Laura V Llloyds - interim payment Offered and part paid

[Amethyst]

Re: Laura V Llloyds

Laura, How are you getting along with this one?

Ame
xx

[Laura]

Re: Laura V Llloyds

At a dead end I`m afraid no response and can`t get through to John Bundy makes you wonder if hese avoiding calls?

[Amethyst]

Re: Laura V Llloyds

nope its not

okay we should be able to take it to FOS if lloyds arent doing anything...they do need 8 weeks from first letter to lloyds or a final resolution.

Seems john Bundy isnt dealing with hardship anymore - and people are being routed to the andover collection center.

We can try another letter kicking them up the bum a bit ? I know they said four weeks from 29th august...am just trying to find your final prelim letter you sent - do you have a copy ?

[Laura]

Re: Laura V Llloyds

Didn`t send them a final prelim? sent letter a template off the site to Quadrant Rd Brighton as recommended by the site demanding charges back within 14 days failure to respond a letter would be sent then if this was ignored a claim to small claims court and same to John Bundy on 19th August on hardship grounds telling him I would seek advice from FOS/FSA if he failed to respond to refund all/some of feeswhich were running at £2,780 Andover did sent a reply stating they`d sent complaint onto Andover Customer Service Recovery they said on the 26th August to allow them to respond within 4 weeks or sooner if possible
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on the 1st September Lloyds TSB added a further £423.99 charges to the account now making a total of £3,203.99 where on earth are they coming from how can they justify £423.99 of charges in one month? so much for me requesting they freeze charges on grounds of severe hardship, and they take my sons DLA every month not leaving him one penny of it must change his account for this to go into can`t let them keep doing this

[TUTTSI]

Re: Laura V Llloyds

nope its not

okay we should be able to take it to FOS if lloyds arent doing anything...they do need 8 weeks from first letter to lloyds or a final resolution.

Seems john Bundy isnt dealing with hardship anymore - and people are being routed to the andover collection center.

We can try another letter kicking them up the bum a bit ? I know they said four weeks from 29th august...am just trying to find your final prelim letter you sent - do you have a copy ?

Just a thought, what about a letter to the CEO .... to push it along. They normally work quite quickly.

[Amethyst]

Re: Laura V Llloyds

Didn`t send them a final prelim? sent letter a template off the site to Quadrant Rd Brighton as recommended by the site demanding charges back within 14 days failure to respond a letter would be sent then if this was ignored a claim to small claims court and same to John Bundy on 19th August on hardship grounds telling him I would seek advice from FOS/FSA if he failed to respond to refund all/some of feeswhich were running at £2,780 Andover did sent a reply stating they`d sent complaint onto Andover Customer Service Recovery they said on the 26th August to allow them to respond within 4 weeks or sooner if possible
------------------------------- merged -------------------------------
on the 1st September Lloyds TSB added a further £423.99 charges to the account now making a total of £3,203.99 where on earth are they coming from how can they justify £423.99 of charges in one month? so much for me requesting they freeze charges on grounds of severe hardship, and they take my sons DLA every month not leaving him one penny of it must change his account for this to go into can`t let them keep doing this

Okay we'll do a LBA now then they have had well over the 14 days you gave them. (and yes maybe copy it to the CEO)

Have you done your spreadsheet detailing the charges ?

[Laura]

Re: Laura V Llloyds

sent them copies of charges from bank statements thats all didn`t know how to do spreadsheets

[Amethyst]

Re: Laura V Llloyds

okay if you can do a list for me - all the charges on the statements and the dates they were charged I'll do your spreadsheet for you. email your list to me amethyst@legalbeagles.info - I have made a start on the LBA its going to be quite strong and will be a 14 days or court letter but is primarily aimed at getting them to take your sons hardship seriously and stop charging him.

[Laura]

Re: Laura V Llloyds

I must say this is very good of you just back from fetching 3 grandchildren from school will see to info real soon much obliged to you

[Laura]

Re: Laura V Llloyds

Just checked sons bank account £2,189 has been refunded in charges as "A gesture of goodwill" and £515 as been deposited to his account so hese £515 in credit in his account and all bank charges (£2,189) and any future charges due (£423.99) are cancelled at present can`t work out what hese actually paid in the charges levied and how many DLA payments they have witheld long winded letter received today any comments appreciated

From Recovery Centre Andover

Thank you for getting in touch. I am sorry you are unhappy about your bank account charges. If your complaint relates to the level, fairness or lawfulness of the charges please read on. If it relates to another issue such as an administrative error then please let us know

We are still looking into your query regarding bank charges. We have sent your concerns onto your holding branch who will contact you to discuss your account

We hope you are happy with our explanation. If we can help in any other way we`ll be pleased to help if you call us on 01264-725214 and quote the reference number

We believe that our current account fees and charges are clear and represent a fair charge for a banking service that is valued by our customers. However Lloyds Tsb (Along with other banks) has now become involved in legal proceedings with the Office of Fair Trading (OFT) in relation to unauthorised overdraft charges. We believe these proceedings will resolve the legal issues regarding the fairness and legality of these charges

In the first step of the legal proceedings a hearing in the high court was held earlier this year. The judge looked at our current terms and conditions and decided that unauthorised overdraft charges are not penalties. They are however, assessable for fairness. The court has not yet decided whether the charges are fair or not and further hearings will be held before any final decision is reached

A short hearing was held in July 2008 to look at the banks historic charges to determine whether they are capable of being penalties and whether they are assessable for fairness. For Lloyds Tsb, this involved looking at the charges in place before November 2007. The judge has not yet given his decision about the the historic charges. The banks have also been given permission to appeal the judge`s findings that the current charges are assessable for fairness. This appeal is expected to be heard in the autumn

Usually we would try to resolve your complaint through our internal complaints process as quickly as possible. However, until the determination of the legal issues in the above proceedings, we have asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with bank charges complaints which relate to unauthorised overdraft charges (or unplanned overdraft fees as we have called them since 2 November 2007) The FSA has agreed to this request subject to conditions that protect your rights

While generally we do not agree to repay any of these charges, we do consider each customer`s position individually. I have reviewed your case and taken into account the information available to me

From my review it does appear you were unable to maintain your account in its ususal manner from July 2007 to date. As this was due to unforeseen circumstances, I can tell you that in your case as a gesture of goodwill we are prepared to pay you £2189 as a refund of the unauthorised overdraft charges you have incurred

However, I should point out that if similar charges are incurred in the future, these will not be waived or refunded unless they have been incurred as a result of a bank error

We will credit this amount to your account as soon as possible but it usually takes around 10 working days. We will also cancel any of these charges that we may have told you about but have not yet been taken from your account. We will not refund any overdraft interest, standard account or service charges

From initial investigations we have carried out, it may also be that you are experiencing financial difficulties or hardship

We want to help our customers if they are in financial difficulty or hardship. So that we can see if there`s anything we can do to help, we`ve forwarded a copy of your letter to the Customer Support Unit. They are experts at dealing with people who are in financial difficulty or hardship and will help you review your finances to see if there`s anything we can do. They will be in touch with you within a week please read the rest of this letter as it explains what is happening with your complaint about Bank charges

If you do not agree with my assessment of your situation you are able to refer the matter to the Financial Ombudsman Service. Their leaflet "Your complaint and the Ombudsman" has been enclosed for reference

If you`re claiming more than the amount we`re going to repay you, the balance of your complaint will be suspended until the outcome of the legal proceedings

What will happen next will depend on the courts. We do not know how long the case will take-we have promised to proceed as quickly as possible but inevitably given the importance and complexity of the issues being considered this may take some time to finally resolve

For now, we can assure you that we have registered the details of your complaint and the remaining amount you`re claiming-and once the legal proceedings with the OFT are concluded, we will resolve your complaint as quickly as possible. If at that stage you do not agree with our response you will of course be able to refer your case to the Financial Ombudsman Service (FOS), or to the courts. Until then, please do keep all the documentation we have sent you as it will make it easier for you to support your complaint at this time

During the legal proceedings between the banks and the OFT, the FOS has generally decided to put all investigations and determinations concerning the fairness and legality of unauthorised overdraft charges on hold, until a decision has been made by the courts

If you`re thinking of making a claim through the courts, please note that we will be asking the courts to postpone proceedings about bank charges until the conclusion of the banks proceedings with OFT

We will also keep you updated about the proceedings with the OFT, you can also check the latest position on our website

We appreciate that you may have wanted to have all of your complaint dealt with more quickly, but we can assure you we will be taking steps to ensure that your complaint will not be disadvantaged whilst our legal proceedings with the OFT continue

Lynsey Milne
Customer Service Recovery

[Amethyst]

Re: Laura V Llloyds

WOW ! Well thats a turn up....

[Laura]

Re: Laura V Llloyds

Thanks for everyones advice help and support do you think this is a fair amount to start with? it`s actually £700 I think their overdraft was as been paid back to my son and £515 credit to his account so £1,200 so far

[Amethyst]

Re: Laura V Llloyds

From my review it does appear you were unable to maintain your account in its ususal manner from July 2007 to date. As this was due to unforeseen circumstances, I can tell you that in your case as a gesture of goodwill we are prepared to pay you £2189 as a refund of the unauthorised overdraft charges you have incurred

excellent

We will also cancel any of these charges that we may have told you about but have not yet been taken from your account

again excellent

However, I should point out that if similar charges are incurred in the future, these will not be waived or refunded unless they have been incurred as a result of a bank error

well thats not very helpful - I would see if your son would move within lloyds to a basic account so he doesn't incur more charges.


We'll write back accepting (if you agree) we still need all the statements for the past six years and we can carry on with the complaint for charges from 2002 to June 2007 - although they will keep this till after the test case.


This is really great news - are you happy ?

[Amethyst]

Re: Laura V Llloyds

Okay you need to call to ask the amount that has been paid in - use that number they gave you in the letter.

[TUTTSI]

Re: Laura V Llloyds - interim payment Offered and part paid

Thats fantastic Laura.

xx