Harassed by Lowell over Old LLoyds OD balance mostly charges

[SUNDERLAND1]

The ex misses is currently dealing with a lowell stat demand,

 

however they are hounding her for another debt not mentioned in their stat demand.

 

The debt is off an overdraft on her old Lloyds TSB current bank account.

 

She is recieving 2 or 3 phone calls most days and numerous letters.

 

The debt is for just over £600

 

however she was charged over £1000 in charges on this account.

 

Any suggestions regarding dealing with this one ???

 

Is their a particular template letter in the library to send to lowell when a debt is made up completely from unfair charges,

or in this case the charges actually exceed the debt.

Thanks.

[unclebulgaria67]

I didn't think you could claim excess overdraft charges back, unless the bank had been advised of the problem, hardship etc. You would have to SAR LTSB to get hold of all the info, to see what happened and to follow up with a complaint to LTSB, if they mishandled the account being overdrawn.

[SUNDERLAND1]

She has sent a SAR to Lloyds and had all the info back.

 

Its almost 6 years ago now she stopped using the account,

she was less than £100 overdrawn but within her £100 overdraught facility.

 

She had a direct debit every month for a Lloyds loan

and knew she was not going to be able to pay any money into the account for the foreseeable future to meet the loan payments.

 

Lloyds for obvious reasons would not cancel the direct debit which would have avoid charges and going further overdrawn.

 

for the next 10 months or so they continued each month to attempt to take the monthly loan payment

which obviously just bounced back and kindly charged her returned direct debit fees

 

once the account was overdrawn by more than £100 also charged her excess overdraught fees every month.

Hence the account ended up overdrawn by over £600.

 

The accpount is now closed and owned by lowell.

 

PS just in case your questioning my maths lol,

she was also charged a number of times in the months prior to stopping using the account

all of which adds up to over £1000 in charges.

So are you saying this wont make any difference to lowell then ???

 

Thanks.

[unclebulgaria67]

I think a complaint to LTSB would be in order.

 

They are still responsible for their handling of the account.

 

If they don't resolve, it can be passed to the FOS, as it is not currently subject to any court action.

 

Advise Lowells of the complaint to LTSB and they should put collection on hold, per OFT guidelines.

 

The OFT guidelines tell DCA's to put on hold collection, where there is a genuine ongoing dispute.

[dx100uk]

no point in involving the FOS they wont do anything with a bank charges issues.

 

dx

[dx100uk]

so what is the defaulted date on the debt summary please

[SUNDERLAND1]

Anyone got an idea of when this would be classed as statute barred ???

 

We have looked through all the original paperwork and the SAR information they sent

and can not find anything resembling a default notice.

 

Remember this is an overdrawn balance on a current bank account.

 

The last time any money was paid into the account was mid december 2007.

 

As previously stated Lloyds continued to attempt to take their direct debit payment each month

and add charges each month until well into 2009.

 

Any help much appreciated Thanks

[dx100uk]

not yet that's for sure I bet.

 

have you put in an official complaint yet

with a list of PENALTY charges

[unclebulgaria67]

not yet that's for sure I bet.

 

have you put in an official complaint yet

with a list of PENALTY charges

 

It must be coming up to being statute barred within the next few months. So as dx suggests, get the complaint into LTSB and advise Lowells of the debt being in dispute.

[SUNDERLAND1]

Thanks for the advice. Quick question :- Does putting in a written complaint to Lloyds not acknowledge the debt and reset the statute barred clock ??? thanks

[unclebulgaria67]

Thanks for the advice. Quick question :- Does putting in a written complaint to Lloyds not acknowledge the debt and reset the statute barred clock ??? thanks

 

No. You can put a sentence in which says that you do not acknowledge any debt to Lloyds group or any other company the account has been passed or sold to.

[SUNDERLAND1]

Hi does anyone know which Lloyds office we should send the complaint letter to regarding the charges. Remember the account has now been closed down so i assume just going into the local Lloyds branch to complain would not be appropriate ??? Thanks.

[Guest]

branch should be able to advise re a complaint, even if re closed a/c.

otherwise, as per their website re complaints; lloyds, customer services, bx1 1lt.

[citizenB]

You could send it to their Head/Registered office and it will be directed from there.

[SUNDERLAND1]

Thanks for the information folks. Is their a template letter in the library that i could use as a guide regarding the complaint or can anyone give me hints as how to set the letter out ??? Thanks