Vikki Arda v Lloyds

[Spiceskull]

HSBC-4 Accounts-sent DPA 16/04

Capital One-2 Accounts-sent DPA 16/04

Barclaycard-sent DPA 16/04

Monument Card-sent DPA 16/04

Woolwich-sent DPA 16/04

 

No I mean like it is shown above under your name when you send a message.

If you click the 'UserCP' button you can edit your 'signature' - which is everything below the straight line in your post.

[Guest Lueeze]

Go to signature on your user CP

 

and put it in there

[VIKKI ARDA]

I have an agreed overdraft of £5800 but my claim only totals £1234 is it wise to continue with the claim or do you think they will call in the whole of the overdraft? There is no way I can afford to pay this back at any great rate or in one go.

I am about to send my first letter am I correct in thinking that overdraft interest cannot be claimed?

[Guest Lueeze]

Unfortunatly you cannot predict what the bank might do!

 

They may close the account but usually this isnt done very often! In which case they wiil ask for your OD back!

 

Good Luck!

 

Lou x

[VIKKI ARDA]

What can they do if I can't pay it back all at once, can they take me to court or are they obliged to accept an offer of settlement.

[Loula]

They usually send you and income and expenditure form first then try to agree a mutually acceptable pay back amount.

 

If it ever got to court. Make sure you attend and fillin the court income and expenditure form. The judgment can then be made with your needs taken into account.

 

I doubt it would get to that though unless you persistently defaulted on paying them back.

 

LOULA

[jonni2bad]

LOULA

 

Am I correct in thinking that if they call it in, even if the account holder works out a payment schedule, they could still issue a Default Notice?

 

If so, it's another very serious point that needs making to the OP

[Guest Alison82]

This happened to me, Natwest wanted me to pay back me 1,800 o/d my claim was for approx 500 (on top of the 1,800 not included in) they gave me option to pay it back a bit at a time I propsed 20 per month haven't heard anything about it yet

[janeyjane66]

With regards to paying your overdraft back, as far as i know if you owe money to a company / bank etc and you make a payment plan. Legally they cannot refuse payment.

 

If they took you to court and you told the judge but i am paying (for instance £40 per month) and i cannot pay anymore because of this and you show your budget plan. The judge would throw it out of court.

 

As long as you pay something regular its ok

[jonni2bad]

....If they took you to court and you told the judge but i am paying (for instance £40 per month) and i cannot pay anymore because of this and you show your budget plan. The judge would throw it out of court.

 

As long as you pay something regular its ok

 

BUT, to issue a default notice, they don't need to go to court. They issue a default letter, giving you xx days to pay the lot, and if you can't / don't then they can issue the default. This is still true if you offer to pay an amount each week / month.

 

That's what is so very wrong about defaults.

 

The only point I cansee that would fend one off is to reply to that default notice and say that the amount is contested, advising them that legal action will be taken if they proceed whilst the amount contested is resolved.

 

Other thoughts welcome........

[VIKKI ARDA]

This is my first letter which I will post tomorrow. I have left out the default section as I am not sure if I ahve one or not. I have also left out the bit about interest as everyonr seems to be of the opinion that is is to difficult to calculate. Is this correct? I have included the folllowing:-

unpaid d/d

o/draft excess fee

o/draft usage fee

unauthorised borrowing fee (exceeding ageed o/d limit).

 

Lloyds TSB PLC

Moorgate

London

EC1V 4LE

 

 

 

 

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxx

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years

I now understand that the regime of “fees” which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

Your responsibilites

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

What I require

I calculate that you have taken £1234 .

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

 

 

 

 

 

 

Yours faithfully,

Mrs V J Arda

[Neo]

Sounds good but maybe edit your address out...

 

Good luck

[VIKKI ARDA]

Thanks Neo just wanted a little reassurance. Here go's.

[Overdrawn]

Well done for taking the initial step Vikki, please keep us updated on your claim

[VIKKI ARDA]

I posted my request for a refund of charges totalling £1299.00 today. I've dragged my heals a bit but it just added another months charges to my claim.

 

 

 

Please stay on 1 thread, the Moderators have spent time cleaning up the forum due to this reason, thanks!

 

Louise

[VIKKI ARDA]

Sorry about that I am abit of a novice with computers.

[VIKKI ARDA]

Toady I recieved one reply dated 10th May thanking me my complaint and saying they are sorry that I feel they have let me down. They will look into the issues raised and will give me a full response within 28 days. It gave the name of the manager of my branch if I wish to contact them and eclosed a leaflet "How to voice your concerns"

I also recived a reply dated 11/5/05 which was the standard reply to the first request for refund. A big fat NO!

Sorry I haven't worked out how to scan the letter yet.

[alanfromderby]

A big fat NO!

 

In which case you would be justified in going straight on to the Letter Before Action. Start the letter: "Further to your letter of xxxx, which outlines your refusal of my preliminary request to refund charges".

[VIKKI ARDA]

Can someone please confirm that it is now ok for me to send the letter before action and is there anything I need to add to it? I know I delete the red text if there is no default.

[alanfromderby]

Have you read my previous post?

[VIKKI ARDA]

Yes I have used your advice thanks.

I intend to post my LBA letter on Monday 15/5 is anyone else on the same time scale as me it would be good to compare how things are progressing.

[VIKKI ARDA]

Managed to post off my LBA today ansd intend to get my spreadsheet ready for Moneyclaim as we all know what the reply will be.

[VIKKI ARDA]

Can someone please tell me the easiest way to calculate the number of days of days since offence on the Spreadsheet.

[alanfromderby]

It should do it automatically.

[VIKKI ARDA]

Unfortunatley mine won't for some reason. Also do ou know if you can claim for Overdraft Usage Fee's