I hope someone can offer me some advice please

[Pen]

I have recently filed two claims with the courts against my bank the TSB for the return of my bank chargers. One for £6,800 the other for £5,600 ( I do have a thread in the TSB section)

 

I first complained about bank chargers in 2002,when I started to get into arrears with my bank loan solely due to bank chargers. I would pay the loan payment into my account but the bank would use the payment to pay chargers, due to this the loan was never getting paid so becoming more and more in arrears this was happening month after month.

 

When I complained to TSB Customer Care their solution was to refinance the loan so that the loan would be paid off. The balance of the account would be zero so no more chargers. I only owed £3,000 on the loan with 2 years left to pay. They refinanced it for £5,000, I did not get any of the money, the bank paid the £3,000 loan ,interest, chargers and thats it I had a new loan for £5,000 but now over 5 years. I have all my correspondence with the bank for all this, the complaints the chargers the offer of the loan to clear it all up.

 

Not long after getting the loan refinanced I became seriously ill , I was diagnosed with a terminal illness and was forced to take early retirement due to this I could no longer pay the loan. I went to the CAB to ask for their advice, they write to TSB on my behalf to see if they would reduce the loan payments but the TSB refused. I have been unable to make payments to the loan since.

 

About 3 weeks ago I received a letter from a Geoffrey Parker Solicitors stating I had 56hrs to pay the loan in full or they will issue me with court proceedings. this is despite my account being in dispute.

 

In November I sent of a SAR request with the £10.00 payment, to the TSB. I have not received this information, I have since wrote to them 5 times and I am now considering court action for the bank to comply. I did make a telephone call to the Andover Dept on Monday asking why they have failed to send me my details especially in relation to my loan agreements and loan contracts. I was informed I do not have any loans with them.

 

Do you think that Lloyd's TSB have sold the loan without in forming me and can they do this.

 

What can I do if anything about this whole situation.

 

I would welcome and advice please

Thanks

Pen

[Bailiffchaser]

Has the cheque been cashed for the sar if so issue for non compliance. If the solicitors issue action against you then you can defend on the basis that you have not had a reply to your sar.

[Pen]

Hi Bailiffchaser,

 

Yes the cheque was cashed in December. My problem with issuing for non-compliance is this, I issue for non-complience the banks provide me with the info then the solicitors issue, action what would my defence be then

 

Pen

[Bailiffchaser]

The trick is you issue before and do it on line. That way they have to reply to your claim. If they in the meanwhile issue you can have their claim struck out or notify the court of the other case and see what they say.

[Pen]

Hi again Bailiffchaser, Could I do this on line, I did try doing a N1 MCOL but could not fit all the POC in the space provided is there another one I could use for non-compliance ?

 

I did think at one point that because the refinance loan was provided solely due to bank chargers I could claim to get it wiped out but!!! I realise I cannot claim for the loan and the chargers.

 

I also thought of them issuing and I somehow make a counterclaim as I still have 2 other sets of chargers I have not claimed for.

 

If you think the way forward is to file first then that's the way I will go as I know of no other way of sorting it.

 

Thanks for being prompt in your replies bailiffchaser I appreciate it.

 

Pen

[Pen]

Sorry Bailiffchaser, just one more thing. since I have issued proccedings to my bank could they have sold the loan to a credit company without my knowledge whilst there is a dispute on the account.

 

Pen

[gizmo111]

Hi again Bailiffchaser, Could I do this on line, I did try doing a N1 MCOL but could not fit all the POC in the space provided is there another one I could use for non-compliance ?

 

You need to fill in a N1 for non-compliance - MCOL is only for money claims - template here.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

I did think at one point that because the refinance loan was provided solely due to bank chargers I could claim to get it wiped out but!!! I realise I cannot claim for the loan and the chargers.

 

You can claim back the interest on the loan that related to bank charges - see here.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/11431-nat-west-3-claims.html

[Pen]

Gizmo111, thanks they are realy useful threads so I will take my time reading them, I had forgotten my 3k overdraft was also converted into this loan.

Also Gizmo111 one more quick question if you don't mind. I have been informed that I am sueing the bank for the return of my bank chargers do they have to make a countercliam for the loan or can the issue for that once the chargers are out of the way so to speak

 

what are you thoughts on this.

 

Thanks Pen

[gizmo111]

I have been informed that I am sueing the bank for the return of my bank chargers do they have to make a countercliam for the loan or can the issue for that once the chargers are out of the way so to speak

 

They could issue a counterclaim for the claim, bit I doubt if they will as this wil lbring the issue of bank charges into the court room. I suspect they will claim for the loan after teh bank charges. But the loan is with a DCA and they can't find an agreement so unlikely they wil ldo anything at this stage.

Have you calimed any part of the loan on you rbank charges claim?

[Bailiffchaser]

The way i see it what is the most that you have to loose ? At the most a judge will say no. As long as you keep your claim under £5000 Or even better split it into 2 separate claims and date the periods ie 010101-010102

and then 02/01/02-02/01/03. This will keeps your claims separate and will keep your costs down where you will not risk costs etc.

[Pen]

Hi everyone, answers to both questions.

 

(1) Hello Gizmo111.

 

No I have not claimed for the loan within my claims for bank chargers.

 

I do have another sets of chargers to claim, again from the TSB for about £3,000 but until I get the SAR information I am unable to work out how much these chargers amount too.

 

(2) Hello Bailiffchaser,

 

I am not sure I understand what you are saying. Currently I have filed 2 claims with the TSB one for £6,800 and the other one is for £5,600 I have sent off the AQ for them and I'm just waiting for a court date. TSB are defending both of these claims.

 

Your comment I am unsure about is this one:

At the most a judge will say no. As long as you keep your claim under £5000 Or even better split it into 2 separate claims and date the periods ie 010101-010102.

 

Say no to what? I have not sent the prelim letter for the claim of £3,000 yet as I am unsure how much they will still owe me after my first 2 claims since I cannot get the statements of them , for this account.

 

Thats one of my dilemma's, my 2 claims for chargers have been filed all I am waiting for is a date for the hearing. but what can I do with regards the loan, is there anyway of getting it wiped out by a court for instance could the claim for £3,000 which I have not applied for yet also include the loan as the loan was only given to me to refinance the original loan which became in arrears solely due to bank chargers. If the bank had not taken the illegal chargers from my account I would not have gotten into arrears so therefor I would not have needed a loan to pay them back.

 

Do I hold back on the 3rd claim, wait for TSB or if they have sold on the debt to a CA wait for them to issue proceedings and make a counta-claim, the problem I see hear would be whether or not the CA would also be responsible for the chargers, I somehow think not.

 

when I file for the non-compliance order could I somehow include the loan their as part of damagers and if so how would I word this.

 

Also since I am in dispute can the bank sell my loan.

 

WHAT DO I DO????.

 

I just don't no what to do about it and whether I should keep the upper hand or let the banks dictate. I am happy to except all the help and advice given to help me sort this out.

 

Thanks

Pen

[Pen]

Bump,

[ladybird17]

are there 2 threads going on this? I thought I read one almost exactly the same earlier, - don't want to get the 2 confused!

[Bailiffchaser]

Hi everyone, answers to both questions.

 

(1) Hello Gizmo111.

 

No I have not claimed for the loan within my claims for bank chargers.

 

I do have another sets of chargers to claim, again from the TSB for about £3,000 but until I get the SAR information I am unable to work out how much these chargers amount too.

 

(2) Hello Bailiffchaser,

 

I am not sure I understand what you are saying. Currently I have filed 2 claims with the TSB one for £6,800 and the other one is for £5,600 I have sent off the AQ for them and I'm just waiting for a court date. TSB are defending both of these claims.

 

Your comment I am unsure about is this one:

At the most a judge will say no. As long as you keep your claim under £5000 Or even better split it into 2 separate claims and date the periods ie 010101-010102.

 

Say no to what? I have not sent the prelim letter for the claim of £3,000 yet as I am unsure how much they will still owe me after my first 2 claims since I cannot get the statements of them , for this account.

 

Thats one of my dilemma's, my 2 claims for chargers have been filed all I am waiting for is a date for the hearing. but what can I do with regards the loan, is there anyway of getting it wiped out by a court for instance could the claim for £3,000 which I have not applied for yet also include the loan as the loan was only given to me to refinance the original loan which became in arrears solely due to bank chargers. If the bank had not taken the illegal chargers from my account I would not have gotten into arrears so therefor I would not have needed a loan to pay them back.

 

Do I hold back on the 3rd claim, wait for TSB or if they have sold on the debt to a CA wait for them to issue proceedings and make a counta-claim, the problem I see hear would be whether or not the CA would also be responsible for the chargers, I somehow think not.

 

when I file for the non-compliance order could I somehow include the loan their as part of damagers and if so how would I word this.

 

Also since I am in dispute can the bank sell my loan.

 

WHAT DO I DO????.

 

I just don't no what to do about it and whether I should keep the upper hand or let the banks dictate. I am happy to except all the help and advice given to help me sort this out.

 

Thanks

Pen

 

What i mean at the most a judge will say no to keeping your claims on the small track. If you split your claims in two so that they are under 5 k each ie 6k in 2X3k Then the cases will remain on the small track.

 

Also if your debt is sold to a dc then what you could argue in court is that the dca were sold the debt at a reduced amount. Why was this offer not made to me ? As usually banks write the debt off and sell it to a dc who will then try and collect the whole debt.

[Pen]

Hi Bailiffchaser.

 

The 2 claims are lodge with the courts and AQ filed, when filling in the AQ I made a request that my claims be heard in the small claims tract.

 

Are you saying I should cancel my claims and start over again splitting them into 4 smaller claims, would I lose the courts costs of £250 plus £100 AQ = £350 x2 claims £700. That would be a lot of money to lose and how would this help defend my case for my bank loan

 

Thanks

 

Pen

 

Pen

[Bailiffchaser]

What i am saying is that if your amount per claim is over £5000 then split the claim into 2. The claims that are you have started let them run their natural course. AS if you withdraw them then you will not be able to claim for the same things again.

[gizmo111]

What i am saying is that if your amount per claim is over £5000 then split the claim into 2. The claims that are you have started let them run their natural course. AS if you withdraw them then you will not be able to claim for the same things again.

 

 

I cannot see any of PEN's post suggesting that he/she would withdraw claim:confused:

[Pen]

Gizmo111

 

 

Not on your life!!!, I have been saving up for what seems like forever to pay for them and badgered lots of members for their kind advice and offers of help and support.

 

My claims are happy where they are for now, when I am in court it will be a different matter.

 

It's the loan that is giving me the hassel and which needs urgent attention.

 

Pen ( the female vershion)

 

 

Pen

[Pen]

Hi, I recieved a letter from the courts today. The bank have filed against me for the loan. I called the courts to see if the bank should have made a counter claim and they said no. I am know the defendent. So that anwsers my question. The bank did not sell my loan.

 

Pen

[Pen]

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