Helllo Everyone, I am here to join the fight- need help please

[rebel454]

Hi

 

I joined the forum towards the end of last year, and have been putting everything on the back burner for too long now. So I am here to pick up the gauntlet and start the process of reclaiming my bank charges back. I am not a usually stupid person, but I have been through a lot over the last 4 years financially. I have been in a debt management program since May 2003 and am still. This has had a severe impact on my health and well being and have been on anti depresants for the last 3 years. So I am a little aprehensive about the whole process regards to getting it wrong etc.. My main target should be Lloyds TSB whom state that I ow £32,800 and have started CCJ proceedings, although my debt management company say I only owe around £20,000, this includes overdraft charges that were increased without my knowledge, late payment fees, etc..etc..

 

I also have bank charges issues with Nat West, Nationwide, and Citybank. After I joined the DMP i as told to open a couple of accounts and transfer my wages etc... which is why I have joined the other banks.

 

I want to persue LLoyds TSB but cant afford bailiffs if that is the way they are fighting back against customers reclaiming bank charges which Is what I have heard they are now doing? Is this true?

 

:?

 

I would welcome contact with anyone who can help me further.

 

Rebel 454

[rippedoffagain]

Hi rebel454

 

You say that Lloyds TSB have started proceedings, what stage are they at?

[rebel454]

Hi

 

Court papers were issued last November, DM company filled in papers and sent them to the courts early December, stating that I was disputing the amount. Case was them moved to local County Court January this year. Another letter middle of January asking parties to submit there case within the next 10 days, this was done by myself and the DM company since then I have heard nothing.

[rippedoffagain]

Right, do the SAR to them and see what that turns up,

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

I would exclude the bit about reclaiming the unlawful charges

 

Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA subject access request fee.

 

At this stage you are simply asking for information, to which you are entitled. I would let your DM know what you are doing.

[rebel454]

Hi

 

Many thanks for this, I will send this tomorrow. Do I send this to the other 3 banks also, as I believe NAt west owe me approx £3,000 bank charges, Nationwide, £1.500approcx and Citibank £400 approx, plus they took £500 out of my account in one month to repay my overdraft without telling me hence leaving me with no money to live on for the month.

 

Also could you advise a decent bank, I will need to change banks, but who do I trust in my circumstances, at this time I cannot afford these bank charges as the DM take every spare penny I have to cover my debts which occured through my husbands illness 10 years ago. Every bank charge means less food for the family.

[rippedoffagain]

I think that all the major banks are the same, personally I would try to do without the extras, just use a card to withdraw cash, no direct debits, no cheque book, if you can do without. Yes do the SAR with the rest as well.

 

By the way, do any of the debts relate to credit cards?

[rebel454]

Hi Rippedoffagain

 

Yes they are all credit card and unsecured loans. MBNA, Capital One, Barclaycard visa and master card, TSB Visa and master card, egg, Cahoot, Marbles, HFC Bank Loan, Lloyds TSB bank loans x 4 RBS loan, some loans only have a couple of hundred pounds left to owed but with the DM programme the less you owe the less you pay back, I had a very nasty phone call from Cahoots third party collectors for 33p under paid last month via the DM company. Talk about wanting to murder, the stuffed shirt really got under my skin.

[rippedoffagain]

You might want to read this;http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

 

Request your agreementshttp://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html Letter N"]http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html Letter N[/url]

[rebel454]

Hi

 

Just to let you know, letters have gone to Nat West, Nationwide, Citibank, and Lloyds, I cant wait now for the next 40 days to see what materialises. I started to look at the links that you sent regarding Credit Cards which loks really in depth and I really got quite confused with the amount of legal jargin that was being discussed by other members, please ttell me has anyone fought the credit card companies regarding this. I will obviously keep reading, but I hope I dont loose track b4 I get to page 104

[rippedoffagain]

There have been successes, in that some companies have withdrawn action. I read a post a few weeks ago where a CAGer had £28,000? written off.

[rebel454]

I dont suppose you have their link do you?

[rebel454]

Hi

 

I have signed the petition also

[rippedoffagain]

Hi

 

I have signed the petition also

 

Thank you, sorry the post is buried amongst thousands of others I have read, but this one might interest you.http://www.consumeractiongroup.co.uk/forum/legalities/25668-curious-twist-two-cca-4.html

[rebel454]

Hi

 

It is over a week since I sent the original letters asking for bank statements, do I now start sending another letter reminding them that I am still waiting? if so is there a template?

[coxyloxy]

Hi Rebel,

I rang Natwest to order statements. You can order as many as you like and they charge you a total of £5 which is debited to your account when they are done. Turnaround 5 - 7 days. I rang Saturday and am hoping they turn up this week!

CL

[MARTIN3030]

They have 40 days to comply with the Sar and from the list you have sent to....all should be straightforward.

The 10.00 fee would cover all the accounts with the same institution.

The only thing outside the ordinary will be a letter and enclosed form from Citi asking you to provide 2 proofs of ID.

Maybe would help you to have a look in the debt forums.

[rebel454]

Hi

I have now received the bank statements, and am stuck on interest and the schedule I have to fill in. IE what is Compound interest? I was busy adding up the interest that has been charged on my Nat West account for the last 6 years, is this wrong? I have seen that a schedule listing the amounts claimed is to be used but unfortunatley cant open the links. IM on my dads PC which is not allowing the attachements to open.

[rebel454]

Hi

 

Has anyone got any experince etc with CCJ's Lloyds TSB has just finally won there case against me, even though I was not given time and dates of the County Court hearing and stating on the court papers that I would be defending my case, due to excesive bank charges, etc which I believe amounts to thousands of pounds. I hope there is someone who can really help me, as I have been told to go to the CAB, Trading standards and also the finacial ombudsman, plus wriet a letter of complaint to the court?

[rebel454]

Hi

 

I have contacted you as you were kind enough to post a reply to my thread.

 

My story is long bu I will try to keep it short and sweet.

 

Lloyds TSB succesfully won a CCJ against me in June of this year. The fisrt court forms came through last October, I am with a Debt Management company who told me not to worry to send everything of to them as I received it and they would deal with it for me, but they coudnt go to court with me as I wanted to dispute the case, due to bank charges. In December of last year I was notified that the case had been transferred to the local county courts for me to attend,I also received an allocation questionaire which was duly sent to Payplan. I didnt hear anything more for months, I honestly thought that LLoyds TSB had not won the case as I had heard nothing until June of this year when I was notified of the CCJ. I contacted Payplan who just logged up the debt of £38,000 without any more questions asked. I then decided to fill in form N244 and paid my £65 to the courts to try and have the CCJ put aside. I asked Payplan for copies of the paperwork thay had submitted to the courts, on recieving the copies I noted that the allocation questionaire had not been filled in by them . I then had 4 days before being able to speak to them, still no answer to my calls so I went to see them unannounced which took them by surprise as I asked to see the MD. I got to speak to the head of the legal team and also head of customer services who nether of them could explain why the allocation questionaire hadnt been filled in and returned to the courts. This is why the CCJ has been done. After 2 hours of discussion with nether an apology or reason, they said that they would contact LLoyds TSB to try and sort out why the amount was extremely high. The same day I got a phone call back from the head of customer services to say that they has spoke to Lloyds TSB whom had admitted that £15,000 which had been paid to them via Payplan had not been deducted from the total. It also appears this amount of £38,000 is two loans put together with interest added on. I have not been notified of this or signed any paperwork from lloyds to say that I would agree to do this. I also submitted a S.A.R - (Subject Access Request) to lloyds for copies of bank Statements, loans agreements T&C's and credit card statements enclosing a £10 PO, a letter came back within 10 days with my original S.A.R - (Subject Access Request)'s letter plus PO stating that the amount was a loan.I had my court hearing on the 13th of this month Lloyds solicitors didnt turn up, just wrote a letter to the courts stating why the CCJ shoudnt be put aside. The judge listened to what I had to say, and has set aside the CCJ for 28 days to allow me time to get a solicitor as he said that I had a very good chance of persuing this to a win. Problem I cant get legal aid as I am £250 am month over limit, Judge has told me that Barristers will be involved I cant afford a solicitor myself due to the Debt Management, Althoughh the judge has said that I have a case, a private solicitor has said that I have a case against LLoyds and also Payplan and yet I cant afford him:evil: Any ideas how I can get this sorted or is it worth is as I am thinking of either an IVA if I can get a job ( I am self employed at this time however this is finishing next week) or sell up, divorce and go bankrupt.

 

 

 

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[rebel454]

 

My story is long bu I will try to keep it short and sweet.

 

Lloyds TSB succesfully won a CCJ against me in June of this year. The fisrt court forms came through last October, I am with a Debt Management company who told me not to worry to send everything of to them as I received it and they would deal with it for me, but they coudnt go to court with me as I wanted to dispute the case, due to bank charges. In December of last year I was notified that the case had been transferred to the local county courts for me to attend,I also received an allocation questionaire which was duly sent to Payplan. I didnt hear anything more for months, I honestly thought that LLoyds TSB had not won the case as I had heard nothing until June of this year when I was notified of the CCJ. I contacted Payplan who just logged up the debt of £38,000 without any more questions asked. I then decided to fill in form N244 and paid my £65 to the courts to try and have the CCJ put aside. I asked Payplan for copies of the paperwork thay had submitted to the courts, on recieving the copies I noted that the allocation questionaire had not been filled in by them. I then had 4 days before being able to speak to them, still no answer to my calls so I went to see them unannounced which took them by surprise as I asked to see the MD. I got to speak to the head of the legal team and also head of customer services who nether of them could explain why the allocation questionaire hadnt been filled in and returned to the courts. This is why the CCJ has been done. After 2 hours of discussion with nether an apology or reason, they said that they would contact LLoyds TSB to try and sort out why the amount was extremely high. The same day I got a phone call back from the head of customer services to say that they has spoke to Lloyds TSB whom had admitted that £15,000 which had been paid to them via Payplan had not been deducted from the total. It also appears this amount of £38,000 is two loans put together with interest added on. I have not been notified of this or signed any paperwork from lloyds to say that I would agree to do this. I also submitted a S.A.R - (Subject Access Request) to lloyds for copies of bank Statements, loans agreements T&C's and credit card statements enclosing a £10 PO, a letter came back within 10 days with my original S.A.R - (Subject Access Request)'s letter plus PO stating that the amount was a loan.I had my court hearing on the 13th of this month Lloyds solicitors didnt turn up, just wrote a letter to the courts stating why the CCJ shoudnt be put aside. The judge listened to what I had to say, and has set aside the CCJ for 28 days to allow me time to get a solicitor as he said that I had a very good chance of persuing this to a win. Problem I cant get legal aid as I am £250 am month over limit, Judge has told me that Barristers will be involved I cant afford a solicitor myself due to the Debt Management, Althoughh the judge has said that I have a case, a private solicitor has said that I have a case against LLoyds and also Payplan and yet I cant afford him. Any ideas how I can get this sorted or is it worth is as I am thinking of either an IVA if I can get a job ( I am self employed at this time however this is finishing next week) or sell up, divorce and go bankrupt.

 

 

 

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[christinajanep]

hi,

i'm sorry i cant help u with the questions youve asked above, but i wanted to wish u the best of luck with your claim, i'm very confident someone on here can help u and point u in the right direction.

i'll be watching with interest

take care

christina

[rebel454]

Thank you christina, I feel at this time only a miracle can sort this lot out

[christinajanep]

you never know just hold on in there