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  1. #26
    Diana M's Avatar

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    Default Re: lloyds Current account

    Quote Originally Posted by nemesis45 View Post
    At present I would not be relying on the alleged " non licensed " claim and it is only conjecture.

    nem
    Not necessarily.

    If court judgments have not been published/posted on an internet forum or in cyberspace that doesn’t mean they don’t exist on ‘terra firma’.

    Di
    Last edited by Diana M; 6th October 2017 at 09:48:AM. Reason: typo
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


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  2. #27
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    Default Re: lloyds Current account

    Another letter from Cabot today-potential legal action. How should I respond on this please? Mc

  3. #28
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    Default Re: lloyds Current account

    Quote Originally Posted by McGinty View Post
    Another letter from Cabot today-potential legal action. How should I respond on this please? Mc
    One fact to be considered is that over 80% of debt payments follow a default judgement. Do you want to add to that figure?

  4. #29
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    Default Re: lloyds Current account

    Quote Originally Posted by McGinty View Post
    Another letter from Cabot today-potential legal action. How should I respond on this please? Mc
    In the immortal words of "Clint - Do you feel lucky?"

  5. #30
    Diana M's Avatar

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    Default Re: lloyds Current account

    Quote Originally Posted by Spirit200 View Post
    One fact to be considered is that over 80% of debt payments follow a default judgement. Do you want to add to that figure?
    That should only happen if the Defendant fails to file the Acknowledgement of Service or subsequent Defence by the appropriate court deadline.

    It also happens if a claim is served on an address where the Defendant doesn’t live in which case they would probably make an Application to set aside the Default Judgment.

    The new Pre Action Protocol introduced on 1st October requires the creditor/debt owner to jump through some hoops before issuing a claim.

    I think the statistic you’re quoting is 87% not 80%.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  6. #31
    warwick65's Avatar

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    Default Re: lloyds Current account

    I always wonder what that means.! 87% of judgements are default, that could be because many defended claims are successfully defended. No figures for that
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
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  7. #32
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    Default Re: lloyds Current account

    So...is it wise to make an offer? Mc

  8. #33
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    Default Re: lloyds Current account

    I don't have a crystal ball nor am I qualified to advise. You need to do what is best for you.

    I can't recall how much this is for
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
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    If in doubt take professional legal advice or contact the CAB

  9. #34
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    Default Re: lloyds Current account

    Personally I would be making a complaint to LLoyds for misselling of the account, the payout from them for the fees paid could be quite substantial. Martin Lewis (Money Saving Expert) Guide to and free tool for Reclaiming here.

    It may mean that you can negotiate a settlement on this and offset that against any recovery of the fees from Lloyds.
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

  10. #35
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    Default Re: lloyds Current account

    Quote Originally Posted by jaguarsuk View Post
    Personally I would be making a complaint to LLoyds for misselling of the account, the payout from them for the fees paid could be quite substantial. Martin Lewis (Money Saving Expert) Guide to and free tool for Reclaiming here.

    It may mean that you can negotiate a settlement on this and offset that against any recovery of the fees from Lloyds.
    What was mid sold? All I can see is an overdraft
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
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    If in doubt take professional legal advice or contact the CAB

  11. #36
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    Default Re: lloyds Current account

    Quote Originally Posted by warwick65 View Post
    What was mid sold? All I can see is an overdraft
    Earlier in the thread I'm sure (if memory is serving me correctly) the OP stated that the bank account had fee applied and that his wife had only taken it in conjunction with agreement of the overdraft?

    That would be a form of mis selling of the product.
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

  12. #37
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    Default Re: lloyds Current account

    Quote Originally Posted by jaguarsuk View Post
    Earlier in the thread I'm sure (if memory is serving me correctly) the OP stated that the bank account had fee applied and that his wife had only taken it in conjunction with agreement of the overdraft?

    That would be a form of mis selling of the product.
    All I can see is the reference to a gold account. If I have missed something please point me to it. In any event, just because there was a fee doesn't mean it was mis sold
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
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    If in doubt take professional legal advice or contact the CAB

  13. #38
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    Default Re: lloyds Current account

    Well no, but the guide by the money saving expert goes through what counts as mis-selling and if I have misinterpreted then I apologise for muddying the waters.
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

  14. #39
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    Default Re: lloyds Current account

    This was aLloyds 'Gold account whereby my wife was paying £10 per month for.

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    Default Re: lloyds Current account

    Thanks for that and I have done so just now. I was told in an earlier thread that Cabot do not have a license from the FCA. Would they need that to be able to issue with any possible court proceedings or to able even to acquire the debt from LLoyds in the first place?

  16. #41
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    Default Re: lloyds Current account

    If you wish to pursue a reclaim that is your choice but would likely be entirely separate to any potential claim.
    The debt is owned by cabot.

    I suppose it would depend on if she used any of the features or benefits of the account and just how much she had paid in fees.
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
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  17. #42
    Diana M's Avatar

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    Default Re: lloyds Current account

    Quote Originally Posted by McGinty View Post
    Cabot do not have a license from the FCA. Would they need that to be able to issue with any possible court proceedings or to able even to acquire the debt from LLoyds in the first place?
    Possibly

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  18. #43
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    Default Re: lloyds Current account

    They can issue a claim if they want. It would very much depend on if you could explain the legal arguments about not being authorised. I do not understand them although I am sure they are valid. Quite frankly they will, I think, avoid a big case on them but that doesn't mean they won't make claims against Lips
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
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    If in doubt take professional legal advice or contact the CAB

  19. #44
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    Default Re: lloyds Current account

    Lips??

  20. #45
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    Default Re: lloyds Current account

    Quote Originally Posted by McGinty View Post
    Lips??
    Litigant in Persons or your average joe defending a case without a Solicitor
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

  21. #46
    warwick65's Avatar

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    Default Re: lloyds Current account

    Quote Originally Posted by McGinty View Post
    Lips??
    Sorry I do tend to make the mistake of assumed knoeledge which I have no right to do.
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  22. #47
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    Default Re: lloyds Current account

    Hi there
    Could someone give me a link for the standard SARS letter please? Mc

  23. #48
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    CAVEAT LECTOR

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  24. #49
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    Default Re: lloyds Current account

    Received this from Cabot today as I told them ( Robinsons) the account was in dispute with Lloyds. I had sent a letter into Lloyds as advised and my wife received a cheque in relation to the mis-selling of this packaged account. I am keeping you all updated as I really appreciate your help. I shall just have to wait until I hear from them again. Thank you all. Mc
    Attached Thumbnails Attached Thumbnails img289.jpg  

  25. #50
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    Default Re: lloyds Current account

    Hi

    The problem is, as I see it now

    You have received a cheque for compensation that may or may not equal the amount of the current debt.

    I do not see how you can have your cake and eat it- well not easily anyway. It would be lovely if you could either defeat any potential claim so you would be quids in or use the cheque to make a payment to clear the debt with cabot.

    A large part of me wants you to be able to do that , but that is because I personally am no fan of financial institutions and even less of a fan of debt purchasers

    Maybe do what is best for you
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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