Reclaiming charges under hardship

[ferrotty]

I'm going to try a letter to Lloyds on the bank charges any suggestions welcomed before I send it off thanks.

 

 

 

 

[EDIT]

 

27th February 2012

 

Lloyds TSB Bank Plc

25 Gresham Street

London

EC2V 7HN

 

Dear Sir or Madam,

 

Account No ********

 

 

I am writing to request that you repay all the charges in relation to direct debits, unauthorised overdrafts and standing orders that have been applied to my account in the past six years.

 

I believe the fact that I have been incurring bank charges goes contrary to the aims of the Lending Code (Section 9) and Banking Conduct of Business Sourcebook (section 5.1.4 ‘in particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty’).

 

Also Under the Unfair Terms in Consumer Contracts Regulations 1999 charges must reflect administration costs and cannot be punitive. I believe that the charges are unlawful as they do not reflect the true cost of going into an unauthorised overdraft.

 

My personal situation has been affected by the charges leaving me in financial hardship and I am writing to request that you take the following grounds into consideration

 

 

• I can’t pay my debts and have recently reclaimed PPI from you that were mis-sold to me, these extra premiums being one of the reasons why I could not serve my debt.

• My Income has been eaten by charges some £1800 in one year alone (2008) starting within 3 months of the loan I took out from you.

• Payments regularly returned due initially to the excessive charges levied on my account these charges were disproportionate to the debt I owed and were directly responsible for my spiral into debt.

• I have been constantly over my overdraft limit and you gave me no assistance when the high charges were being levied’, these charges have contributed to making my financial hardship situation materially worse; I do though acknowledge that you occasionally waved charges and Increased my overdraft but this was too little to late.

• I had been stuck in a cycle of charges and not being able to clear them before new daily or monthly fees and returned direct debits are added on top.

• I have over the time built up various debts with family and friends trying to help me but at least the award for mis-sold PPI has gone some way to paying my debts down along with the still outstanding money owed to the credit agency but it still leaves me in debt.

 

The charges total £2636 in unplanned overdraft fees plus £780 in returned Direct Debits and I ask that you repay me the full amount.

 

Plus as I believe I have been unfairly deprived of the money and I ask that interest at the statutory rate, the amount a court would award and I ask that this be added to my claim.

 

I have attached a full schedule of the charges with this document.

 

I look forward to a full response to this letter within 14 days and if I do not receive a satisfactory response I intend to pursue my complaint to the Financial Ombudsman Service or small claims court with supporting docs and letters from myself under the financial hardship criteria at the earliest opportunity.

 

Yours faithfully,

 

 

[EDIT]

Edited February 27, 2012 by ims21

[ims21]

I have started a new thread for you in the relevant forum.

 

I have also edit your post to remove the name. Please stop putting full name in your posts.

 

ims

[ferrotty]

I have started a new thread for you in the relevant forum.

 

I have also edit your post to remove the name. Please stop putting full name in your posts.

 

ims

 

Ooops keep forgetting

[ferrotty]

Can anyone knowledgeable comment on the letter

[rebel11]

Heres some more info:-

 

http://www.itv.com/daybreak/money/martinlewissection/bankcharges/

http://www.moneysavingexpert.com/reclaim/bank-charges

[ferrotty]

Cheers rebel11 I think I have covered the points.

[ferrotty]

Just had a letter back of Lloyds TSB offering £515 refund waving another £10 due in charges since March 2011,a small victory but don't know if I would be pushing my luck to try and get a higher offer what are your thoughts.

 

 

[EDIT]

Edited March 7, 2012 by ims21

[dx100uk]

well did you?

 

dx

[dizzy]

Just read this thread and was hoping for the final outcome too. Did you get an increase in your negotiations?