New Charges Whilst Claiming...?

[jvernon]

Hi there,

 

I have had a search but couldn't find any mention of this so I'm hoping someone will have a suggestion.

 

Last month I had two direct debits come out in two days. Both put me over my overdraft limit . Lloyds TSB have just let me know that I will be charged £60 for this and of course there is another £70 to pay as they were 'returned unpaid'. Obviously if I had a spare £130 I wouldn't of had a problem in the first place! This money is due to come out of my account on the 3rd July.

 

I have just sent off my DPA letter to Lloyds, so my question is this - Is there any way to stop them taking this money from my account or do I have to wait until I've got my statments and calculated everything they have taken in the last 6 years and reclaim it back then?

[Janet-M]

Hi and Welcome

 

 

You can try a phonecall , asking them if they say no then tell them not to take the charge as you now believe it to be an unlawfull charge and you will be starting to make a claim against them to have the penalties refunded to you and this will also include 8% interest on each and every charge should it go to court.

Make sure you read around before you phone so you know exactly what you are talking about .If they refuse your request then ask for supervisor and so on until you hopefully come to someone who can actually act on it.

 

keep us posted

[jvernon]

Thank you, that is very helpful.

[jvernon]

Well here is what happened. It's a long story but I will try to keep it brief...

 

To start I called the 'customer support unit' (0800 389 8766). Mainly because it was a free number. I spoke to a lady there who went through my monthly incomings and outgoings and she told me that I didn't have enough money. This meant that she couldn't give me a loan or arrange a repayment plan for the charges and there was nothing else she could do. She suggested I contact the CCCS or CAB. I asked to speak to her supervisor and was told that they would tell me the same thing and that they could not refund charges in that department. I asked to be put through to the department that could authorize refunds which she did. The second person I spoke to passed me straight on a third and at this point I lost the signal on my phone.

 

Not knowing what number I was last speaking to I decided try my local branch instead. I explained the problem for the 3rd time and after the lady spoke to her workmate, was given the number for 'customer services' (0845 3000 000). She let me use the office phone and I spoke to Brian in India. Brian listened patiently whilst I explained the problem again then said that I needed to call the 'customer support unit'. I said thank you and hung up.

 

At home I contacted CSU and explained why I was calling them again. This time was told I should of called 'customer care' not 'customer services". I was then transfered to Wendy in 'customer care' who wanted to know the whole story. Wendy told me that my branch manager should of dealt with this and that she would put in a complaint. She then transfered me to a man (in 'personal banking and loans' I think) and she explained to him all the trouble I was having. He promised he would help and wanted to know the whole story again and everyone I had spoken to again. After I had explained everything he asked if I had had charges in the past. Then he checked and saw that I had a few times. He told me that if this had been the first time I'd had incured a charge he could of cancelled it, but because it wasn't there was nothing else he could do. He said that the only people that could help were the people that I called initially (customer support) and that because they couldn't help there was nothing more anyone could do.

 

At this point I dropped into the conversation that I was making a claim for the charges they had made over the last 6 years. He told me that he was aware of the media attention that this was receiving at the moment and that I was certainly entitled to do so. That if there was a change in the law then I would be able to claim back all charges over the last 6 years, BUT there is nothing that can be done to prevent these charges from being taken from my account now. He offered to transfer me to 'customer support' again. I hung up!

 

I will go to my branch again tomorrow to speak to the manager and see what can be done. Any more suggestions would be greatfully received...

[Janet-M]

This just proves what an utter waste of time it is phoning them , yes I know it was me who suggested it but they can stop the charges but just want to mess you about non stop by passing you from pillar to post and back again.I do not believe you will get anywhere unless you put it in writing then they may well just mess you around even more .So it looks like you are just going to have to accept the charges for now , same way you would of had to if you never found this site , and add it on to your claim and go through the steps .

[jvernon]

So close!

 

Here is todays installment. Went to a different branch today and asked to speak to a manager. Again explained that I couldn't afford this charge and that if they took it out then I wouldn't be able to pay my direct debits again. She suggested that I cancel my direct debits. I told her it was fine if she wanted to cancel my Lloyds loan repayment. No reply! She asked what I wanted her to do so I said that I wanted the charges stopped.

 

She studied the notes from yesterdays calls then phoned 'customer services' and discussed my situation. Telling them I was unwilling to cancel my DD's and that I wanted the charges cancelled. It appeared that 'customer services' suggested that she cancelled them so she pointed out that it wasn't my first offense. After about 10 minutes she hung up and told me she had two choices, to 'refund' the charges or pass it on to a higher level. Apparently she was concerned that if she did 'refund' these charges then the situation could be the same next month. I pointed out that she wouldn't be 'refunding' the charges as they hadn't yet been taken, rather she would be stopping them. I also pointed out that if she didn't cancel them then I would certainly be in the same position next month as I wouldn't have enough money to cover my loan repayment. She assured me that had this been the first time I had gone over my limit then she would of 'refunded' me automatically as a gesture of good will. I told her that we both knew that the charges were unlawful and that I was in the process of reclaiming all charges levied in the past six years. After acting confused she agreed that she was aware of the press attention but that I had accepted the terms and conditions when opening the account etc. etc. Sensing this wasn't helping my case I shrugged it off and let her continue talking to me like a naughty school boy. She told me that this would be the only time this would happen and made me promise that if 'refunded' I would never go over my limit again. I agreed and she turned to the computer.

 

Unfortunately, the computer said that she didn't have sufficient privilege to delete the charges. Only someone at the branch I opened the account (over 100 miles away) could do it. So finally she filled in a 'customer complaint escalation report' with all the details and has promised I will get a reply in 5 days. She 'strongly advised' as I was leaving, that I speak to someone at the CAB because I was having trouble with my DD. I explained that I was only having trouble because I couldn't afford the charges they keep taking from my account. No comment.

 

Good grief!

[eiaddyo]

I also have incurred further "charges" whilst claiming.

 

Inbetween the Prelim Letter and the LBA.

 

In my original prelim I did not include interest either.

 

Now that I am sending an LBA I have produced a new schedule of charges, including my latest and a calculation of the interest.

 

I added a line in my LBA like

 

"I have double checked the information supplied under your Data Protection Act Respone, including all charges up to 9th June and calculating interest accordingly"

 

My belief is that if they want to contest my calculations they can do it in court - they have already sent me their "final response"

 

I view my LBA as the definitve list of charges - they still have an opportunity to respond at this point - I gave them 14 days -otherwise - see you in court.