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    • 3 copies court sols your file   no to mediation 1 wit you   the rest is obv.   on the copy to CEL or their sols if they state one do not give them email/sig/phone.
    • usual game by erudio in that the last confirmed deferment was about 2011 but erudio didn't issue a DN until some 5yrs later  so i was thinking of:    alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment . 1 The Claimant's claim was issued on dd/mm/yyyy.  2.The date last payment made was the dd/mm/yyyy   3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.  4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.  5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.   as we know drydens will claim thus its not SB'd.   sadly this case is somewhat complex in that there was some confusion by the OP upon this being paid off already, so had before they came here filed a defence stating such.    once the story was fully relayed, but which remains somewhat confusing still,  and things sorted out, it transpired this was for an honours student loan settled through Link/Thesis etc and nothing to do with the ones sold to Erudio.   it also transpired that a deferment direct to the SLC before 2013 sale, did not actually happen and SLC kept the details awaiting the OP to resubmit it, which never happened. this resulted in SLC taking payments because the Op's account was in arrears, this also latterly enabled Erudio, without permission nor any contact, to use the existing SLC DD to take payments in 2014 i think. which should not have happened.   i think thats it in a nutshell.    
    • Hi, I just wanted some advice from anybody who may have had a similar problem or might know what's going on please?   Last March, just as this pandemic took hold my  husband lost his job. No furlough, no redundancy pay or anything. Just finished. We knew nothing about claiming benefits but we managed to put in a claim for JSA and then UC (they just deducted the JSA from anything we were entitled to from UC)   later in the year, I made a claim for carer's allowance as I am my mums full time carer. She receives attendance allowance. I waited several weeks to hear anything back but the claim was successful and I reported this to UC.   My husband got a job again in August. This too was reported to them and his earnings meant that we received very little or nothing during that time. He then lost this job in December yet again due to covid and again we reported this and he again claimed for JSA.   He got another job in January and again told UC and JSA. We received pretty much nothing and the last payment we did receive, they deducted everything that was left for a tax credit over payment that we apparently owe from previous years.   We have now received a letter in our journal saying that we have had an over payment due to back pay of carer's allowance that I received last year after all the weeks of waiting. Fair enough, I don't really understand still how all of this works as we have always worked but they told us before that all earnings etc and things from DWP get reported to them anyway so they knew what carer's allowance I had received.   I then replied to ask if we can set up repayments for this and we then had another letter in the journal saying.. DO NOT IGNORE THIS MESSAGE We are carrying out a review of your information, and so I need to speak to you BOTH about your universal credit claim. We'll be checking a few details with you on this call to make sure you're entitled to universal credit. You might also be asked to provide additional evidence but we will discuss that on the call. If we can't get in contact or speak with you, your claim will be suspended and ultimately closed. There will likely be an over payment and this will be recovered from you.   This seems a bit serious is there anything I should be worried about? Or is it purely just a review to maybe close down the account now that my husband is back in work and earning more money? It doesn't mention the over payment so I am not sure if it is about that or not but my husband suffers very much with stress and anxiety and now he is panicking over this because he thinks that they are going to make out we have been up to something when we most definitely have not.   Admittedly, we have struggled with it because we have never claimed before and not been able to attend any face to face appointments etc but as far as I am concerned, we did everything asked of us.   The only other thing is that I now have £2000 in the bank sitting there as we are in desperate need of another car as this one we have is on it's last legs but I was told you only need to declare £6000 and over.   Any advice or anyone had the same please? Pretty confused. Thanks.
    • Using miley_b ob 's great letter as a template, is the below along the right lines:   Dear Civil Enforcement (CEL) Limited   I write in response to your Letter Before Action - Claim for Debt , which I have received in relation to PCN Number: ?????, you have issued in response to a case I have explained is baseless.   I am writing to notify you that I have no intention of paying these ridiculous and made-up sums of money, for allegedly breaking some imaginary contract with yourselves. Expecting me to pay you a baseless fine for not entering my cars registration details amounts to extortion. You already have my £2 for parking in your car park, a fact I'm sure you realise due to the fact you own all CCTV in the carpark. I would also reference the fact that the parking meter that issued me a ticket without entering my registration has since been fixed, which shows that you are fully aware of the problems it has caused.   You have also scored a big own goal by adding a £82 admin fee. Presumably, this admin fee is some sort of unicorn food tax. I suggest that you look at DDJ Harvey’s judgement at Lewes County Court on 05/02/2020 (Claim number F0HM9E9Z). He was not very happy with these made-up amounts, was he?   You can either drop this foolishness now or get a good spanking in court. The choice is yours.   Hopefully we will not be speaking again,   xxxx
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Lloyds sent account overdrawn with own charges


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Morning all, I have had ongoing problems with Lloyds since last year since they decided to split things, I was told I would no longer be under one manager who I had direct contact with through the North Midlands Agriculture ofice as this would be closing and I would have to deal with the call centre managers, for the last year

 

I have had no sense out of them when contacting them and not even a letter of acknowledgement when writing to them never mind a reply, anyway to the crux of the matter, things have been tight on the business last couple of months and I have gone over the overdraft a few times,

 

however despite me trying to talk to them about it nothing has been resolved and now they have started bouncing direct debits and cheques if they would take it over, however when applying thier own charges they have allowed these to take it over which I will then be charged on again no doubt, any advice appreciated, getting sense out of a call centre manager is like getting blood out of a stone!

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I think you should request a meeting to discuss the account, provided they don't charge for the meeting. You need to look through the statements to see where they have applied charges and see whether these were correctly applied or not. If you issued a cheque or a DD was due that would have gone over the ovderdraft limit, then they will bounce these and then apply the relevant charge. The charges may then take the account over the overdraft limit. The charges would be per the account terms, but i am not clear whether they can penalise you for exceeding the overdraft purely due to charges applied. Think you would have to submit a formal complaint to Lloyds and threaten to involve the FOS.

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I'm working on a sideways attack at the minute because my father also banks with them and it appears that the North Midlands Agriculture office never was closed as he is still under them with direct contact to his relationship manager who is apparently one of the helpful ones, so I have made a list of the charges and printed off copies of the letters that were'nt responded too and he is going to have a word with him and see if he can sort out whats gone on.

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things have been tight on the business last couple of months and I have gone over the overdraft a few times, however despite me trying to talk to them about it nothing has been resolved and now they have started bouncing direct debits and cheques if they would take it over, however when applying thier own charges they have allowed these to take it over which I will then be charged on again no doubt

 

An unplanned overdraft (i.e. borrowing above your agreed overdraft facility) is not guaranteed.

 

As you are already aware, there are charges for payments being returned. These charges are automatically debited from your account usually at the beginning of the month. Not having the funds available in your account doesn't void the charges - they still apply and they will still be debited, taking you into an unplanned overdraft (which you will pay more for). This is allowed as per the terms and conditions of the account and pretty much every UK bank account works in the same (or a similar) way.

 

Have you spoken to one of the business managers on the phone about potentially increasing your overdraft?

 

I'm working on a sideways attack at the minute because my father also banks with them and it appears that the North Midlands Agriculture office never was closed as he is still under them with direct contact to his relationship manager who is apparently one of the helpful ones

 

Does your fathers business have a higher turnover than your own? He might get the benefit of a dedicated Relationship Manager because of this.

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Hi yes spoken to them about increasing the overdraft and got the "maximum exposure" response despite all the borrowings being secured and the existing loans being paid down enough to leave some leeway on the security, I've had no response to letters sent to them either, it's like dejavu I could be dealing with TSB 20 years ago which is why I took the business account off them before, my fathers business does have a higher turnover but for the last 15 years we have both been under the same relationship manager through north midlands agriculture, agricultural businesses like mine and my fathers are usually under an agricultural manager as they have more understanding of the seasonal cash flow problems of our businesses, though I suspect I am now under a normal business manger which is whats causing the problem, although as I say getting anything out of them is like getting blood from a stone.

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  • 3 weeks later...

Latest update, apparently I am now under retail business banking and my dad is under commercial business banking due to differences in turnover, Lloyds apparently no longer have dedicated agricultural managers! Advice from my dads manager was basically to bend over and take it as if I continue to complain and kick up a fuss they may close the business account (wonder if he used to work for Natwest with that level of helpfulness) anyway after spending 15 minutes trying to get through the call centre whilst returning a missed call from the business manager (absolute farce, asking me security questions relating to our joint personal account which I have nothing to do with as they were repeatedly told) I finally got through to a helpfull and understanding manager, although when she asked me what my business was, I wasnt sure quite what to think I have been under retail banking for two years! Anyway outcome is fingers crossed they are going to waive last months charges to give me a chance to catch up, however I am still recieving letters of concern requesting information be supplied by x date but not stating what this information is, I have now written to them for the fourth time explaining I am not being awkward and I'm happy to supply the information if they tell me what it is, the last 3 letters have gone unanswered so I'm not holding my breath.

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I think perhaps you should be sending your letters to their Head/Registered office - pointing out that they are not making life easy for either you or them - if they don't make it clear what information is required.

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