Excessive unfair charges claim and irresponsible lending .

[Frankies mummy]

Hi ,

Im new so sorry straight away if this is done wrong but I just wanted to get some advice to see if I’m wasting my time .

I have had several credit cards many from 2014/15 which have now been cleared however when I opened them I was in financial hardship , I was given increase after increase even after having defaults on my accounts , I was charge £30 a time for going over late payments etc.

The cards were with vanquis, Aqua ,barclaycard and marbles plus capital one.

 

I’ve initiated an irresponsible lending claim and also a DSAR for my bank accounts I had back then too as those also got charged almost weekly with going over fees etc.

lloyds gave me a overdraft I’ve £200 to start the somehow it got upto £5,000 in 2 years ! On a £600 per month topshop which wage which inevitably defaulted .
 

yes I’m silly and yes it was my fault but I also genuinely believe that I shouldn’t have had the increases on my cards and overdrafts in hindsight. This was in a very horrific time Of my life that I won’t go into but that’s why I was so foolish . 

as I say these are laid off now and I’m a lot more sensible now . 

my questions are .

 

is it too late? 
 

the Lloyds bank was wound 2018

the credit cards maybe 2015

 

I did have a RBS account also which would be maybe 2008 , that defiantly had overdraft charges etc and also we paid for a premium but can’t remember what . Would the deadline defiantly have passed for this one? 

is it worth the time perusing the cards and banks or have deadlines passed.

 

I have requested DSARs for everything and h e downloaded my credit file for what I can see but obviously this only goes back 6 years , is there anywhere I can see past this ? 
 

I have already got my Lloyds statements .

any advice would be brilliant , I’ve started my claims through resolver with the basic templates .

 

thanks again 

 

Leanne 

 

[dx100uk]

no CRA file is only 6yrs .

you are going to have a  very difficult time claiming irresponsible lending upon anything outside of 6yrs without proof your credit file atthe time was shot with defaulted accounts and late penalties, most lenders bar the original creditor can see those .

and if you made regular payments too that sort of negates any claim they should not have increased available funds, on any type of credit.

default or fixed sum penalty charges are reclaimable as the FCa deemed them unlawful years ago, but again anything outside of 6yrs and TBH 3yrs is not reclaimable. they will cite you should already have reasonably  known they were . 

[Frankies mummy]

I thought this would be the case , I thought if got the DSAR from my bank and other lenders it would show the missed payments etc to cross reference in the absence of my credit file 
so 3 years for unfair fees ? Back to 2020 is as far as I can claim?

Thanks for replying , il probably just leave it now as stated I’m sorted financially now however it took a very long time . 

Sorry I should say that there was absolutely late payments etc , but they wouldn’t still show on credit file but would in the DSARs that I’ve requested from each company ?

[dx100uk]

Under the dispute resolution rules set out by the Financial Conduct Authority, businesses are entitled to not consent to the FOS looking at a complaint on the six and three years rules.

they will look at whether it’s been more than six years since the charge(s) were levied and more than three years since you became aware (or ought reasonably to have become aware) that you had cause to complain. 

[Frankies mummy]

Hi there

First response back from Lloyds

they agree the complaint should be upheld and have refunded interest of £371 , now the overdraft actually goes back a further 1.5 years than this , I genuinely only became aware I could make a claim about a month ago after seeing a claims specialist advert , that’s when I started my claims . 

does this cover the 3 years of when I should have reasonably knew ? 

how do I go back to Lloyds ?

They have details they completely agree the borrowing should not have happened but they state they have limited records, I have all of my statements prior to this point to show the same concerns they have . 

please can anyone advise what I should say to them when I ask them to consider the 1.5 years prior . 

Thanks

Leanne

i also note they have only refunded interest not charges , should I ask for the charges also to be refunded and 8% 

happy to Goto Ombusmen as have seen a high success rate with cases being over six years old. 
 

Edited July 7, 2023 by dx100uk
just type no need to hit quote..