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Mightyquinn V Lloyds


johnwilsonstorey
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I am making yet another claim for my son in law this time against LLoyds tsb.I dont have an account number for the current account or a loan account which was opened mostly to consolidate the amount owed through unlawful charges.

I know somewhere there are threads on how you find out account numbers of closed account but I cannot find them.Would someone point me in the right direction. Thanks

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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Any Ideas Anyone?

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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Thanks a lot for that, I will get onto it straight away

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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Share on other sites

  • 3 months later...

Back on the site again after a very long delay due to lots of personal problems which had to be delt with.

My absence in posting has not stopped me from reading and hopefully digesting a lot of new information.

There is a lot of different opinions about claiming further back than 6 years and in asking for contracrual interest.

This claim is an ideal claim for both to be claimed. After a big fight and much delay I have obtained copy statements going back until early 1997 and I have again written demanding statements going back even further than that or a certificate of destruction to show that all of the information has been disposed of.

Between 1997 and 2003 the account was closed(by the Bank) leaving a loan account outstanding. About £1500 was paid in charges between 1997-2003 but in 1997 a loan was taken out and part of this was to cover previous Bank charges. I have read that you can ask for copies of the original loan agreement and contract from the bank, could some kind person remind me of how this is done. If the loan agreement does show the loan was taken out to cover Bank charges, am I able to add this amount to the charge refund amount?

The loan has not yet been fully repaid. If the Bank can't or won't supply a copy of the original agreement does this mean that the Bank has no right to ask for any further monies back?

Do Lloyds hold account information pre 1997 or is it thought that the statements I have are all that I am likely to receive, and if this is the case can I estimate the charges prior to 1997? especially if the loan was as is thought taken out to cover bank charges.

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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Share on other sites

Any answers to post 5 anyone?

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

Link to post
Share on other sites

Back on the site again after a very long delay due to lots of personal problems which had to be delt with.

My absence in posting has not stopped me from reading and hopefully digesting a lot of new information.

There is a lot of different opinions about claiming further back than 6 years and in asking for contracrual interest.

This claim is an ideal claim for both to be claimed. After a big fight and much delay I have obtained copy statements going back until early 1997 and I have again written demanding statements going back even further than that or a certificate of destruction to show that all of the information has been disposed of.

Between 1997 and 2003 the account was closed(by the Bank) leaving a loan account outstanding. About £1500 was paid in charges between 1997-2003 but in 1997 a loan was taken out and part of this was to cover previous Bank charges. I have read that you can ask for copies of the original loan agreement and contract from the bank, could some kind person remind me of how this is done. If the loan agreement does show the loan was taken out to cover Bank charges, am I able to add this amount to the charge refund amount?

The loan has not yet been fully repaid. If the Bank can't or won't supply a copy of the original agreement does this mean that the Bank has no right to ask for any further monies back?

Do Lloyds hold account information pre 1997 or is it thought that the statements I have are all that I am likely to receive, and if this is the case can I estimate the charges prior to 1997? especially if the loan was as is thought taken out to cover bank charges.

 

You need to write to them and reqest a true signed executed copy of your credit agreement, which you do under the Consumer Credit Act 1974.

 

Here's a letter:

 

Name address:

Their Name address:

Dear,,,,,,,,,,,,

Account No:

Please supply me with a true copy of the credit agreement under which this account is conducted.

 

This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.78 (1)

for running – account credit).

 

Your obligation also extends to providing a statement of account.

 

I enclose a £1 cheque in payment of the statutory fee.

 

As a member of the Consumer Action Group, I am aware that you are obliged to supply these documents within 12 days, under S189 of the

Consumer Credit Act 1974.

 

 

 

Yours faithfully,

 

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  • 4 weeks later...

We claimants have been told many times that we cannot make a claim further back than 6 years.

Well I am going to ask a question turning the game so to speak on its head(I hope).

In 1997 my son in law took out an unsecured loan while he was a student(mature). He couldn't pay this loan and an overdraft he had and the accounts remained dormant for a long time. The Bank closed the accounts. He then moved.

In 2004 Lloyds bank the caught up with him after more than 6 years had elapsed.

My question is as the time was over 6 years can the Bank legally make him pay? after all a long period of time passes while we persue our debts against the Bank, and then they try and refuse to pay anything over 6 years old from the time we actually take them to Court asking for the limitations act to be imposed

Any ideas anyone about the answer.

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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Share on other sites

Anyone know the answer?

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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