tommy tugboat v Lloyds

[tommytugboat]

HI

I wrote a cheque for £4000 to a car finance company which has benn cashed and the money taken from my Lloyds tsb current account.The problem is the finance company in question have no record of the cheque being cashed.

 

My question is what happens next, what are the legal issues and who is liable.

 

Hopefully the finance company will find a record of any transactions but I am really worried.

 

any ideas would be much appreciated.

 

Tom

[natalie]

I would have thought that the finance company would be liable, if the cheque was in their possession and you have proof that the money has left your account its their problem not yours.

[lookinforinfo]

Contact your bank and inform them of what is going on. Ask them when and where the cheque was paid in [they will get that from the cheque as the accepting bank

always stamps the cheque with their branch address].They will then contact that

branch and ask which account was credited with the £4000, if it was a different

bank to the one the garage use.

 

The only problem you could have is if you gave them the cheque without filling in the name of the garage as the payee. Since most cheques theses days are not only

crossed but have "account payee only" on them, then a bank accepting your cheque into any account other than that of the garage is immediately at fault and

would have to reimburse your bank the £4000, who would in turn credit your account so that you could issue a new cheque for your car.

 

If you did not fill in the payees name, then it becomes more of a problem for you.

especially if you left it blank. Please say you did not do that.

[tommytugboat]

Thanks for the replies and yes Idid fill out the name of the finance company as payee in full and not initials.

 

looks like Iwill be getting in touch with the bank first thing monday

[lookinforinfo]

You shouldn't have a problem as your bank will resolve the matter pretty quickly.

Sorry I missed the fact that it was a finance company involved and not a garage.

More understandable that they cannot account for your cheque than a garage. Even so I wouldn't have thought they would have to bank too many £4000 cheques.

Hopefully it is a simple accounting error on their part, but as you have correctly filled in the payees name, if there is a problem with the transaction, your end of

it should be sorted quickly.

[breadline]

I paid £200 myself at lloyds to pay the water bill, it was lost for months!

just as the water company threatened me with court the £200 was found, in LLoyds suspence account where payments go if account numbers are not right, LLoyds eployee had entered my account number to the water company instead of teh water companys number held at LLOyds.

 

They may not find it in a hurry for you, more interest for them.

 

BL

[tommytugboat]

Sent off my DPA letter on the 9/05/06.Recorded delivery

 

So just twiddling my thumbs for now. how often should you remind them about the letter and which is the most effective (phone,letter,email...etc) method of contact.

 

Will keep you upto speed Tom

[commando]

Hi Tom,

I was'nt in no great rush but waited 18 days then sent e-mail to

miss giv-us-me-money penny. Two days later they arrived. My advice is wait 7 days then e-mail every 3 days. Keep in mind they are now super busy in that office but thats not our problem.

[jonni2bad]

Hi

 

You don't need to remind them about the fact they have not replied, although I did start to chase up the Halifax once I hit 30 days (although I was more concerned that they were actively avoiding me!!)

 

Just stick to your timetable, and if they haven't responded in the 40 day period, let us know and we will advise you accordingly.

[tommytugboat]

Thanks for the info, will bear it in mind.

Will do my best to keep you upto date and any problems on the way:)

[jvmhasler]

PLEASE CAN SOMEONE HELP ME UNDERSTAND A FEW THINGS!!

 

I have been browsing through the net and came across Moneysaving expert which went on to talk about Bank charges, which put me though to here so i have registered as i have in the past 4 days recieved a charge of £35 from loyds for an unpaid DD and i'm a little confused about what i have to do to get it back, what to say, and i have had other charges within 6 months and so has my partner for going over his overdraft. Please can some one tell me what i have to do!!!!

[Dappa44]

This question has been asked a thousand times m8, look in previous posts and also read all of the FAQ's, takes a while but its worth it.

[tommytugboat]

Hello again

 

Recieved a list of my charges on the 19/May/06, so only waiting 10 days from posting the DPA letter. It was not a poorly packaged set of statements but a comprehensive list, neatly sealed and packaged.

It all adds upto £1889 with interest. I will now post my prelim letter to customer care. Any contact names out there would be most helpfull

 

Regards Tom

[tommytugboat]

Hello

Long story short- a few years ago Igot into financial difficulties, but now am ok.

Recently I settled a few defaulted loans that had gone to solicitors and had been paying a reduced amount each month.

Before the said loans got to the solicitor stage charges were made onto the accounts.

Can these be claimed back when I have letters saying full and final settlement?

Also, If I can, who do I claim from,the finance company or the solicitor?

 

On a different note,one of the above loans ended up as a CCJ. The amount was £5600. I paid £50 a month (court agreed) since May 2001, which was never missed. In April this year I contacted the solicitors and asked for a settlement figure expecting around just under £3000. They came back with £7600.

Apparently interest was being added onto the original amount and the £50 a month didn't even cover that. I negotiated a figure of £5500 which was paid.

 

 

My question is, can they charge interest on a CCJ and can it be claimed back or is it too late now I have paid up?

 

Any replies would be much appreciated.

 

regards Tom

[Guest Lueeze]

1. Yes claim with the fianance company...

 

2. Your interest should have been frozen, claim that back too if you can (im not 100% sure as you settled it up)

 

Louise x

[tommytugboat]

Thanks for the reply

 

will try and seek advice on the ccj

regards Tom

[tommytugboat]

Hello

 

Sent my LBA on 30/MAY/06 and received a reply From a David Just at the "Customer Service Recovery Centre" eh??? posted on the 31/MAY/06

Basically it is restating the banks decision not to refund the charges but he does repect my opinion about them and that this is the banks final decision.

 

anyway, despite the delay due to work commitments next stop moneyclaim.

 

regards Tom

 

THREADS MERGED - PLEASE STICK TO YOUR ORIGINAL THREAD. GOOD LUCK WITH THE CLAIM...

[tommytugboat]

Hello again

 

Today I received the acknowledgement of service stating that they intend to defend all of the claim.

 

So now they have 28 days to enter a defense, which means that probably on the 26th or 27th day it will be entered. Is it 28 days from the date of service(21/06/06) or the date of the aknowledgement(26/06/06).

 

Am I right in thinking that the next step is to fill in an Allocation Questionnaire, if they take it to the wire.Also is it best to keep it in Northhampton or to move it to a local court?.

 

The solicitors they are using "Sechiari Clark and Mitchell" of Brighton.Is this yhe usual solicitors as the name doesn't seem familiar.

 

Any responses would be greatly appreciated as I am now a bit tense over the whole thing.

 

Thanks Tom

[reload]

Hi Tom,

 

It's 28 days from the date of service - that one almost stumbled me too.

 

As it turned out, Lloyds filed their defense about 5 days from the deadline in any case - and I recieved a copy of their defense in the same envelope as the Allocation Questionnaire. As Northampton is not my local County Court, it was automatically moved to my local one.

 

The solicitors defending my case are Martineau Johnson, but they and SCM seem to be taking turns at the moment - I guess when one solicitor's in-tray starts overflowing they give Lloyds a buzz and tell them to hand claims to the others - a few other people today have commented that they're being handled by SCM.

[tommytugboat]

Hello again

 

Handed my A.Q into the court today with the cheque for £100, hopefilly filled in properly.

Under the any other info section I squeezed in as much as I could about disproportionate penalties, contrary to common law, Unfair Terms and Supply of goods act(all thanks to other threads on this board).

A copy of which I sent to the solicitors, so with a bit of luck someone there will think that I Know what I am talking about and will settle sooner rather than later.FINGERS CROSSED

So what happens next?. I am not sure

 

Any idea, roughly, how long it takes from now or is it just down to differing sets of circumstances? The date for handing in the A.Q is 01/08/06. Have the banks got the same date and if they don't hand it in on time do you win by default??

 

 

thanks again for any replies TOM

[barracad]

Threads merged again - if you start another new thread relating to this claim it will be CLOSED.

[tommytugboat]

Apologies for any wrongdoing but all I do is log into the lloyds forum and click on start new thread. If there is a proper way of doing things then please let me Know and I will do that

 

Tom

[barracad]

Yes - don't start new threads. Just add any updates on to this thread.

[tommytugboat]

Hello again

 

My AQ had to be handed in to the court by 01/08/06 and I assume the bank had the same date. My chq for £100 has been cashed so I know the wheels are in motion but I have had no verbal or written correspondence with either the court or the bank.

 

My question is basically what happens now??

 

As usual any replies are most appreciated Tom

[paulson1985]

Hi Tommy,

 

I think I am a little bit in front of you which solicitor are Lloyds using in your case.