ravingcreditor v Lloyds

[ravingcreditor]

Hi to all on this great site and good luck to everyone reclaiming:)

 

Several months ago I decided to successfully reclaim my bank charges from nationwide it took a while but i managed, now however I have recieved a letter from Lloyds saying my account is overdrawn by £104 this is due to charges as i do not use this account so have decided to now reclaim the hundreds from them from the last 6 years, they have stated in the solicitor headed letter:-| that I have a default from them, I do not remember being advised of this?? so I will press for this to be removed as well. I am now going to send my SAR and the 40 day deadline will start from then.. they have advised me to phone them within 7 days to come to an "arrangement" although I have previously been advised for any correspondence to be written only does anyone think this is right or shall i ring them, come to an arrangement, then start my SAR?? Although i feel quite confident as I have done this before, there are still butterflies and any help will be greatly appreciated.

Thank you in advance

[sarah13]

this is just my opinion- i am not a expert.

i would start the sar process and if you call them tell them that you have requested sar details as the account is in dispute. they will probably take no notice and continue on the road they are on, this is what abbey have done to me- altho i have been settled, i am still receiving bad letters from their debt recovery company. If its only £100 you could pay it to avoid all the extra crap but i wouldn't reccommend this as its them who owe you money not the other way round. good luck

[ravingcreditor]

Thank you for your reply sarah13, I have wrote a letter to Lloyds, I agree I think it needs tweaking a bit but if anyone could tell me if this is ok?

 

Dear Sir/Madam

I write following your correspondence dated 3rd January 2007, I am aware that these charges have been levied to my account, although am still awaiting phone correspondence from the bank manager which was promised during a recent telephone call from one of the branch staff regarding this account. However, as the account is now overdrawn due to unlawful bank charges I shall dispute this and I have sent a Subject Access Request to the branch in order for other unlawful charges to be added. I will also be asking when the default notice was sent and as I have not had any other correspondence in relation to this debt apart from regular monthly statements. I furthermore request that all correspondence now be in writing

If anyone can think of anything else I can put in there it will be appreciated it seems a little vague?? of course i will not be sending this until I have my SAR ready to go. Which has to be within 7 days otherwise they will start court action and I dont want anything else bad on my credit file its bad enough:p

Thanks

[thumbs_up]

You haven't mentioned whether you can realistically afford the £100 to settle the account.

As I see it you have a few options:-

 

a) If you can, send them a cheque for the £100 with a covering letter stating that this payment is being made in terrorum and you reserve the right to pursue them for it through the County Court.

 

b) If you can't (or don't want to) don't be too scared about their threat of Court action, it may actually be quite beneficial. In this instance, write them a letter stating that the account is in dispute, that you refute any allegation that you legitimately owe them this money (state why) and that if they wish to take action against you for it's return, that you will counterclaim for all of the sums that your SAR brings to light, plus deletion (NOT amandment) from your credit history of all entries that reference defaults or bank charges.

 

Make sure that when you send them your SAR you include the addendum for default removal, by the way (it's in the templates library, haven't got the link at the mo').

I'm certainly not an expert, but that's the way I see it. Play the game and don't worry just make sure all of your communication is by way of writing from now on (where possible).

Hope that helps!

[ravingcreditor]

Thank you thumbs up yes that seems a better way to play it (no2) and no i cant afford to pay this amount at the moment even if i could i would be reluctant in any case, thank you again i will tweak and get back for you to have another look if nobody minds??

thanks

[ravingcreditor]

how does this sound now??

 

Dear Sir/Madam

I write following your correspondence dated 3rd January 2007.

Your letter refers to my account being overdrawn, although as I see this, this account is overdrawn due to bank charges being levied to my account, I refute any allegation that I owe this money legitimately to you as these charges are unlawful. If you wish to take legal action in order to recover these charges I will immediately counterclaim for all the sums in which my Subject Access Request brings to light, plus deletion from my credit history of all entries that reference charges or defaults.

I furthermore request that all correspondence now be in writing.

I shall await your response before sending my Subject Access Request, however if I do not hear from you within the next ?? days I shall go ahead

does this sound too threatening?? or do i need to add more?? or is it ok??

[thumbs_up]

No worries fella. Any questions, just shout.

As I said, I'm no expert, but you quickly develop a feel for these things! Get the SAR off now though (then the clock's ticking)

[thumbs_up]

How about this?

Dear Sir/Madam

I write following your correspondence dated 3rd January 2007.

Whilst I concur that my account is currently overdrawn, may I bring to your attention the fact that this is the case is due solely to the punitive charges that have recently (??) been levied on my account.

Not I only do I consider these charges punitive I also consider them unlawful and as such I consider this sum to be in dispute. I am taking steps to have these sums verified and hope that you will enter into sincere dialogue regarding their reimbursement . Your cooperation in this matter would be very much appreciated.

I must warn you at this stage that if you wish to take legal action in order to recover these punitive penalty charges, I will counterclaim for all sums that my Subject Access Request brings to light, plus statutory interest pursuant to s. 69 of the County Courts act 1984. In addition I will seek deletion of all entries that reference charges or defaults in my credit record.

I furthermore request that all correspondence now be in writing to the address at the top of my letter

 

Don't wait for their response b4 senfing your SAR, do it now

[thumbs_up]

There's probably a few typos in there as I've only done it quickly, but that's the gist . . .

[ravingcreditor]

That is absolutely fab, thumbs up, it is now in an envelope with stamp on ready to be posted, unfortunately i'll have to wait until payday to send SAR, ( well it is 2 weeks after xmas! )

 

Thanks again for your help, you guys are great!!

[thumbs_up]

No worries. We're all on here to help one another and if I'm not about, someone else will be (who'll probably know a great deal more than I do!)