65yrs old pensioner on benefits - Nelson Guest\Court Papers/Lloyds OD - ***Claim Dismissed***

[sytra]

A little bit of background,

 

my disabled mother got into a bit of bother and started to get penalty charges added to her account back in 2007 just before the test case,

 

she sent her SAR off to Lloyds and they responded by sending a list of charges and fees added since 2001,

as a result she put a claim in for around £3500 in just fees,

but Lloyds refused to look at it until the test case was decided.

 

She wrote again a couple of times pleading with them as the money was being taken from her disability benefit

and pension and she was being left with nothing to live on,

twice they promised to look into her hardship case, twice she never had a response.

 

Skip forward a few years,

after being passed around the DCA's it finally went to Nelson Guest and Partners

who have now issued a Northampton Court Claim,

 

this was issued on 5th Nov and today we acknowledged it online saying she intends to defend it as she feels that the charges

and fees they have taken from her in the past far out ways what they are claiming.

 

She doesn't remember ever receiving a default notice but as she is getting on a bit she might be wrong (her words, not mine),

we have most of the paperwork from when we SAR'd Lloyds a few years ago but just wondered where we go from here?

 

I believe we have to send a CPR 31.14 to Nelson Guest to try and find out what info they actually have, anyone have a link the CPR that i can copy and edit please?

 

Is there anything else we have to do?

 

Baring in mind my mother is 65yo on a pension and disabled she is panicking like mad as she thinks they are going to take her house and all her money etc, she is constantly being ripped off and it's about time something went her way for once!

 

I look forward to any responses

 

Thanks

[BRIGADIER2JCS]

Has the account been defaulted by Lloyds?

How much of the claim is charges/fees?

[BankFodder]

Also can you tell us how much of the claim refers to charges after 1st Nov 2009 and how much predates that?

 

Do you have copies of the letetrs which were written to them informing them that they were taking benefits?

[sytra]

As far as i am aware the whole lot they are claiming is charges and fees, and yes it has been defaulted it is showing on her report as defaulted in May 09

[BankFodder]

I would also like to know on what basis were the charges levied. In particular, were they levied for overlimit payments which were authorised or where they levied in respect of overlimit payments which were not authorised so that the cheques/DDs were bounced but a fee was still levied?

[sytra]

Also can you tell us how much of the claim refers to charges after 1st Nov 2009 and how much predates that?

 

Do you have copies of the letetrs which were written to them informing them that they were taking benefits?

 

I am not sure how much is after Nov 2009 i think they stopped adding charges around 2009, she has not done a SAR since 2007, yes we do have the letters informing that the money was coming from benefits.

 

I have just found an enforcement notice dated 11th August 2008 and at that date the demand was for £853.37 so has gone up by around £300 since then.

 

I have just found a default notice for the account in question.

 

I believe that the majority of the charges stem from the bank keep authorising payments then charging overlimit fees which just spiralled, then they started to decline payments and charge again, i finally found out what was going on and got her a new acc at another bank and got her to write to the bank an cancel all her DD's and SO's, since changing banks she has NEVER been overdrawn

Edited November 12, 2012 by sytra

[BankFodder]

OK. I think that it will be useful to know about the pre-1.11.2009 history.

It would be useful also to know the wording of the letters which were sent.

Also the reason for the charges.

Ir wasn't a basic account by any chance was it?

[BRIGADIER2JCS]

A default should not be placed where the default sum is made up of charges without which the account would not have defaulted.

[sytra]

I don't have a scanner with me at the minute but the default is written like this:

 

Dear Mrs xxxx Date: 30th August 2008

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

DEFAULT NOTICE (served under section 87(1) of the Consumer Credit Act 1974)

 

Cheque Account No xxxxxxxxxxx

Cheque Account Balance £xxxxxx

Unplanned Overdrawn Amount £xxxxxx

 

Which part of the agreement have i broken? - The terms of the Overdraft Agreement include the right of the bank at any time to request immediate repayment on demand

 

How have i broken the Agreement? - You have breached the agreement by failing to pay the overdrawn amount in accordance with the Enforcement Notice issued under Section 76(1) of the consumer credit Act 974

 

What do i need to do to correct this? - You must pay us £xxx.xx by 17th September 2008 plus interest which is accruing daily, directly to your Lloyds TSB Branch. The due amount is based on the account balance today, receipt of any further debits or credit or a variation in the interest rate will result in amendment to the amount payable.

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN, NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

What will we do if you do not correct your breach? - We will refer your account to our solicitors to commence legal proceedings against you to enforce the security which we hold under the Overdraft Agreement. This will involve you in additional costs which we will add to what you owe us.

 

We will also register information about your failure to pay with these credit reference agancies: Experian Ltd, Equifax Europe Ltd, Callcredit Plc. They will keep this information on their records for six years. This information is often used in the finance industry to asses how well you manage you finances. It may also affect family members or associates if they have a relevant financial association with you. If you later settle your debt this will be recorded, but the record of the original default will not be removed.

 

You may be able to avoid this if you phone us now with an offer to repay what you owe.

 

IF YOU HAVE DIFFICULTY IN PAYING THE SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

 

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE, FOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS ADVICE BUREAU.

[sytra]

OK. I think that it will be useful to know about the pre-1.11.2009 history.

It would be useful also to know the wording of the letters which were sent.

Also the reason for the charges.

I will try and find the information tomorrow as my mother has all the paperwork, but the letter informing them of the benefits etc was taken from this site

 

 

Ir wasn't a basic account by any chance was it?

No it was a gold account

[dx100uk]

moved to legal forum

 

thread title slightly changed at tweeted to lloyds.

 

i think appropriation of benefits to bank charges might play a part here too?

 

dx

[sytra]

Sorry for the delays but in the middle of moving at the same time, have scanned a copy of the letter that was sent to Lloyds re the charges

 

 

 

All the charges seem to stem from Lloyds paying out DD's even though my mother was either very close or over the OD limit, they then added fees and charges to the account which took her over the limit for the next month, when the cycle started again, she had more coming out every month than was going in and every penny in was from benefits of one type or another

Edited November 22, 2012 by sytra
deleted images, still see info

[sytra]

Finally got the images to show without the personal info showing!! Any help would be appreciated as my mother only has a couple of weeks left to get her defense in

[BankFodder]

We need to see the claim form as well please.

 

I suggest that you put it up quite quickly because this is not something you should delay on - moving or no moving.

Ta

[sytra]

Will get the claim up asap, it is hard as where we have moved to we dont have any internet access so having to try and do it as when we can

[BankFodder]

I'm sure that it is hard - but I'm afraid that when you are dealing with an organisation like a bank, they aren't interested. That's why they took your benefits.

[AndyOrch]

Sytra if this proves problematic perhaps type out the Particulars of Claim (verbatim less any identifiable data) rather than scan the N1 in.Speed is of the essence though.

 

Regards

 

Andy

[sytra]

Here is the claim form, it took us ages to realise what account it was for as it has a different account number from anything my mother has had, but finally managed to find it

Edited November 22, 2012 by sytra

[BankFodder]

Is that correct that they have made efforts to agree repayment?

Can you tell us a bit about that please.

[AndyOrch]

You have left the account number showing sytra.

 

Andy

[BankFodder]

So what you want to say is that you don't owe them any money at all and in fact they owe you money because their claim refers to charges which they have applied to the account in breach of the AJA 1992 - and on top of that there is the matter of additional charges - about £3,500 which they have actually taken from the account also in breach of the AJA 1992.

Is that correct?

 

Are you able to tell us what they mean by their efforts to agree payment?

 

Also, although it is unlikely, this matter could end up in court. Unless you instruct a solicitor - which wouldn't normally be necessary - your mother will have at least to be present in court and she will need help to present her case.

This is nothing to worry about and the judges are normally very helpful to people who are representing themselves - especially when they appear vulnerable - but do you think that your mother can do this? Are you able to be in court with her and take control of the case?

[sytra]

So what you want to say is that you don't owe them any money at all and in fact they owe you money because their claim refers to charges which they have applied to the account in breach of the AJA 1992 - and on top of that there is the matter of additional charges - about £3,500 which they have actually taken from the account also in breach of the AJA 1992.

Is that correct?

 

Yes this is correct, she just feels that she has been unfairly treated by the bank, on 2 occassions they promised to look into the hardship, on both occassions they never responded until a DC letter turned up a few months later.

 

Are you able to tell us what they mean by their efforts to agree payment?

All she has had is the odd letter from various DC'c offering a time limited discount or a few letters telling her to contact them (the DC's that is), all basically saying that they see no reason why payment cant be made

 

Also, although it is unlikely, this matter could end up in court. Unless you instruct a solicitor - which wouldn't normally be necessary - your mother will have at least to be present in court and she will need help to present her case.

This is nothing to worry about and the judges are normally very helpful to people who are representing themselves - especially when they appear vulnerable - but do you think that your mother can do this? Are you able to be in court with her and take control of the case?

 

I have already told her i would be there, although not sure how much help i would be

[sytra]

You have left the account number showing sytra.

 

Andy

 

Is it still showing? i cant see it my end

[AndyOrch]

Is it still showing? i cant see it my end

 

 

Yes I will remove it for now until you can amend and repost.

 

 

Andy

[AndyOrch]

Have you retained all the paperwork from your Mothers (intended) claim (£3500)? Have you entered this on a spread sheet and is there interest accumulating? (Compound )?

 

 

Regards

 

Andy