Shooter V Lloyds SUCCESS

**Budgie** · 23rd July 2008, 23:30:PM

Re: Ladidi v Abbey - settlement offer

Hiya Shooter,

There is no problem with posting links to your thread on here, whatsoever.

I am not sure if there are any Lloyds "offers" here on LB but am sure that I have seen some on other sites in the last few days. ( MSE ) I think. I am going to have a good trawl around tomorrow. Anyway, even if Lloyds havent yet done so there is a good chance that they will be doing so shortly, there are reasons why some Banks ( Halifax and Abbey for definite ) have started to do this and it is pretty likely that we will see a similar scenario with the other Banks too.

I Will have a read of your thread in the morning and try to offer some assistance and I am sure everyone else on LB will be keen to help you if it's at all possible.

Cheers Budgie

**shooter** · 23rd July 2008, 23:38:PM

Re: Ladidi v Abbey - settlement offer

Thank You Budgie
I look forward to reading anything you may post that will help me

Shooter

**shooter** · 28th July 2008, 11:50:AM

Shooter V Lloyds

With regard to mt Lloyds accounts

Originally posted by Budgie View Post

Just to bump it again !!!

These are the definitions of financial hardship as suggested by the FSA in the updated Waiver.

If you meet ALL or even ANY of these criteria then your Bank will have to be SYMPATHETIC and POSITIVE when considering these difficulties.

1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.

2. In making an assessment of financial difficulty the firm will take into account:

a. evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

I lost my husband just over 2 years ago and have been struggling ever since I am unable to go back to work ( haven't been employed since 1997 bause I gave up work to care for my husband) as I am unfit for work and have just been diagnosed with Fibromyalgia and my mobility is greatly impaired and I am finding it extremely difficult to cope with the excrutiating pain as I cannot take pain relief.

b. evidence of the following events:

i. items repeatedly being returned unpaid due to lack of available funds;

This has happened many times

ii. failing to make loan repayments or other commitments;
iii. discontinuation of regular credits;
iv. notification of some form of insolvency or court proceedings;

I have just had a letter from my housing association stating that I am now in arrears of £1117.53 and thay are now concidering court action for possesion I am already paying £140 per month to them, this has happened because when my husband died it took the housing benefit dept nearly 4 months to sort out my new claim and they had made a massive over payment and are now taking it back at nearly £10 per week off my benefit. As it is I don't get full benefit because I get widowed parents benefit which takes me over the threshold for income support.

v. regular requests for increased borrowing or repeated rescheduling of debts;

I have had to have my OD increased by the bank and they have put me on a payment arrangement for my loan with then reducing my payment from £142 to £20 per month for six months

vi. making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
vii. repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).

My charges to date ammount to £461 so far but I don't know what charges there are going to be next week as I haven't had my staement yet but know that I definately have loads in september ( Lloyds now add charges differently ie; June charges in August, July charges in september)

3. If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.

4. The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.

5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.

6. Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.

Contact your Bank by phone, email or letter and see if they are willing to discuss and settle your stayed County Court Claim or new claim on the basis of your financial hardship. If you have a stayed claim then on the Banks defence there should be a contact name and telephone number for the person in the Bank's legal department whi is dealing with your claim and would be useful forst point of contact for you.

You have nothing to lose by doing this as the FSA Waiver states :-

(16) if the firm attempts to resolve a relevant charges complaint after 27 July 2007:
(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;
(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and
(c) the firm must explain the implications of its approach and commitment;

also.......................

(15) to the extent that sums are ultimately to be paid to complainants in respect of relevant charges complaints that have been stayed, the firm must include in these sums an element of compensation in respect of interest charged to or lost by the customer as a result of being out of money during the stay period;

I have already tried to have the stay overturned but c**ked it up at the begining of the year by getting my dates mixed up.

All the details are on my CAG thread

http://www.consumeractiongroup.co.uk...ml#post1634399

Any help or suggestions on how to get the ball rolling again on this would be gratefully accepted.

**Budgie** · 28th July 2008, 12:44:PM

Re: Ladidi v Abbey - settlement offer

Hey Shooter,

"Any help or suggestions on how to get the ball rolling again on this would be gratefully accepted."

Very simple, it's fairly obvious to me from what you have wriiten that you are suffering financial hardship.

So how do you get the ball rolling with Lloyds?

Simple, either phone them or write to them ( email or letter )

Ladidi ( Abbey ) sent an email and progreesed her claim through to an offer which she has accepted, Blooming Flower ( Abbey ) made a phone call as has Tempty ( NatWest ), both were asked to send in a letter, which they are in the process of preparing.

I would suggest phoning first and establishing a contact ( get the name of someone to write to or email. Then draft something up along the lines you have already done in your post.

Ie You are aware of the criteria for financial hardship defined by the FSA in the updated version of the waiver and feel that you meet a lot of the criteria and that you are suffering from finacial hardship. Include the list ( from the waiver ) of the FSA's criteria and an explanation of how you consider you meet the criteria. FInish by saying that you trust that the Bank agree with you and will now be able to resolve you claim for return of the charges.

Just keep it simple and in your own words, I really feel that any form of template letter or email will work against your request. Send them copies of anything that you feel supports your request.

Feel free to post a draft of your letter / email if you would like us to check it for you before you send it.

It might be better to post on your own thread so that we keep things neat and tidy for both you and other people reading this thread and thinking about trying to get their own claims resolved on hardship grounds.

Ame will no doubt seperate your posts from this thread onto your own if you wish.

Regards Budgie

**shooter** · 28th July 2008, 12:58:PM

Re: Ladidi v Abbey - settlement offer

Thank you budgie for great advice

Ame could you do as budgie sugested and let me know if I need to start a thread first or not

**Paule** · 28th July 2008, 13:44:PM

Re: Shooter V Lloyds

All posts moved/merged,copied from Ladidi thread

PKea

**Budgie** · 28th July 2008, 13:49:PM

Re: Shooter V Lloyds

Thanks PK

**shooter** · 28th July 2008, 14:11:PM

Re: Shooter V Lloyds

Thankyou

**shooter** · 29th July 2008, 01:42:AM

Re: Shooter V Lloyds

Dear **********

I am writing to you to request that you relook at my claim against you for charges to be refunded under hardship rules.

I am aware of the criteria for financial hardship defined by the FSA in the updated version of the waiver and feel that I meet a lot of the criteria and I am are suffering from financial hardship. I justify this claim as follows:

1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.

2. In making an assessment of financial difficulty the firm will take into account:

a. evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

I lost my husband just over 2 years ago and have been struggling ever since I am unable to go back to work ( haven't been employed since 1997 because I gave up work to care for my husband) as I am unfit for work and have just been diagnosed with Fibromyalgia and my mobility is greatly impaired and I am finding it extremely difficult to cope with the excruciating pain as I cannot take pain relief.

b. evidence of the following events:
i. items repeatedly being returned unpaid due to lack of available funds;

I have had items returned on many occasions resulting in charges on the following dates

Account No; ********

01/08/2007
03/03/2008
01/04/2008
01/07/2008
Account Number ********
01/08/2007
02/01/2008
Account number ********
03/03/2008

ii. failing to make loan repayments or other commitments;

iii. discontinuation of regular credits;

iv. notification of some form of insolvency or court proceedings;

ii. The collections dept have put me on a payment arrangement for my loan with Lloyds Tsb as I was struggling to make my payments

iv. I have had a letter from my housing association stating that I am now in arrears of £1117.53 and they are now considering court action for possession I am already paying £140 per month to them, this has happened because when my husband died it took the housing benefit dept nearly 4 months to sort out my new claim and they had made a massive over payment and are now taking it back at nearly £10 per week off my benefit. As it is I don't get full benefit because I get widowed parents benefit, child benefit and child tax credit, which takes me over the threshold for income support.

v. regular requests for increased borrowing or repeated rescheduling of debts;

I have had to have my OD increased by the banks collections department due to charges being put onto my account. This is reducing by £4 per month. This was done due to my Income and expenditure showing Financial Hardship!

vi. making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and

vii. repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).

My charges to date amount to £461 so far but I don't know what charges there are going to be next week as I haven't had my statement yet but know that I definitely have charges coming out in September,

3. If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.

4. The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.

5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.

6. Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.

I wrote to the court late last year requesting that the stay on my case be lifted under hardship rules by unfortunately missed the court date and couldn’t afford the cost of having the order set aside, a copy of the letter was sent to Sechari Mitchell and Clarke.

I trust that the Bank agree with me and will now be able to resolve my claim for return of the charges.

Yours sincerly

Shooter

What do you think??

Are there any changes I should make? or anything I should add?

**shooter** · 29th July 2008, 03:04:AM

Re: Shooter V Lloyds

I am also concidering going after Alliance & Leicester and you can see a similar letter to them here

http://www.legalbeagles.info/forums/...2219#post72219

please have a read and Any sugestions on this one would also be gratefully accepted

**Amy** · 29th July 2008, 09:39:AM

Re: Shooter V Lloyds

Shooter, I've made changes to the letter on your other thread.

**Budgie** · 29th July 2008, 11:08:AM

Re: Shooter V Lloyds

Here you go Shooter, see your A&L thread for an explanation of this letter.

Dear **********

I have recently been made aware of the updated criteria for financial hardship which have been defined by the Financial Services Authority in the updated version of the Complaints Handling Waiver.

I believe that I meet the defined criteria and request that you consider refunding the default charges you have taken from my Lloyds Tsb current account, number xxxxxxxxxxxxxxx.

I have set out below the reasons I feel that I meet the qualifying criteria:-

I have been unemployed since 1997. I gave up my job to care for my husband who sadly passed away two years ago. I have been struggling financially ever since. I am unable to return to full time or part time employment as I have now been classed unfit for work due to being diagnosed with Fibromyalgia. My mobility is also greatly impaired and I am finding it increasingly difficult to cope both financially and with the pain caused by my condition.

I have entered into a payment arrangement with Lloyds Tsb Collections Department for the repayment of my loan as I have found these payments increasingly difficult to maintain.
I have received a letter from my Housing Association informing me that I am currently in arrears of £1117.53. As such, they are now considering court action for possession. I pay £140 per month (is this inclusive of your arrears, add a bit more detail?).
When my husband died it took nearly 4 months for the housing benefit department to sort out my new claim. They then mistakenly made a massive over payment. I am repaying this at nearly £10 per week which is taken from my benefit. I do not qualify for full benefit due to the fact that I receive widowed parents benefit, child benefit and child tax credit. This takes me over the threshold for income support.

I have had to have my overdraft increased by Lloyds Collections Department due to these charges being taken from my account. This is also being repaid, but only by £4 per month.

Lloyds TSB have applied default charges to my current account , number xxxxxxxxxxxxxxxxx. These total £461 for the year July 2007 to July 2008. I also have a stayed County Court claim against Lloyds TSB, claim number xxxxxxxxxxxxxxxx, which is for return of default charges totaling £4621.37 and which were applied to my account between xx/xx/xxxx and xx/xx/xxxx.
( Note : Shooter is the stayed claim in respect of the same Lloyds account or a different account with Lloyds – if it’s a different account then make sure you add in account name after claim number )

I confirm that I have also written to A&L requesting that they also refund default charges applied to a current account that I hold with them. These charges currently total £550 and will rise to a total of £630 0n 9th August 2008.

I trust that Lloyds Tsb agree that my situation is one of significant and severe financial hardship and will undertake to resolve my claims and return the default charges of £xxxxxxxxxx. ( £461 + £4621.37 ( or recalculated value of that stayed claim ))

Yours sincerely

**shooter** · 29th July 2008, 11:28:AM

Re: Shooter V Lloyds

Thank you
Thats fab and I will recalclate my figures and add them and also expand where indicated then get this off to them

**shooter** · 30th July 2008, 19:38:PM

Re: Shooter V Lloyds

Hi All
Just a quick question
Should I send this to the bank or SC and M or both
Should I send anything with the letter or wait for them to ask for more info?
I have an IE that was prepared in conjuction with LLoyds collections department should I send a copy of that?

Shooter V Lloyds SUCCESS