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    • Two further letters from Lloyds Bank. They state the terms offered in the Tomlin order are "standard", I think they left out the part where they meant standard for their client. My understanding is that the terms of a Tomlin order should be acceptable to both parties. While I could get bogged down in the fact the wording of their proposed terms in their Tomlin order were very wide, and while perhaps not relevant they appear to fit very closely the definition of unfair terms laid out in the Consumer Rights Act, this is probably a waste of time and better saved for the judge should the matter of costs arise. I'm not sure there is really any requirement to reply if one is 100% certain the claim will be awarded, however there is an opportunity to save Lloyds Bank from further wasting the courts time. A proposed reply below.     Lloyds - Defendant - Letters 09.08.22 - Redacted.pdf
    • Hello guys, was hoping to get some advice/help in regards to sorting this debt out.   On the 30th April 2016 I got finance approved on a car through Santander.   on the 7th January 2017 I had an accident in this car and it was written off. The insurance company paid the money straight to Santander Consumer Finance who then said I had to pay up £1047 immediately or they would add a default to my name. I originally agreed to pay £500 for 1 month and the remaining amount the following.   Due to difficulty getting the first £500 together I rang them 3 days after the payment was due and apologised telling them of my difficulty, but they said as I had broken the agreement I now had to pay £2247! I was furious and instead offered to borrow some money from a friend and clear the original amount that same day, they point blank refused to accept that so I told them to get stuffed.   In 2021 I received numerous letters from Cabot and didn’t think anything of it as the default had now come off my record.   This year I have received a letter from Mortimer Clarke with threats of a CCJ.   I then decided to email them this;   Dear Sir/Madam   I received your letter regarding the account indicated above, claiming that I owed a specific amount. I would like to inform you that I do not know of any such amount I owe Cabot Financial (UK).  I would also like to call your attention to the FCA’s (Financial Conduct Authority) Consumer Credit sourcebook that states that: A firm should neither ignore nor disregard a customer’s claim that his debt has been settled and/or is disputed and must stop making demands for payment without providing the customer clear justification and/or evidence as to why the claim is not valid. 7.5.3 A firm must suspend or cease the steps it or its agent takes in the recovery of a customer’s debt where the customer disputes or has settled the debt on valid grounds or what may be considered valid grounds. 7.14.1 If a customer disputes the debt on valid grounds or on what may be considered valid grounds, the firm must re-examine the dispute and provide details of the customer’s debt to the customer in a reasonably timely manner. 7.14.3 If there is a dispute regarding the identity of the borrower or the amount of the debt, it is for the firm (not the customer) to establish, that the customer is indeed the correct person/identity in relation to the debt owed or that the amount is correct under the agreement. 7.14.4 A collection firm must provide the customer with information regarding the outcome of its investigations about a debt that the customer disputed or has settled on valid grounds. 7.14.5 If the customer disputes the debt and the firm who seeks to recover the debt is neither the lender nor the owner, the firm is required to: > (1) Pass the information given by the customer to the actual lender or the owner; or > (2) If the firm was given authority by the lender or the owner to investigate the dispute, the firm is required to notify the lender or owner regarding the outcome of the investigation. 7.14.6   You have not ceased your collection activities whilst investigating a reasonably disrupted or queried debt, a method that is considered unfair and deceptive. Furthermore, by continuing to make demands from me to make payment whilst ignoring/disregarding claims that my debts are disputed or settled, your agency is committing what amounts to psychological and/or physical harassment. In light of this, I am asking that you do not make contact with me regarding the above account without providing me with evidence regarding my liability.   I shall wait for your response confirming that the matter I have presented above is closed. If I do not receive such confirmation, I shall file a complaint with the department of trading standards and may inform the FCA regarding your actions. If necessary, I shall also forward a complaint with the Office of the Financial Ombudsman Service and Information Commissioner.   I look forward to your response.     They replied with a copy of the original finance agreement, however the date of that agreement was 30th April 2016, that would now be more than 6 years.    Furthermore the name on the agreement has been spelt differently to mine and is missing part of my first name.   My question now is how do I respond to this?   Thanks in advance for any advice (I may take a bit of time replying due to work constraints)
    • Hi all,   Due to my own carelessness, I ended up with a 2nd charge on my property, via way of a CCJ, because of a debt (approx. £12k) on an old MSDW credit card. This was back in 2004.   Nobody since has ever approached me about this debt, and I have no idea who owns it. I wrote to Morgan Stanley Bank International Ltd about 6 years ago, and they never replied.    I want rid of this charging order. Does anyone have an opinion on what I should do? Go knocking on Barclaycard’s door, asking if they have the debt? I certainly don’t want to go knocking on the doors of the various DCAs, and inadvertently kick off a feeding frenzy.    All opinions welcome, thanks in advance. 
    • I could also add... In a time where the nation has the least amount of trust in Government and their departments, whereby the taxpayers believe the Government is pretty much taking the p*ss out of residents left, right, and centre... HMRC is doing this..
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recent increase in 'charges' applied


ianh
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Greetings

 

I'm in the process of claiming back money from LloydsTSB and surely cannot be the first to notice that many of these carges have gone *up* recently. For example, the overdraft excess fee (basically an unarranged borrowing fee) has increased from £20 to £30 in just over a year.

 

A 50% annual increase! How can this possibly reflect an increase in actual costs - therefore this is more evidence that this is a penalty charge, not a service cost. The letter is printed and sent by computer, without even a human signature, and I would have thought that because of tech improvements, the 'cost' of the computer's time would have dropped over the last few years, not increased.

 

My suspicion is that they're charging all they can, while they can. Does anyone have records going back say, ten years, to see how they've increased and their reasons for it? I suspect the graph would be interesting. And do all the banks stay 'in step' with this?

 

Ian

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hi

BOS increased their charges way back in August 04. i had a charge of £20 on 29/7/04 and another on 4/8/04 for £30, both for going overdrawn.

This was just after the merger with Halifax.

Maybe TSB are playing catch up after having a look at HBOS profits.LOL Or heaven forbid HBOS charges are going to rise even further

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This looks like that it is a backlash from the charges being claimed back. They are going to reap in even more money now especially from the people who dont even know about the unlawful charges. At this moment in time the bank just seem to be in a win win situation until the OFT and more publicity brings the awarness about these charges. This seems like it is a reaction from all banks and credit cards over the last couple of months though with all new pricing stratagies coming through the post.

If you find this info useful please click on the scales in the bottom left corner of the thread :wink:

 

Vodafone To Remove Default Notices thread

Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help

Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB

Concluded Lloyds TSB for Girlfriend. 27/05/2006

Paid In Full Capital One £160 Settled

Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend

Paid In Full Cetelem £130 Settled

Paid In Full The AA £400 Settled

Paid In Full First National £160 Settled

PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180

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Guest ian cognito

Don't know if you've noticed but both the banks and credit card companies have also increased their interest charges as well, as there doesn't seem to be much we can do about this, it seems they will get their money back one way or another - anybody thought of the CAG bank? You've probably got 80,000 customers already!small monthly fee, no penalty charges and a credit card to follow......i wait with interest

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At this moment in time the bank just seem to be in a win win situation until the OFT and more publicity brings the awarness about these charges.
Dunno about "win win". Sounds more like a desperate last gasp to me. They know the writing is on the wall.

 

The silly thing is that if we do get a ruling about this the OFT or whoever is likely to want to punish those who have tried to screw the system for every last bit right up to the end by increasing their charges in this way.

RBS Current Accounts £3868 claimed, settled in full before court

BoS Visa Card £350.58 claimed, settled in full before court action

Capital One Visa £1356.79 claimed, court claim issued, agreed to settle for £1127.46

 

HFC Bank Marbles £408.85 claimed, promised to settle before court, still waiting for cheque

Barclaycard £552.66 claimed, offered £152, AQ filed

Lloyds TSB MoreThan card £312.70 claimed, AQ filed

MBNA Visa £2744.22 claimed, £1250.51 paid, AQ filed

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I've just had a letter from tthe Halifax that my credit card is going up to 21.9%... and I haven't even started a claim against them yet. They did cheerfully mention in the letter that it would "only cost me an additional 35p per £100"...

 

so that's ok then:rolleyes:

BOS CC1 S.A.R - (Subject Access Request) sent 14/9/06

BOS CC2 S.A.R - (Subject Access Request) sent 14/9/06

FD CC SAR sent 14/9/06, PAR sent 10/10/06 claiming £457, sodoff letter rec'd 25/10/06, LBA sent 26/10/06

MBNA CC SAR sent 14/9/06, reply 22/9/06 looking into it, sodoff letter +£400 GW rec'd 13/10/06

 

Let Battle Commence...

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At some stage one of the financial empires will grasp the opportunity to offer accounts that dont rip people off and grab all the unhappy customers. Its only a matter of time.

 

Lets be honest the first one that does is gonna have about 100,000 new customers from this site alone

7 actions in progress

 

amount refunded so far £6500

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Easymoney, here I come!!!! :-D

 

(Wouldn't want to go near Ryanomoney, though, lol)

 

But bear this in mind, (When, not if) ,These charges are deemed both unfair and unlawfull, (either by the oft or a test case in law) That the financial organisations will have to refund, not only the penalty charges, but any extra percentage rate increase that they might apply.

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But bear this in mind, (When, not if) ,These charges are deemed both unfair and unlawfull, (either by the oft or a test case in law) That the financial organisations will have to refund, not only the penalty charges, but any extra percentage rate increase that they might apply.

why is an increase in the percentage rate wrong?

 

the charges ou can argue, but the interest rate?

 

not trying to antagonise (spelling?) just wondering?

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Guest NATTIE

There is to be an investigation on overdraft charges that may well incorporate interest charges as well. I would like to see the OFT investigate interest charges on Credit Card interest as well as this seems to have been directly as a result of their ruling re charges for ovelimit fees, but hey we all wish for some things we may not get.

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I have also noticed an increase at Lloyds TSB and also at Barclays.

 

I really do think a new bank, with no penalty charges, just a small monthly fee, is the way forward.

 

The CAG Bank. Shall I post this in the Suggestions and Comments section?

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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why is an increase in the percentage rate wrong?

 

If you have taken money by unfair means, and have been told it's unfair, you are not entitled to keep it - raising tariffs on legitimate business to compensate for the loss of unfair revenues is de facto unfair in itself. If you steal £5, you can't later do something to justify keeping it.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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