Victory over bank charges could open payout floodgates: Court backs customer over hef

[enaid]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

It also doesn't take long to realise you have no chance on earth of getting out of the doo dah so you may as well sit in it till you sink completely.

[jon1965]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

And, presumably a cross appeal.

As far as I know from the posts on FB Lloyds have not appealed and the time has run out

[dogtired]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

I would try again, see what the bank says & take it apart bit by bit, the criteria for fitting in "difficulty/difficulties" is quite simple, the bank needs to look at this & tell you why you don't fit.

As for the FOS they very rarely re-open old cases so you need to open a new one based on the new light of day & what the bank tells over matching the criteria of "difficulty" you did reject the old FOS decision ?

I would at first email the bank & get a point of contact, then discuss it with them in the relevant dept, most the folks I know found it easy to get a decision without the FOS so I would be interested to see what they think your circumstances really were at the time.

Thank you I may just do that!
It came about when, with another complaint with Kensington FOS asked me to try and get proff of any payments to an insurer for PPI on a mortgage, I only asked back to 2004 and it took Halifax an age as they appeared to think I was asking re PPI with them.
They eventually sent statements snd it was then I noticed all these charges.
I asked the FOS to look at this but they quoted the bank court case to me and that if I wished to know more I would have to do a full SDAR but were " of the opinion" as this went back over ten years such information would be unlikely to be available.
So now intend to do that as the final decision of the ombudsman was ambiguous , I am sure that they "side" with the banks, will look up the template and get going on this next week!

[Amethyst]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

These are posts from LB regarding Lloyds overdraft court claims;

FACTS - I opened a current account with Lloyds in March 1995 and given a £1000 overdraft limit. I remember the overdraft going up to £990 of which I then stopped using the account. This was around 2005 and at that time I was going through a break up so my head was in the shed so to speak. My current account then had fees and charges applied to it in the masses and before long it had spiralled up to £2000. Incidently the total sum now owed is £2862.

Amount being claimed:£8220.94 OVERDRAFT-personal started as 1500 before it went out of control if I remember

it was an account that was closed by Lloyds in 2009, if I remember correctly I tried to transfer some funds to it to pay some of it off but because the account was closed it wouldn't accept it!

It was debt of pure bank charges on a lloyds bank account.(£787)

Had a current account with no overdraft and in November 2007 it was £16 in credit.

Had had so much trouble with Lloyds had moved to Barclays and didn't use this account just left it and it accrued over 550 in charges

I was overdrawn at the time but well within the limit. In the closing letter, I explained that I was due to be paid on a certain date and that I would like my account to be closed down and any balance transferred to my new account (my wage bill at the time proved it would have covered it, though not by all that much). I also moved home.

Around 2 years later I received a letter from a debt collection agency advising that I owed almost £1000 to Lloyds TSB

They did it to me 4 years ago, I closed current account, but then got letters demanding £180. I went to branch to be told:

Lloyds: "Ohhh you didn't close your current account, you closed your Savings account"
Me: "I don't have a savings account"
Lloyds: "Yes you did, we opened it for you as a courtesy"
Me: "I didn't know about it"
Lloyds: "So do you want to close your current account now, but only if you pay us £180 in charges "
Me: " XXXXXX&%^£$"(*&^) "

I closed my saving account in 2006, have written to them since to tell them this (2008 & 2010) yet I've just received a letter from Lowell finance stating I owe £920

The account number is definitely my old Lloyds account, but how it reached nearly £800 I can't begin to imagine

One day, as a young unemployed musician, a cash machine allowed me to take out £10 even though there wasn't enough in my account to cover it. Next month I got hit with an overdraft charge and din't have a penny to pay it. Over the next few months charges upon charges upon charges began to snowball; in no time there was a few hundred pounds in debt.

This OD debt with added charges of £619.22 amounted to £2703.92

I ceased banking with Lloyds in 2006 and tho I have no statements to back this up, at that point I was not indebted to Lloyds. I held a current account with an interest free overdraft, with a £300 limit. In order to take out the interest free overdraft I was sold an insurance package, tho I do not recall what it was for, possibly mobile insurance and dental/healthcare.

Since 2006 it seems Lloyds have been charging me a monthly fee, they have increased the overdraft from £300 to the amount to >£1300 to pay for this fee without informing me. Then in 2009 they decided that the £1000 increase to my £300 limit overdraft was enough and sold the debt to Lowells.

(from the first page of results in a search on lowell and lloyds overdraft )

[meellis]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

Lloyds certainly were never good at keeping correct records. My postcode changed about 20yrs ago and about 5yrs ago Lloyds called me on a Sunday to talk about my account. They asked me all the security questions which I answered and then they asked my address and postcode. I gave them the address and code and they told me I had given them the wrong code. I told them that I had lived at this address since 1970 and the postcode I supplied was on my statement and was the correct one. They told me it wasn't and before they could talk to me could I give them the correct postcode which I again did. We went on like this for about ten minutes and at the time it didn't dawn on me they wanted the postcode that had changed 15 yrs previously, so I ended up not having a conversation about my account but receiving a letter informing me that they had tried to contact me but were unable.
Amethyst, the general public and the press like to label everybody in debt as Irresponsible with money and I am sure the banks encourage them to do so for the perfect cover it provides them, the courts certainly believe it. The biggest hurdle any of us face is to convince the masses, especially the ones who have never been in debt, that there certainly is a list of tricks that all of these institutions use to liberate us from our money. The people who believe that it is all down to being irresponsible either have never had to borrow or go near the breadline or just paid every charge and cost in the belief that it was legitimate.

[ncf355]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

I am one of those where we had no option but to just abandon a Lloyds account due to the 'charges on charges' scenario

This was actually on 2 seperate LTSB accounts

We then heard from a DCA at the end of last year (after hearing from many, many other over the years) and thought nothing of it (added it to the pile) but they took the step others didnt and filed a court claim (oddly one one account, but not the other?).

We fought back, going the CPR 31.14 route (as well as other angles) and it would appear the claim has just stayed (I say would appear, as Northampton have decided they aren't going to respond to our letters or emails) as it was started back at the beginning of the year and we haven't heard about a hearing.

Last contact was from them attempting (badly) to comply with a court order to supply various documents we requested.

So you can safely say I'm VERY interested in the outcome of all this as if it goes Oli/LB's/Our way LTSB and their cohorts had best look out, as I will be opening up a can of whoop ass on them!.

aw:

[EXC]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

As far as I know from the posts on FB Lloyds have not appealed and the time has run out

According to Tom it's not impossible that Lloyds have appealed by e-mail to the court but haven't got round to posting a copy to the other side. Also there is nothing to prevent Lloyds from making a speculative out-of-time appeal if they think that they can persuade the court that they have a reasonable prospect of success. Probably unlikely but still a possibility.

[EXC]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

On the issue of bank charges generally, if you buy a toaster these days it'll come with all sorts of safety information and warnings about the unlikely event of it blowing up.

Bank accounts are sold and opened with no warnings but if not used as per the instructions or left unattended they are capable of exploding. Bank accounts are dangerous and can become unaffordably expensive far too easily IMO.

[enaid]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

'Entrapment' ML called it

[meellis]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

My concern is that bank accounts are becoming more essential due to the fact that less people and industries want to deal in cash, try to pay a utility bill with cash for example. Because the government, which ever is power at the time, would like us to use more e-commerce and electronic banking it is getting more important that the push for cheap fair banking is there. Nobody minds paying what they can afford for the best service but there is getting to be a need for more free or cheap banking solutions and they certainly need to be fair.

[Fred]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

My concern is banks are more than just a business & have governments in their pockets...............especially in GB were Gordon the Brown stated we had a different economy to the EU & would not as a consequence suffer as much, I can not think of situation that has had so little rebuke at such tremendous cost to our otherwise wonderful United Nation.

To me the banking sector is the "wild west" of the EU..................especially here in the UK

[righty]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

Also don't forget the banks have allowed creditors to use the DD twice in one day causing two separate penalties to be produced. Bearing in mind their usual charges that would amount to £70 PER DAY on just one DD :mmph:

[dogtired]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

Halifax have " refused" to look at this again.
May have to wait as I believe there is some sort of appeal going on.
The other alternative appears to be a full SDAR from when the account was opened.

[ncf355]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

Appeal for Orfosters case taking place 29th October, Bristol

1 day allowed

[sloane82]

Re: Victory over bank charges could open payout floodgates: Court backs customer over

Get all the statements together and contact all the companies that you have had fees from and contact them to see if they will also refund any fees.