Lloyds Current Account charges

[baileybobs81]

I've been adding up the charges on the statements for my boyfriend, and I'm not sure whether to include the monthly account charge, which started off at about £4 and is now £7 I think. As there is one per month it does add up to a lot, so I don't want him thinking he's going to get more than he actually is if they don't count when reclaiming.

 

Many thanks in advance!

[bennyowen]

The account fee is not included. Only count the unauthorised overdraft fees, returned direct debit fees, returned cheque fees.

[baileybobs81]

aww! lol! thanks bennyowen, you've saved me a lot of confusion and stress!

[kinski]

Sorry to interrupt, but I'm having trouble opening a new thread of my own.

My story regarding Lloyds TSB is a very long one. Obviously, I can only embellish important points but a lot has happened with the account. Basically, I have already found various rules, guidelines and laws that Lloyds TSB has broken, but would appreciate a bit of help or advice, or if there are a few more laws they’ve broken besides what I’ve already displayed below -

1. Pursuit of illegal bank charges.

2. Mis-selling of PPI insurance.

3. Misleading/omission of important information during the selling of a loan.

4. Three separate breaches of data protection law.

A. CD of audio recorded voice calls paid for in July 2005, and not provided until late September 2005, and even then, only part of the information I’d asked for was on it.

B. List of statements asked for on May 2nd came in the form of a list of charges applied over a six year period. This arrived on June 12th – one day after the 40-day deadline allowed by law.

C. Copies of letters I asked for on 2nd May have still not been provided.

5. Disputed account transferred to third-parties.

6. With-holding information I have asked in writing to see.

7. Refused to cancel my PPI policy when I had given them an explicit written instruction for them to do so.

8. Continued refusal to account for the validity of their bank charges.

9. Illegally blacklisting my credit score with reference agencies when they are well aware that this account is still in dispute.

10. Information about my account transferred to third-parties.

11. As I understand it, branch staff are also required to hand over a Receipt of Acknowledgement slip whenever documentation is taken into a branch. Both my May 2nd and May 29th were handed direct to branch, and this did not happen.

THE STORY

 

I stupidly took out a Lloyds TSB loan in November 2003 for the sum of £2500. At the time, I made it clear that I was receiving treatment for depression. Under the advisor’s recommendation, I agreed that it would be a better idea to increase my initial £2000 request to £2500. The subject of PPI came into play – I could make a claim on it if I was to find myself out of work. My sole reason for taking out the loan was because I had an overdraft that threatened to spiral out of control.

There is certainly a point to be made in saying that I was extremely stupid to take out this loan in the first place – but it has to be said that I was not in a particularly clear frame of mind. My uncle had died of cancer (after a four-year long battle) less than two months prior, and I found my father dead a few months prior to that. I do not exaggerate when I say that that was an experience I will never get over.

However, I also need to re-emphasise my original reason for taking out the loan. I was not informed by Lloyds TSB that I could have claimed back the overdraft charges, and it is safe to say that if I had been, then I would not taken out the loan in the first place – much less PPI. It may not have been in their interests to fully inform me, but that is not the point. Therefore, I submit that Lloyds TSB sold me redundant products that – as I found out later on – would prove to be useless to me, regardless of me signing agreements.

The subsequent months were made up of a mixture of anger, guilt, and a general inability to focus on work. I was working at a laser-eye clinic at the time, and intolerable conditions there pushed me to seek alternative employment, which I finally obtained in December 2003. I do remember my visit to the bank to ask for the loan – a half-hour consultation (which did not require an appointment), in which the loan and repayment rates were discussed. Well, taking out a bank loan is something that would demand anyone’s rapt attention. What I was NOT told was that if I became ill because of a condition I’d been previously diagnosed with, then any claim would not be honoured. You would think that if the subject of past/present depression had been brought up, then the vital ‘pre existing condition’ clause would have been mentioned before ANYTHING was signed or agreed to. If this had been mentioned, I would not have taken out PPI in the first place, and not even the loan itself if I ever thought I was going to be in a position where I was incapable of paying it back. Knowing what I know now about bank charges, my decision now seems doubly stupid.

The inevitable did happen in April 2004 (the same day, I made a futile suicide attempt and spent one night in hospital as a result), and it came time for me to make a claim. With me only receiving £200 a month on benefits, paying £64.99 per month was absolutely impossible. I tried putting three separate claims through in the months after that, and all were turned down for the same reason. The bank also took an inordinate length of time to consider and process each decision, and in the months ahead, I was growing more and more frustrated with the situation I’d been caught up in.

Here’s where it begins to get complicated : in the time between the first and second claim, I was told on two separate occasions by Lloyds TSB staff that once my doctor had been contacted, then the claim would go through. When time passed, and I’m talking weeks in between each instance I did call them to ask what was happening, I was fobbed off with ‘Sorry Mr ....., we don’t know why your doctor hasn’t been contacted. We’ll do it tomorrow!’. Each time, I had to pressure them into doing this – numerous times over.

I have asked the bank repeatedly why was I not told about the ‘pre-existing condition’ clause before I signed or dated anything. To this day, I have still not received an answer to this question. This was not drawn to my attention at the point of sale and, as I already mentioned the depression issue before I even took the loan out, I would interpret this as mis-selling a product. I feel that I was lied/pushed into taking out PPI – why take it out in the first place if I couldn’t make a claim on it? I was sold an insurance policy that was useless to me, and still is. In fact, I initially wanted to borrow only £2000, but the advisor persuaded me to go to £2500.

I made a complaint later on about my claims being turned down – especially in relation to the length of time it took them to furnish me with a response. I would like to know why Lloyds TSB have persistently maintained that I was not mis-sold PPI when I had a letter in 2005 offering over £400, plus £25 offered ‘as a goodwill gesture’.

In 2006, I received a letter from the Financial Ombudsman Service saying that the advisor of the time ‘would have told me about the clause’ – this is NOT what Lloyds TSB have said before. I have never heard this – either verbally or in writing – from Lloyds TSB themselves. Also, even if in the instance I was told verbally by the advisor, the question would still remain - why offer a customer over £400 if he wasn’t mis-sold PPI. I was extremely suspicious about being offered this sum and can only surmise that this was an attempt at a bribe (this was the reason I did not take their offer).

When the offer was turned down, I also informed the bank – in writing – some months ago to cancel the PPI at the same time I rejected the derisory offer of £410 plus £25 for ‘any inconvenience caused’. This was not done.

In April 2005, by which time I’d long since had enough of the whole matter and wanted to draw it to a close quickly. I was told by an advisor that I could get recordings of voice calls. I concurred that this was a good idea.

On 11th July 2005, I paid £10 for a CD containing recordings of the calls I’d made. Paid via manager’s cheque, I clearly stated on the form (which I still retain a copy of) that I wanted ALL calls I’d made during May 2004 and April 2005. I was told that this would take 2-3 weeks. August 11th, still no CD. I popped into Lloyds TSB Fawcett Street. I was told that the original form had been lost and that I’d need to fill out another. This I did, and was told then about the 40 day Data Protection deadline. It was late September, and I popped into the Fawcett Street branch once again and stated that I would take it up with the Financial Ombudsman if the CD didn’t arrive by 25th September. Miraculously, it arrived four days later – with only ten calls recorded on it (I’d made SUBSTANTIALLY more calls than that to Lloyds TSB in 11 months!). So, being that the CD took 2 months and 2 weeks to arrive, this exceeds the 40 day Data Protection guideline. Also, am I to believe that the Data Protection guideline didn’t apply in July, but it does in August? It’s worth bearing in mind that I STILL have not received what I had paid for.

In December 2006, the bank then sent me a letter regarding bank charges. At the end of this month, I forwarded them a letter stating that I would not even entertain the idea of paying back bank charges – which I knew by this point to be illegal - while an unresolved dispute already remains on the account. They received a copy of this letter on 8th January 2007 (I checked via Royal Mail Recorded Delivery). Then Sechiari, Clark & Mitchell came into play, and I asked them various questions which they could not answer in relation to bad handling of my account, and why certain things were allowed to happen. Letters bounced back and forth between departments of Lloyds TSB and SC&M.

On May 2nd 2007, I submitted a request that they submit details of all bank charges accrued over a six year period, and also asked them five questions (which can be read below). The 40 day deadline applied – a list of charges arrived on 12th June (one day after the 40 day dealine, you’ll notice!). On May 29th, I forwarded them a letter with more questions I wanted answered. To this day, I have received no less than six separate letters from various Lloyds TSB departments all saying the same thing, requesting ‘more time’ to look into each query. By this point, my account had been transferred from their Collections Section onto their Consumer Debt Recovery unit, to whom I made a follow-up call on June 25th. I had a rather frustrating conversation with one of their advisors, who proved to be rude, abrupt, and kept talking over me in mid-sentence – but he did advise that they ‘kept a file about the PPI claim‘. I asked how come I’ve never been made aware of this.

On July 7th 2007, I received a letter (dated July 4th) from Buchanan Clark & Wells. I told them that this account was still in dispute (which it is) and asked them when was the debt transferred over to them. I was told 20th June. I also said he should check with the client that this account is still being disputed and that no, I don’t have to provide any written proof of this – it’s his job to check, not mine. The man involved mentioned ‘legal action’ a couple of times, but this did not frighten me as was obviously the intention – I merely said that any ‘legal action’ would be instigated (and the bank being in the position they are in in my case, this is doubtful!) by the client and not some Mickey Mouse DCA.

Funny then, how I received separate Lloyds TSB letters – an exceptionally cheeky one on June 29th from their CDR unit (marked ‘Final Response’, enclosed with an agreement for me to sign), and one on July 2nd again requesting more time to look into my problem. None of the ‘more time’ letters makes it clear at all which problem it is that I’ve mentioned that that particular department is supposed to be looking into. That is, if they’re actually looking at anything at all and not just stalling for more time – a trick they’ve used since the start – hoping that I’ll just lie down and give up. The 29th June one states that my debt has been logged with the relevant credit reference agencies. Why, when it’s still being disputed? I was under the impression that creditors are not allowed to do this with open disputes.

It has long been my opinion that Lloyds TSB no longer knows what they’ve been doing with my account, or what sections are dealing with what.

[baileybobs81]

I'm sorry I can't write this in much detail as i have only had the letter read to me over the phone as im at work, but it seems Lloyds have replied to my request of refund for bank charges and they have basically fobbed us off, saying that the charges are just. Has anybody else had this reply?

[jshtr3]

Loads of people, Just carry on as per the step by step instructions.

[nicsussex]

Presumably this is in response to your preliminary request if so then time for LBA

[baileybobs81]

sorry, in the panic im being thick - whats LBA mean?

[nicsussex]

Letter before Action

[baileybobs81]

ahhhh right! thanks so much! you've saved me from having a panic attack!

[nicsussex]

ahhhh right! thanks so much! you've saved me from having a panic attack!

 

Panic attacks are expressly forbidden on here

[Titch28]

Baileybobs, it seems we're at the same point in our claims. Will keep watching your thread to see how you do. Have posted my LBA off today.

 

Good lluck buddy

[baileybobs81]

good luck Titch! I'm hopefully sending mine off today. I'll keep my fingers crossed for us both!!

[royboy68]

Good luck Baileybobs and Titch. Im in exactly the same situation as you both but i am undecided if i should ammend the LBA template to counter the claim re penalty V service charge with this.

 

I notice in your reply that you refer to the OFT guidelines on credit card default charges. Whilst I can’t see the correlation between the bank charges you have applied to my account and credit card charges I do note but don’t agree with your claim that the charges are not default charges but service charges as I haven’t broken the agreement with you. I would like to point you to your own terms and conditions relating to the use of Lloyds TSB debit card, Electron debit card, Cashpoint card or cheque guarantee card.

9.2If you do use your card to create an overdraft we have not agreed to or to exceed an agreed overdraft limit you will have broken the terms of the account and you must repay the unagreed amount immediately.

.With your own statement, if I did create an unagreed overdraft and broken the terms of the account then I would be liable to charges for being overdrawn contrary to your claim that I haven’t broken the agreement.

I posted it on my own thread but didnt get any advice

[Red Rebel]

I posted it on my own thread but didnt get any advice

 

Could be because of the text colour........lol

[baileybobs81]

Please can someone help me?

My boyfriend was reclaiming his bank charges and got to the point where we sent Lloyds TSB a letter saying their response was unacceptable and unless we hear a better response in 7 days we will start court proceedings, at this point the big trial thingy started and we were told all claims were put on hold while this went on.

I am worried now that we are going to miss out on getting the charges back.

Will I still have a chance of getting them back once it's all been sorted? or is it up in the air? I really hope we get these charges back as I am 3 months preganant and we could really do with the money at some point in the future.

 

many thanks in advance

[Wonunderpar]

Will I still have a chance of getting them back once it's all been sorted? or is it up in the air?

 

As I understand it, once the case is in the courts you've done the difficult bit. As soon as a stay is lifted (not yet, despite this morning's news but hopefully soon) the process picks up from where it left off.

 

I'm in the same position as you - my case was stayed last August and so I am now hoping for news from the courts in May to say that the process can continue.

 

Hope this helps but maybe a moderator or helper can add to this.

[baileybobs81]

I didn't actually write to the courts though, I only threatened LLoyds that I would do so, this is why I am worried.

[kennythecelt]

Hi, don't worry.

 

Todays news is that the judge has determined that contractural regulations apply to bank charges. As I understand it, the OFT will now seek to take further court action to determine that charges are excessive ie unfair. Remember however, that there may well be appeals by the banks. At present, claims will still be stayed/ sisted.

 

You need to restart your thread here on LLoyds so that we can start you on the process of reclaiming all charges. Those in at the begining of the queue at the courts will get their bank charges back first. The court costs can be reclaimed and you can reclaim interest on the charges. Have you got all your statements??

 

Get clued up, read similar threads, and start on your journey. You will love it and you will be in control!! You will get all the help you need

 

Best regards, Kennythecelt

[elsinore]

Just continue with your claim and file it at court, baileybobs.

 

Yes, claims are stayed at the moment, but that does not mean you have to wait to start the court process. When the waiver terminates and claims are allowed to continue through the courts, you will then be near the front of the queue.

 

Els

[baileybobs81]

thanks guys. I will start the court process then!

I will get my mum to help (she's good at taking people to court!)

seriously...thanks guys! I was losing sleep big time!

[elsinore]

I've merged your three LTSB threads into one, BB. It's best if you post on the one thread so that you have the complete picture in one place.

 

Els