Sapphire V Lloyds (joint A/c)

We have a joint a/c with Lloyds which has a £1.9 k overdraft. Have updated the spready and our charges etc come to £3,256.00 with interst.

Questions:

1) Would it be wise to proceed with a claim, considering we owe them money ?
2) Whats the chances that they would call in the debt ?
3) If we did proceed would we have to wait till after the OFT case.
4) 8% Int or CI (mind you my hand would have to be held to do the spready as I have now idea at all how to do this).

[WendyB]

Re: Saphire V Lloyds (joint A/c)

1. My own personal thoughts would be that it doesn't matter whether you owe them money or not - we were well overdrawn on both our joint accounts when I claimed charges back (Natwest, pre OFT case). Plus if you got the charges back it would reduce your debt to them.
2. Don't know - not sure how Lloyds work
3. Any claims put in now would not be dealt with till after the test case.
4. Up to you, Kafka's spready is okay to use (even I got the hang of it lol). I personally think 8% is the easier option, for reasons i've already told you in another post.

Have you been having a spring clean lol? All these claims crawling out the woodwork???

[GuidoT]

Re: Saphire V Lloyds (joint A/c)

1. and 2. Given you claim exceeds your overdraft, then I would proceed. They do not usually, but you will need to be prepared for them to call in the overdraft.

3. I would commence proceedings now, you may not get stayed because we may have judgement on the OFT test case by the time your claim has progressed far enough. However, I am not sure if this first round of litigation will result in stays being lifted given its limited remit and the prospects of an appeal.

4. I would only claim SI. CI is still a grey area. If your calculation of £3,256 is SI only then CI may push you into the fast track.

[ByTheWay]

Re: Saphire V Lloyds (joint A/c)

1. and 2. Given you claim exceeds your overdraft, then I would proceed. They do not usually

I would agree with that. We have successfully claimed back 3 seperate times with Lloyds and have an current loan and o/d with them. At no point have they taken any retaliation.

[Sapphire]

Re: Saphire V Lloyds (joint A/c)

Time to resurrect this thread I think I did write to them enclosing a spready and asked for the money back, trouble is 'life' got in the way and its reared its ugly head again.

Balance £2k o/drawn
Charges owed £3.2k

Got this letter the other day

You asked us to make a number of payments for you on 23 June 2009. We wanted to let you know that unfortunately there was not enough money in your account to cover all of them. We have provided you with an Unplanned Overdraft to cover the payments we made.
For this reason, we will be charging you an Unplanned Overdraft monthly fee of £15 plus a daily fee of £6. This was calculated by the amount of your Unplanned Overdraft at the end of 23 June 2009.
At the end of each day, if you continue to use an Unplanned Overdraft, you will be charged a further daily fee, up to a maximum of 10 fees in any one monthly billing period. The daily fee may increase if we agree to extent your Unplanned Overdraft further. An Unplanned Overdraft continues until it is repaid. So if you are still using an Unplanned Overdraft at the beginning of a new monthly billiing period, we will charge you further monthly and daily fees. Your next monthly billing period starts on 2 July 2009.
You will also pay interest on any Unplanned Overdraft balance.
If you don't have enough money available to make a payment and we don't provide or extend an Unplanned Overdraft, you won't be able to make that payment and you will be charged a returned item fee.

etc etc etc.

[Sapphire]

Re: Saphire V Lloyds (joint A/c)

Here's my reply I'm drafting feel free to jump in add etc peeps. I'm furious so it could be emotive.

Dear Idiots,

Thank you for your letter dated 24 June 2009 the contents of which I note.

Firstly please let me inform you that I wrote to yourselves on May 19th 2008 requesting the repayment of unlawful charges that you have charged me, I also enclosed a copy of a spreadsheet listing the charges for your convenience and as such I must inform you that this account has been in dispute since the above date.

Secondly I must inform you that we have NOT asked you to make ANY payments from the account and therefore your statement is totally untrue, I therefore require you to provide me with written proof of these alleged payment I have asked you to make.

Thirdly I must inform you that your operatives keep calling from a call centre in foreign climes (although the number shows as a Brighton code is this an attempt in trying to fool your customers that you are calling from Central Collections in Brighton ?), I have lost count of the amount of times I have explained in Plain Intelligible English that the account IS IN DISPUTE and as such you cannot commence collections until the OFT case is concluded.

I am enclosing a copy yet again of the spreadsheet listing the unlawful charges that I require you to refund.

In conclusion I suggest the following:

1. You provide me with proof of payments that you allege I have asked you to pay out.
2. You inform your operatives at your call centres that this account is in dispute and to cease calling me.
3. You stop all further charges on this account immediately.
4. As the unlawful charges are far greater than the amount of the overdraft that you use the money to clear the account and send me a cheque for the remainder.

I look forward to your reply.

[WendyB]

Re: Saphire V Lloyds (joint A/c)

Errrm, could possibly be toned down a bit lol (Kofi is crawling out of the cupboard here lol). Perhaps chuck in the relevant paragraph about the waiver and OFT 664 guidelines on collection, whichever bit is relevant? Or both?

And i think your secondly should be your firstly. Cos That is the whole trigger for the charges, isn't it?

[enaid]

Re: Saphire V Lloyds (joint A/c)

You asked us to make a number of payments for you on 23 June 2009.
1. You provide me with proof of payments that you allege I have asked you to pay out.

If these be DD's, SO's or cheques then you have indeed asked them to make these payments imo.

[Sapphire]

Re: Saphire V Lloyds (joint A/c)

Nope Di no paymetns whatsoever on that account, they are quite honestly, completely and royally talking out of their arses.

Hey Ho will adjust the letter for your approval lol.

[enaid]

Re: Saphire V Lloyds (joint A/c)

Nope Di no paymetns whatsoever on that account, they are quite honestly, completely and royally talking out of their arses.

Hey Ho will adjust the letter for your approval lol.

Go for jugular then lol

So you have done the Prelim letter and they didn't reply?
Did you send recorded? and if so do you know it was delivered?
Usually they write back telling you all about the OFT case, but that your complaint has been registered.

[Sapphire]

Re: Saphire V Lloyds (joint A/c)

To be honest I can't remember it was around the time that I had Les ill when he had that mini stroke and was up and down the hospital etc, so I could have just posted it. Hey Ho though they are not to know whether I did or didn't send it and if they did or didn't receive it, so I'll just say it was sent and they didn't reply.
Whatever I need to finalise the letter and get it sent off tomorrow and hopefully I'll have a nice reply waiting for me when I return home from me jollies.

[Sapphire]

Re: Saphire V Lloyds (joint A/c)

Another attempt hows this ?????

Dear numpties,

I refer to your letter dated 24 June 2009 the contents of which I note.

Firstly I must inform you that we have no recollection of asking you to make ANY payments from the account and therefore consider your statement to be totally untrue, I therefore require you to provide us with written proof of these alleged payments we have asked you to make.

Secondly please be informed that I wrote to yourselves on May 19th 2008 please find a copy attached (we are still waiting for you to acknowledge receipt), requesting the repayment of unlawful charges that you have charged us, there was also enclosed a spreadsheet listing the charges for your convenience and as such I must remind you that this account has been in dispute since the date of the letter.

Thirdly I must inform you that your operatives keep calling to discuss this account, You will be aware that under the Banking Code, to which you subscribe, you may not default my account or take further enforcement action whilst the debt is in dispute.
I have lost count of the amount of times I have explained to your operatives that the account IS IN DISPUTE and we would appreciate an immediate cessation of all telephone calls immediately.

I am enclosing a copy yet again of the of the original letter, the spreadsheet listing the unlawful charges that I require you to refund and another copy of the original letter requesting you to stop telephoning me.

In conclusion in order to bring this matter to a close, may I suggest the following course of action:

1. As the unlawful charges are far greater than the amount of the overdraft, that you use the money to clear the account and send me a cheque for the remainder.
2. All charges be stopped on this account immediately.
3. Any defaults showing on this account be removed forthwith.
4. You provide me with proof of any payments that you allege we have asked you to pay from the account.



I look forward to your reply.[/quote]

[Amethyst]

Re: Saphire V Lloyds (joint A/c)

see if this is any better (politer and thus more likely to be taken seriously/sensibly)

have you called and asked what these payments were as could they possibly be someone using your card fraudulently ?

Dear Sirs,

I refer to your letter dated 24 June 2009 the contents of which I note.

Firstly regarding your statement ''You asked us to make a number of payments for you on 23 June 2009.'' I must inform you that we have no recollection of asking you to make ANY payments from the account and therefore require you to provide us with evidence of these requests.

Secondly, you may not be aware that we sent a letter to Lloyds Bank dated 19th May 2008 as we have not yet received an acknowledgement of receipt please find a copy of this letter, and spreadsheet detailing the disputed amount attached.

We consider this account fully in dispute since the 19th May 2008 and would like to request that the account be placed on hold until such a time as the dispute is resolved.You will be aware that under the Banking Code, to which you subscribe, you may not default my account or take further enforcement action whilst the debt is in dispute.

Additionally, I am concerned that your 'customer services' representatives continually telephone us to discuss this account, I have lost count of the amount of times I have explained to Lloyds Bank that the account is disputed due to unfair charges and we would appreciate an immediate cessation of all telephone calls immediately. I enclose a further copy of our original letter asking that these calls are ceased.



I look forward to your prompt response detailing;

• Evidence of payments we requested to be made from this account on the 23rd June as alledged.

• Acknowledgement of my complaint dated 19th May 2008

• Cessation of calls and enforcement action on this account until the dispute is resolved .

yours faithfully

[enaid]

Re: Saphire V Lloyds (joint A/c)

Sorted, SEND IT WOMAN LOL

[Sapphire]

Re: Sapphire V Lloyds (joint A/c)

Awwww thanks Ame its so much more polite (subtlety isn't my thing rofl). Nope havn't called them, not going to talk to them, last time I spoke to them it ended up in me ranting and spending a couple of days in bed with a migraine so in the interests of my health I would rather do it all via post.