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Pay Bank Fees to Re-Claim?

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  • Pay Bank Fees to Re-Claim?

    Hi All,

    Stumbled upon this website hoping you can help.


    In early July 2007 I first wrote to Lloyds TSB using template letters from Money Saving Expert website to recover £230 and by the end of July they wrote advising that they with other banks had entered into legal proceedings with the OFT. So no movement here, yet. The information on this site from the case last week was great.

    This is where I need help.

    On the 10th December 2007 Lloyds wrote to advise a direct debit had been returned.
    On the 13th December 2007 Lloyds wrote that my balance was £28.33 overdrawn (in this letter they detail ‘fees’ for being overdrawn, the fees are daily based on the amount overdrawn)

    At this point I cant be exactly clear about what steps I did and did not take. During this period I was entered in an IVA and money was not surplus. I obviously got my finances wrong considering the above.

    On the 7th January 2008 Lloyds wrote detailing a ‘Notification of Charges’ for the period 4th December 2007 to 02nd January 2008
    O/Draft Interest £0.11
    Unplanned O/D Fees £150
    Returned DD £40
    Total £190.11

    Now considering my position with the IVA and not having the £190.11 available I decided to ask my employer to pay my salary to another account.

    Now ill not continue to list all the daily fees or charges that they have attached but today the balance outstanding is £1003.44!! Throughout this time I have contacted (by phone so no written evidence) Lloyds to bring an end to the level of charges placed against me. They had, I think at one point offered to accept about £600, of a balance not much higher at that point which I declined. I don’t really have £100 and a small matter fairness.

    During this time I was contacted by Sechiari, Clark & Mitchell Solicitors first in August then finally in September threatening court action. I never contacted them by return always contacting Lloyds by telephone requesting that they look at this account from a sensible perspective.

    It all went quiet (no letters from Lloyds or the Solicitors) and I thought to myself in March 2009 that id like to resolve this as it was hanging over me. I wish I hadn’t.

    I wrote to Lloyds on the 15th March 2009 asking that they again review the account. I heard nothing until Apex Credit Management Ltd wrote advising that £1003.44 was outstanding and I had the usual 72 hours to pay or else attitude.

    On the 04th May 2009 I received a letter titled ‘Formal Notice of Defaulting Account’…
    On the 14th May 2009 they wrote again, basically chasing the first letter.

    I responded on the 8th June 2009 with the below from a letter I found on another website.

    [FONT='Verdana','sans-serif']ACCOUNT IN DISPUTE
    Dear Sir/Madam,
    Your ref: 1957908
    Thank you for your letter of 14th May 2009, the contents of which are noted.
    I am disputing the total value of these debts with Lloyds TSB Bank plc due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.
    As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."
    This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.
    I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.
    I would appreciate your due diligence in this matter.
    I look forward to hearing from you in writing.
    Yours faithfully[/font]


    The latest letter from Apex Credit Management Ltd (which I don’t have to hand as its at home) is offering to accept a reduced amount of I think £600.

    The last part to this is that Experian contacted me and upon checking my Credit File Lloyds TSB have placed a defaulted account on my file. (Can they do this?)

    If you have made it this far then thank you for taking the time to read my spill which I hopes make a little sense.

    I just don’t know what to do and finally I am peed off regarding the default on my credit file. My credit history is poor but all defaults and IVA was due to be removed by end of 2012 – now this Lloyds default will be there. I have worked hard to get on top of debts but this Lloyds charges is a right...!!!

    Help!
    Dave

  • #2
    Re: Pay Bank Fees to Re-Claim?

    Have you started claiming the charges back since your last approach to them?
    Are you in financial hardship(mortgage/rent, council tax, utilities arrears)?

    And finally, a warm welcome to legal beagles.

    Comment


    • #3
      Re: Pay Bank Fees to Re-Claim?

      I have agreements with all my creditors and although this does not leave me with much net income its enough to pay my bills.

      I have not made a claim. Do you think I should make a claim against the fees made against me even though I haven’t actually paid them?

      What did you think about the default notice placed on my credit file?

      Many thanks for responding :tinysmile_grin_t:

      Comment


      • #4
        Re: Pay Bank Fees to Re-Claim?

        Yes you should start a claim because the debt is made up primarily of charges , it would put the debt into dispute and when repaid clear off the debt. Plus if the default is based on a debt made up of the charges then you can also get the default removed - so definately worth starting a claim for the charges.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment

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