.

I would pay and claim back but if you are unsure/ cant pay, contact your CAB. I am astonished that they have time to do this. Good luck and keep us posted.

C

29 March 2006 Data Protection Act Request sent for ac 1 (then she got a bit distracted but got another charge so...)

27 May Prelim letter sent for ac 1

27 May Data Protection Act Request sent for ac 2 & 3

21 June Prelim Letter sent for 2 & 3

14 July LBA sent with schedule for ac 1 & 2 & 3

7 August MCO filed – defence expected 10 September

11 September defence filed - signed Sean Copping

12 September AQ form received

18th September AQ sent back to Lambeth Court and copy sent to solicitors both recorded delivery

13th Feb 2007 Court Date Set

15th Feb Reclaimed Money is in my bank Account

 

Cat's opinions are those of a nurse and most definitely, definitely not those of an accountant or solicitor, although she was always quite good at sums and elocution.

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