Pen vs Lloyds TSB **TOTALLY & UTTERLY WON!**

[Pen]

Hi Bella, thats just what I was trying to say. how clever of you to be able to make it sound so simple. I'm hopeless at it.Thanks for the advice thats what I will do

Pen

[Pen]

Hi all. I sent the bank a s10 letter and a the first letter requesting my statements. I am still receiving phone calls from the credit agency, should this still be happening after sending the s10 also I have received half of my statements so have wrote back requesting all of them. today I received a letter from TSB to say how sorry we are to receive my complaint along with a leaflet on how to complain. I understand from posts on here that a lot of people have received similer letters and to just continue following the guild lines set out here. I all OK with that and the advice I have received regarding it. What I am unsure about is the s10 what do I do now where thats concerned.

Thanks Pen

 

Statements half received 16/11/06

letter of apology received 18/11/06

[Pen]

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[gizmo111]

Hi all, well its happend. I received a letter from BLS collections today saying they are going to pay me a home visit what do I do. Should I call them and inform them that I have requested my banking history because I am in dispute with the loan and chargers or should I send them a letter, I hope someone will read this and advice me as I don't know where else to go for advice.

Pen.

 

No - don't call them they will just intimidate you - are you paying anything towards this debt at all at moment. It is most unlikely that someone wil lcall at your home and if they do you do not have to speak to them - they have no rights -they are not baliffs.

Your q further down your thread re statements not arriving - quite often they come in a few packages - so see what the next post brings. When is the 40 days up?

[Pen]

Hi gizzmo111, no I have not payed anything yet, not even contacted them they leave calls on my answer machine and send me letters stating they are going to make a personal visit to my home. I sent the first letter on the 29//06 along with a s10 letter. I have received half of my statements from the bank and a letter expressing their apologies along with a leaflet on how to make a complaint. what should I be doing regards the s10 letter if anything

Thanks gizzmo

Pen

Pen

[Pen]

Hi, I followed advice on here and sent Lloyd's TSB a s10 with my SAR request but I am still getting letters from BLS the letters are getting more and more threatening. should they still be communicating with me in this way. as I thought the s10 stopped this. I have received conformation of the s10 from Lloyd's. could someone please advice me

Thanks

Pen

[Pen]

Hi all, I received a response from my s10 to Lloyd's TSB informing me that a s10 does not apply to them under s10(2) and para 1 & 2 of schedule 2, is this right ? still not received a full set of statements.

Pen

[Pen]

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[breadline]

Bump

[Pen]

Hi everyone,

TSB wrote back saying s10 does not apply to them for reason of : (section 10(2) and paragraphs 1 & 2 , is this right, I have put this post in other treads but i have had no response, anyone know the answer to this, do TSB have to comply or are they right

Pen

[Pen]

Hi everyone

I have been working out the chargers taken out from accounts with Lloyds

We had 6 Different currents accounts.

 

Single A/C from Jan 01 to Feb 02 chargers = £1,793 thats with contractual Interest. I would also like to claim for a loan of £5000 which was given to cover the chargers.

 

Joint A/C from Jan 01-Feb 02 Chargers + £2,593 I am also wishing to claim a loan of £5000 again taken out to cover the chargers

 

Joint A/C from Jan 03 to Dec 06 £2,601

If I was to be able to reclaim these chargers the total would be £15.987.plus

Thats without any damagers etc, does anyone think a court would award this type of money back, I have all the statements to show and I've done the interest calculations right, it is ever such a lot and I've not told my husband yet that I have been working for weeks on this.

 

I could repay all my bills in full and have a holiday whoa, One small problem. I cannot afford the court fees, to reclaim them as although I'm on benefits I am not on IS, how depressing is that. Oh How we live and Dream

 

I also believe that for our other accounts, and the chargers for the above missing years statements, the chargers for these would be another £6000

[newacre]

if you are on benefit then you may be exempt from court fees. get a small claims pack from your local court. it will have a booklet in it, "EX160A - court fees and do i have to pay them?" it includes a form at the back which you use to apply to be exempted. don't be put off!

 

here is the link within this forum;

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/2147-court-fees-do-you.html

[arni999]

I doubt very much that you would be able to reclaim the loans as both are for far more than the amount of charges. I think the courts would ask 'why would you need a £5000 loan to pay off £1793 worth of charges and then another £5000 loan to pay off £2593 of charges?'

 

Obviously these charges only amount to a total of £6987 (including your 3rd account). Although these still amount to a lot of charges, you would have a hard time justifying loans amounting to £10,000 just to cover the charges. Another point that might be raised is the total amount of charges that were accumulated at the time of taking out the loans. No doubt they will be less than the figure stated now which might make the claim even more difficult to stand up in court

 

Also if you do proceed with the full amount, it would be more complicated as the small claims court only deal with claims under £5000. You could still use small claims court but you would have to do it via multiple claims.

 

I'm not trying to sound negative, just realistic and you should definately claim back the charges. It might be worth working out the total amount of charges that had accrued up to the point of taking out your 1st loan. If indeed they were equal to or greater than £5000 then you might be in with a chance of getting it back as you could argue that, had the charges not been applied you would have been £5000 better off, in which case you wouldnt have needed the loan. Or something of the sort.

 

Obviously i'm no legal expert and i'm basing my information what i have learnt over the past few weeks. Maybe someone else might have a different answer. Hope this helps though and good luck with your claim!

[maxine989]

I agree with arni. I think trying to claim the loans back is very unrealistic.

 

My advice is to tackle each account seperately. You need to be very accurate with your figures. If it seems as though you are trying to claim money back here and there that has not been unlawfully taken from you, you will not have the credability for the banks to take you seriously.

 

unfortunately, the loans you were offered to pay off your charges were offered to help you out of a sticky situation... However, it is the banks way of keeping you where they want you... paying them lots of interest on a loan that you have had to agree to when there were no other options. It is very sad, but many people on here have got huge loans that have been offered to them when their account begins to spiral out of control (usually due to unlawful charges been taken, resulting in more and more returned direct debits).

 

The best thing you can do.. is persue the banks to get all your chages back following the guidelines on here using the appropriate letter templates... then, when you have your settlements, use the money to pay some of your debts off... starting with the debt that costs you the most interest. You will slowly begin to see the light at the end of the tunnel. You might have to put a hold on any holiday, but at least you will have peace of mind.

 

Good luck with your claims. Maxine

[Bookworm]

Yes, I do think it's ridiculous, but not for the reasons you mention.

 

I think it's ridiculous that you think you can get £16 k refunded, when your charges -including contractual interest, which means that the interest probably exceeds the amount of charges- amounts to a max of £7k, and seem to think it could work. And damages as well? Why? How?

 

How much (without any interest added) in charges did you incur, as a matter of curiosity?

[maxine989]

Yes, I do think it's ridiculous, but not for the reasons you mention.

 

I think it's ridiculous that you think you can get £16 k refunded, when your charges -including contractual interest, which means that the interest probably exceeds the amount of charges- amounts to a max of £7k, and seem to think it could work. And damages as well? Why? How?

 

How much (without any interest added) in charges did you incur, as a matter of curiosity?

 

They were my thought exactly, but I didn't like to be so harsh...

It is rather ridiculous... especially with the mention of a holiday too... very unrealistic..!

[arni999]

I think Bookworm has said what we were trying to avoid saying maxine!! lol.

 

I was just trying to be diplomatic

[Bookworm]

Diplo-what? :-?

[Guest ian cognito]

Diplomatique bookie, I can understand why that got lost in translation!!!!

[arni999]

Now i'm lost! What are you going on about? :confused:

[Pen]

Wow, that got a response, I agree with you all , thats why I titled this thread ridiculas. With regards to the Loans. The reason for these loans where not just to pay chargers, I already had a loan account with Lloyd's but when I started to get in to arrears with it not only was I being charged bank chargers but also loan chargers, so the 5k loan did not go into my bank account, it was just a figure on a piece of paper that I had to sign, what it did do however was repay the first loan and the chargers. I don't think I am making myself clear. so I will try again I had a loan on my account Hubby had one on his account 2 loans both got into arrears we were told we had to take out 2 new loans to pay off the old loans and chargers the old loans only had 2 years left to run our new loans are for 5 years if they had not took so much in chargers the old loans would have been paid by now does that make any more sense, I hope so or I'm getting confused as it was advice I got from here which stated that if I could show that the loans where given to pay back loans then I could try to claim them back. if this is not so then I need help

This was the advice I was given on this site, when I first asked for help, I gather then that this is wrong. I know you should'nt take all advice as right but I did believe this person, silly me

First off if it can clearly be seen that these earlier loans were given to address your unlawful charges then you have recourse for claiming this money back in addition to the charges themselves.

[Pen]

Sorry another thread I just read and quoted below. So in addition to claiming back a loan that I can clearly show was given to pay of the initial loan and chargers. taken other advice like this one from this forum of people who have claimed damagers do I not make a claim for the loan and damagers. this does get confusing with so much info from different people

even with reading FQAs how do you work out who is right and who isn't, I do not want to look silly when in court so could someone advice or I will have egg on my face so to speak.

 

This is what I read in one post but there are plenty simmiler. This person claimed back £4519.38 on chargers totaling £1357.50, and no loan

 

.) Refund of Charges - £1357.50

Subject Access Request Fee, in the amount of £10.00, that the Claimant was required to pay in the perusal of this case

2.) £100.00 as compensation for the significant inconvenience caused to the Claimant by the Defendant erroneously levying the Charges to the Account;

3.) £500.00 compensation for distress caused to the Claimant by the Defendant erroneously levying the Charges to the Account;

4.) £100.00 to remunerate the Claimant for printing, photocopying, admin, general and other expenses necessarily incurred, and also the time spent in preparation and perusal for this claim;

5.) £150.00 exemplary damages;

6.) £100.00 aggravated damages

7) Contractual interest (29.84%, non compounded) - £2201.88

[Pen]

OK, I give up, I came to this site for help and guidance, but from re-reading your post it just seems like somewhere to go for a joke and a laugh. Bookworm If you would like to take the time to read my original thread Pen-V-TSB you would maybe agree that I was advised to try and claim back the Loans by a Moderater, much like yourself, on reflexion I did think it was ridicules thats why I posted this thread. But I'm happy knowing I have put a smile on some of your faces and at least i've learnt a valuble lesson which is to stay clear sites offering help.

[Andy Ross]

Why not start by claiming back the unlawful charges?

 

That's the advice you were given, quite sensible. trying to claim back the loads is a differn't Kettle of parsnips

[Bookworm]

Pen, the 2nd case you quote is a very experimental case, and one which, if I recall, the OP clearly stated that it was not valid for everyone.

 

You still haven't answered the main question: How much in charges have you incurred, before adding any kind of interest?

 

There is no need to get on your high horse. The reason I answered the way I did is I could see you embarking upon a process where you are, in my opinion, likely to fall flat on your face and I wanted you to pay attention.

 

I will now go and search for your other thread, and look at the circumstances under which you were advised, as I am not about to comment on someone's post wthout reading it first.

 

For future reference, if you keep all your queries and updates on one thread per claim, it makes things a lot easier to find and follow.

 

Back once I've caught up with the rest of the story.

 

[edit: I've now merged 6 of your threads, hopefully, it will help making sense of it all]