Starting My Claim But Have Defaulted Loan Account Too

[thinkfirst]

Hi Everyone. Sorry my first post is a bit long:

 

Have just registered and read FAQs twice, chatted in Help & Advice room, and read some threads including correct addresses to send various letters to. But, can anyone help me with this ....

 

Unfortunately I took out a loan with Lloyds TSB a few years ago so have a current acc + a loan acc. They set up a Direct Debit from my cheque account for monthly repayments, but the accumulating charges on the cheque account kept me overdrawn so they kept 'returning' the D/D to the loan acc. Now I think they've been adding charges to both accounts for years so the cheque acc is still overdrawn (£400'ish) and I owe them more on the loan acc (£8000'ish) than the original loan was for (£7000). They defaulted it ages ago so my credit rating is already damaged.

 

Does this make sense to anyone - and does it alter how I write the Data Protection Act S.A.R - (Subject Access Request) letter (or the later ones)? Sorry ... am finding it a bit tricky to get started and get it right.

 

Below is my first draft of the Data Protection Letter asking for details of the charges:

 

 

Penny Berryman

Senior Manager

Data Protection Dept

Lloyds TSB Bank PLC

The Pentagon

48 Chiswell Street

London

EC1Y 4XX

 

Dear Sir or Madam,

 

Account Name: Name

Sort Code: 00-00-00

Account number: 0 0 0 0 0 0 0 0

Data Protection Act 1998 Subject Access Request

 

Please supply me with a comprehensive list of all transactions and charges relating to my banking history with your organisation, including all the default charges for direct debit, unauthorised overdrafts, standing orders or any other charges I have paid over the last six years.

 

Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years. I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

 

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

 

I look forward to your response within 40 days, as Lloyds TSB is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

Yours faithfully,

 

Would be really grateful for anyone's help ....... Am hoping to learn quickly and be of some help to others later on

[remus]

Hi thinkfirst, just responding to show you are not alone:) someone will come along who knows the answer to your post, and if you carry on reading the posts your bound to come across someone else in the same situation as yourself. question are you going to claim charges on current and loan account? as thats how I am reading your letter asking for banking history. (bound to cause confusion at Andover;) ) you will still get the standard letter back:D .

sorry got to go to work, but will keep an eye on how you go:)

[jubaxt]

hi-in same position as yourself-loan with charges AND a loan in default-just waiting for charges list

[thinkfirst]

Thanks so much remus - can't tell you how encouraging your reply is. Good luck with your claim and thanks again xx

[thinkfirst]

Thanks jubaxt - wouldn't wish the loan situation on anyone but glad to know I'm not alone. Good luck with your claim and keep in touch xx

[thinkfirst]

Remus: Yes I will claim charges on both accounts once I get the charges list back from them. Question: you mention Andover - should I be sending the letter to an Andover address instead of the London address? x

[thinkfirst]

Jubaxt: Was your letter asking for list of charges similar to my draft?

[remus]

thinkfirst, have you looked at the libary, it gives you templates for all letter's, you just adjust to suit your circumstances:D

[remus]

sorry to confuse you with Andover:confused: , they come later:p the charges are being dealt with there, and all your standard letter replies will have an Andover address, stick with the address that you have, and happy claiming:D

[thinkfirst]

Thanks remus - checking library now ...

[remus]

thinkfirst, have a read of tyshamitdeb's post - claiming back charges where do I start, GuidoT has given the links which will help you get started:)

[thinkfirst]

Have just checked out tyshamitdebs thread and Guido Ts links - thanks again remus, think I'm happy to go ahead now Here goes .......

[thinkfirst]

Have just found Michael's brilliant A-Z Guide and am trying to copy it here. The link is:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

[remus]

yep, got that one in my favorites;) as they say its all out there, and why this is such a great site, thank goodness its raining, don't feel quite so guilty sat in front of the computor all day, must go and get some teabags though for my vigil:D

[thinkfirst]

You're right remus ... this is such a fantastic site and all you people are so kind and helpful and great :) I only hope I will learn quickly and be able to help other people later on - and hope I win against LTSB of course so I'll be able to make a donation to this brilliant site ... Feeling the world is great right now .... xx

[jubaxt]

hi thinkfirst!-

I just sent sar to for my current account-been banking with LLOYDS for the last 20 odd years through thick and thin-

went to online statements back to july 2002-£4900 in charges to present-this is a joint account which has a £1500 od facility but to press is £1800 overdrawn because of constant charges

-we also have an online account and hubby has a loan account which has £2000 arrears at the mo-mainly due to struggling with the hefty charges being put on the current account each month like yourself-

worried any money we win will be automatically PLACED into the loan account if and when its paid back to us!!!!!!!!!!

[remus]

Jubaxt, a reply I read on someone ele's thread said ask for the money in cheque it is your money they have unlawfully taken;) hope this helps, cant remember where, if I find it will tell you.

Mega charges eh:p

[Pondfish]

Hi Thinkfirst and Jubaxt,

 

Just thought i'd butt in to mention that i also had a loan in arrears when claiming bank charges. When i recently won my claim, Lloyds did indeed use the refund to pay off the arrears on my loan (which thankfully was not all my refund)

 

This is worth consideration. I have seen a "letter of appropriation" in the template section which basically tells Lloyds they cannot use your money as they wish. Trouble is it seems that they could simply ignore it and wait for you to take them to court.

Other method is to close the current account i guess, and ask for any refund to be paid by cheque. But i'm not sure if they would still allocate any refund to the loan account.

Perhaps someone else can offer more positive advice, but i thought i'd let you know of my experience.

 

regards,

 

Pondy

[remus]

I would send your SAR for goldfish again, keep reading about letters going missing:(

[thinkfirst]

Hi Remus, Jubaxt and Pondy

 

Hmmm, I'm worried too Jubaxt that they'll offset any repaid amount against arrears on the loan account. If they did it to Pondy I guess they're doing it to everyone.

 

Anyway Pondy, am really glad you at least got some of your refund back.

 

Remus, the thread you mention sounds interesting - will look at it if you find it. Will also look at the letter of appropriation Pondy mentions, but agree they're likely to ignore it and see if I've got the will to take them to court again. It'll be interesting to see outcome of that if the time comes ....

 

At moment am only claiming against Lloyds TSB but am checking out other old closed accounts to see if any of them were unlawfully charged.

 

Jubaxt: I know what you mean about loyalty to the banks, I have banked with Natwest for around 24 years and oh boy, how I wish we could claim back all those years. They ripped me off wholesale for about 10 years when I was a young single mum and really struggling badly to keep body and soul together and a roof over our heads. They kept me in an unauthorised o/draft constantly by manipulating the dates they paid credits in and paid debits out and applied their charges. Would so love to repay them in kind for that terrible period - but hey, I'll have to be content with practising on LTSB and hope the 6 year limit will be overturned at some point

 

Thanks so much to you all for keeping in touch and giving me so much help and encouragement ... can't tell you all how much it means as all so daunting at first. Sending SAR letter tomorrow, 9th May

[Pondfish]

Hi Thinkfirst,

 

I am "Pond" ering a 6 years+ claim. Maybe you could do it after this one? Keep an eye on how people are getting on with 6 year+ claims, it sounds like it would be a treasure trove for you....think of the interest that will have built up!

Good luck with your claim, and don't be afraid to ask anything you are unsure of. Theres always someone here with the answer for you!

 

Pondy

[remus]

The issues raised by Llloyds bank defences and claiming beyond 6 yrs thinkfirst this may help:) i'm doing this ever so gently, my first link done:eek: no stopping me now.

[BARTY]

The issues raised by Llloyds bank defences and claiming beyond 6 yrs thinkfirst this may help:) i'm doing this ever so gently, my first link done:eek: no stopping me now.

Congratulations, there'll be no stopping you now!

[jubaxt]

hi pals-i'm thinking about taking lloyds for 6 years and then if there are a few more successes from other people going further back-we had a halifax account which was closed approx 10yrs ago that would be worth afortune if we were to claim

 

just a bit weary about going to court though-i'm not a confrontational person and it gives me the joobies thinking about standing in court

[remus]

jubaxt,

I went to court 5 years ago against GE capitol, if only I knew then what I know now, I would have had the one peice of information that would have saved me from a CCj.

 

just needed a letter from the bank saying they had no record.

 

The Judge was great, had this mad woman with no legal knowledge terminology etc sat in front of him, who, just knew she had paid, but no proof,

He listened to me and sympathised, but it was out of his hands.

 

Point I'm trying to make is do not worry about going to court the Judge is human:) and as long as you have followed the information from this site, and all the help on the way, you will have everything the Judge needs to act on.

 

You are litigation in person, (put that with my AQ:p ) the Judge knows, put your joobies away:eek:

This is to everyone:D