Lloyds Bank charges

[Janeyjackson]

Hi,
I am very new to this but am feeling very desperate. I have received the county court papers as a result of Lloyds bank pursuing me for £745.
I closed this account at least 8 years ago and also made a claim through the county court to try and reclaim in excess of £3000 in bank charges I had already paid Lloyds. However, I was unsuccessful in this.

I am also in a very difficult financial and personal position.

Any advice would be gratefully received.

Thankyou

[EXC]

Re: Lloyds Bank charges

Can you set out a time line of what happened when?

[Janeyjackson]

Re: Lloyds Bank charges

Can you set out a time line of what happened when?

I had a Lloyds account for over 10 years which I opened in 1990. It was a Select account. I incurred numerous bank account charges for missed direct debits and going over drawn. The charges were usually £30 each. I have all of the statements which I requested when putting my case together after following guidance from Martin Lewis' excellent website. This was 2008/2009. I was unsuccessful in getting any of my charges refunded to me which exceeded £3000.

Sometime following this I was contacted by a debt company asking me for a further £745 in charges to Lloyds. I telephoned them (this was 2010 ish) and explained I would not be giving Lloyds a penny.

Ten days ago I spoke to BW Legal by phone and said again I would dispute this and they said they would put the case on hold if I could provide them with the proof I had tried to request my own charges back from Lloyds. Before I had even posted the proof I received the court papers.

I phoned BW Legal again asking them to listen to the call (they claim to record all calls) and asked why they had gone ahead with the court papers and they have told me they would look into it a ask a senior member to call me. They also claimed this was great as the court papers was my chance to dispute it with Lloyds. I have not received any correspondence from a senior partner.


(Apologies for the slow response but I am in the process of changing internet providers and therefore have no access online at home until Tuesday.)

thank you for for the response to my thread.

[EXC]

Re: Lloyds Bank charges

Ok, a few more questions:

Do you know when you last credited the account?

Are Lowells saying that £745 is made up of the outstanding balance on the account?

Did the claim you made go to a hearing?

Do you have the statements that cover the period since you tried to claim in 08/09?

[EXC]

Re: Lloyds Bank charges

[MENTION=2]Celestine[/MENTION] - what do you think?

[nemesis45]

Re: Lloyds Bank charges

Hi Janey,

Can you please post a copy of the claim form here (remove your name and address first.

It would be better not to phone BW or it's client. ( Is this Lowell?)

When was this account actually defaulted by Lloyds?
Have you paid any money into this account in the last
6 years?
Luckily telephone conversations cannot be taken as an admission of liability,
as this must be unequivocal and in writing.

My feeling is the debt was statute barred prior to the issue of this claim.

nem

[Janeyjackson]

Re: Lloyds Bank charges

I am using the internet away from home now and unfortunately did not bring my pile of statements and court papers with me. However, from memory ( and I will confirm this) 2004/5. Maybe earlier.

The account is no longer with Lowells but BW Legal and the court. I am not sure. I believe it just says that's what I owe them.

Yes, i believe the claim went to hearing at my local county court.

I have the statements until I made the claim and some may cover 2008 but I did not request further statements following the claim.

Again, sorry to be vague but I have only popped out to a nearby town just to access mail. I should be up and running online tomorrow with BT.

thanks again.

- - - Updated - - -

My internet is off line until tomorrow so unfortunately I am away from the house just to check emails. I will post the court papers tomorrow.

no, I haven't paid anything into this account for more than 7 years.

thank you. Any help is appreciated. I am very worried.

[nemesis45]

Re: Lloyds Bank charges

Ok get back as soon as you and we'll see what can be done!

nem

[Janeyjackson]

Re: Lloyds Bank charges

Ok get back as soon as you and we'll see what can be done!

nem

I have managed to call home and obtain further information. The client is Lowell.

The Principle debt is £744.40

Estimated interest is £107.52

Estimated court fees £60.00

Estimated solicitors cost £70.00

Estimated total £981.92

(From BW Legal)

Particulars of claim (County Court Form)

the claimant's claim is for the sum of £932.96 being monies due from the defendant to the claimant under a financial services agreement regulated by the Consumer Credit Act 1974 between the defendant and Lloyds Bank PLC under account reference xxxxxxxxx and assigned to the claimant on 03/07/2013 notice of which has been given to the defendant.

The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum.

Further information
August 2007 I received A General Form of Judgement or Order stating this matter is stayed pending the final determination of the Office of Fair Trading test case 2007 Folio 1186. Any hearing already listed be and is hereby vacated.

Upon the Courts own motion the Court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

Following this I received a letter June 2008, from Lloyds Bank Solicitors, SECHIARI, CLARK & MITCHELL, updating me that the County Court will continue to keep cases relating to unplanned overdraft charges on hold until the legal process is concluded. In April 2009 I received a further letter from them clarifying that our client's instructions at this time is not to settle your claim and they will not be refunding any penalty charges relating to your claim.

They also advise to contact Lloyds if I was in any financial hardship, which I was and still am. I contacted Lloyds explaining my hardship again because they had still been charging me for the account, even though I had made this claim and was not using it. I also contacted the Financial Ombudsman Service on 5th May 2009. The amount I tried to claim back from Lloyds in charges was £3785.41. The last summary on that account was an annual interest summary from Lloyds from April 2006 - April 2007 stating I had paid £0.13 net interest paid. I believe I stopped using this account in 2005/2006.

Any advice most appreciated.

[Amethyst]

Re: Lloyds Bank charges

I wonder if your claim against them is still stayed with the court. Possibly, if you have the old paperwork / claim number from then check with the court.

[nemesis45]

Re: Lloyds Bank charges

I wonder if your claim against them is still stayed with the court. Possibly, if you have the old paperwork / claim number from then check with the court.

Beat me too it!!

I'm wondering if they are attempting to revive and original claim or after a 2nd bite of the cherry with a new one/

nem

[Janeyjackson]

Re: Lloyds Bank charges

Beat me too it!!

I'm wondering if they are attempting to revive and original claim or after a 2nd bite of the cherry with a new one/

nem

That was a claim I made against them and was unsuccessful, not a claim they made against me.

[nemesis45]

Re: Lloyds Bank charges

Thank you!!

[EXC]

Re: Lloyds Bank charges

I wonder if your claim against them is still stayed with the court. Possibly, if you have the old paperwork / claim number from then check with the court.

I think you might be right.

[Janeyjackson]

Re: Lloyds Bank charges

I think you might be right.

Could you please let me know how I should proceed with this?