Am I hardship candidate?

[stewie082]

Re: Am I hardship candidate?

Hi All,

I just got off the phone from the number for Lloyds recovery etc etc dept. I noticed the number 0845 600 6299 and contact person Jon Bundy. I was told in no certain terms that was not the dept that deals with Hardship claims and I should write to Andover or go in branch if I want any assistance with my claim. Andover branch does NOT take inbound calls and there is NO contact number for them. Nice isn't it.

All I wanted to find out is where are my documents I requested of my charges.

The gent I spoke to was Kevin Winterburn, very friendly but mentioned the Jon Bundy case was a once off that he dealt with in the recovery and wont happen again. All claims have to go through Andover and that Jon Bundy is no longer in the Brighton office. He was however aware of a particular internet forum that had posted the details of the recovery centre and Jon Bundy's name.

I was told to go in branch to query everything.

To date I have been into my branch twice, called collections (x4), customer Support team (x5), Customer service (x2) and now recovery.

I dont think they understand what the one hand is doing with the other.

It is becoming very frustrating! Any help or contact information would be appreciated. I just want to know what's happening.

[WendyB]

Re: Am I hardship candidate?

Hi Stewie, only just got round to reading your thread. Don't beat yourself up about getting in debt, you are not on your own and it can be sorted, it may take time but it's not impossible.

Have you requested your credit card statements? I ask this because it can sometimes be quicker to get charges back from credit cards thank bank accounts. Yes the charges would probably be refunded onto your card and lower the balance, but that would in turn have the effect of reducing the amount you have to pay each month, thus freeing up a sum of money you culd put towards another debt.

And you are right, LTSB's right hand doesn't always seem to know what the left is doing. As Ame said above, it might be worth having a go for the hardship, but don't pin all your hopes on it. Try writing to the Andover address, send it recorded delivery. Send a copy of your I and E sheet.
Post up a copy of your letter here before you send it so people can tweak it if needs be.

Wendy xx

[Amethyst]

Re: Am I hardship candidate?

grr sounds like Bundy acted on his todd then and Shooter got lucky and possibly Bundys been relocated to somewhere you are allowed to be nice and consider customers....is there anywhere like that? . Have a look at Derochelles case Stewie shes just had an offer from Lloyds on hardship grounds, but it has taken to court hearing (on 11th Sept) to come up before they have shifted their bottoms.

[stewie082]

Re: Am I hardship candidate?

Hi Stewie, only just got round to reading your thread. Don't beat yourself up about getting in debt, you are not on your own and it can be sorted, it may take time but it's not impossible.

Have you requested your credit card statements? I ask this because it can sometimes be quicker to get charges back from credit cards thank bank accounts. Yes the charges would probably be refunded onto your card and lower the balance, but that would in turn have the effect of reducing the amount you have to pay each month, thus freeing up a sum of money you culd put towards another debt.

And you are right, LTSB's right hand doesn't always seem to know what the left is doing. As Ame said above, it might be worth having a go for the hardship, but don't pin all your hopes on it. Try writing to the Andover address, send it recorded delivery. Send a copy of your I and E sheet.
Post up a copy of your letter here before you send it so people can tweak it if needs be.

Wendy xx

Hi Wendy! Thanks for the support..

I didnt even think about going for the credit card charges yet. I did however request the charges sheet for my Lloyds credit card account in general because I have some PPI policy on that. So there are charges and PPI on the Lloyds credit card.

My accounts are a nightmare from hell at the moment! I have financial assistance to get me back on the right path but I think I was suckered at every corner with all the debt I got.

To date I have:

- 5 credit cards, all with charges and two with PPI
Vanquish CC - Paid in full
Capital One CC - Paid in full
Barclay Card CC - Grrr dont ask! Long way to go (PPI)
Co-Operative CC - Getting there another 2100 to go - Charges and default on this one
Lloyds Tsb CC - Only 800 to go (PPI)

Personal loan Weldcome finance - 2 times PPI, health etc etc. This one is very interesting and could be a big payout. Considering it was one loan then rolled over to the second and I didnt ask for PPI to be included. Plus its a joint account and my wife is not in full time employment, a condition of PPI?? They are hitting me £293 for 60 months.

Car Giant - PPI for three years and some Gap insurance. £80 a month for something I didnt need or want, nearly 3 yrs worth. I got a snotty letter and phone put down on me for that one.

Then the bank fees - Woohooo this should be close on 7k ex interest. So its a LONG road for me.

I dont have control over my finances, my wife and our FD pay all my debts :cry:....I get pocket money. 35yrs old and I get pocket money!!! You will be amazed what you can do with a pound a day!

[WendyB]

Re: Am I hardship candidate?

I didnt even think about going for the credit card charges yet. Well in my opinion you should do. Might be a bit faster way to get some money back.


To date I have:

- 5 credit cards, all with charges and two with PPI
Vanquish CC - Paid in full
Capital One CC - Paid in full
Barclay Card CC - Grrr dont ask! Long way to go (PPI)
Co-Operative CC - Getting there another 2100 to go - Charges and default on this one
Lloyds Tsb CC - Only 800 to go (PPI)

Have all the above cards got charges on them? If so, it would be well worth sending SAR to get statements, then doing them one at a time (or all at the same time if you can cope with the paperwork lol). Especially on the ones that are paid in full - any money you got from these would be real money, into your pocket, rather than offset against outstanding balance. So that could go to reduce other debts.


Personal loan Weldcome finance - 2 times PPI, health etc etc. This one is very interesting and could be a big payout. Considering it was one loan then rolled over to the second and I didnt ask for PPI to be included. Plus its a joint account and my wife is not in full time employment, a condition of PPI?? They are hitting me £293 for 60 months.

Car Giant - PPI for three years and some Gap insurance. £80 a month for something I didnt need or want, nearly 3 yrs worth. I got a snotty letter and phone put down on me for that one.

I don't know much about PPI (my own pathetic attempts to get it back failed miserably. lol)


Then the bank fees - Woohooo this should be close on 7k ex interest. So its a LONG road for me. Keep doing what you're doing on this, Ame and Co will sort you out.

I dont have control over my finances, my wife and our FD pay all my debts :cry:....I get pocket money. 35yrs old and I get pocket money!!! You will be amazed what you can do with a pound a day! No I wouldn't - thats about all I get lol.

I would advise capital One first - they're a pushover usually. And have heard that Vanquis cough up quite easily too, although I've never done Vanquis myself.

Good luck, keep your chin up.

[stewie082]

Re: Am I hardship candidate?

Hi All!

Well its coming up for 40 days now and I still dont have any of my bank charges listed back from Lloyds at all. They have confirmed they have recieved my request and the payment of £10.

Any ideas on what the next step may be?


God Bless
Stewie
------------------------------- merged -------------------------------
Hello all! I dont know where my last comment vanished to?

Anyhow, its coming for 40 days since I asked for my SAR from Lloyds and I have had nothing to date. I did call the customer service desk to enquire if my request had been recieved and they said it had.

Any ideas what I do next?

Stewie

[Amethyst]

Re: Am I hardship candidate?

Have a read of this thread stewie Legal Beagles

[stewie082]

Re: Am I hardship candidate?

Hi Beagles!

I finally got a detailed list of my bank charges from Lloyds, its amazing how close to the 40day limit they run these requests. I have calculated all the fees and added on interest, well I think I cracked it and it comes to a mind numbing £7433. Without interest its just just over £6500, I would be happy with the £6500 to be honest!

They were kind enough to enclude a note reminding me the FSA have put all claims on hold, no mention of the hardship rules that apply. So basically a reminder to let me know they are not open to communication. The contact number listed on the covering letter is no longer in use 0845 603 0899 and this is dated just a few days ago.

I have decided to give this a go, two members of my GA group have had recent success with Halifax without even going down the hardship route, they both received cheques in the last week and they did was send the template letter from the MSE website. No expense sheet or anything! Why are Lloyds being so indifferent!

Is there a template letter for hardship on the site? If not can someone give me hand in putting one together. I am in the process of being "diagnosed" as a person with a compulsive disorder (illness) and it has affected my relationship drastically (Relationship breakdown) and impacted on the finacial aspect of my life in a massive way.

On a good note I havnt even thought about placing any type of bet in close on 5 months. It feels good!

Take care and God bless
Stewie

[Amethyst]

ooo as it happens I have just been working on a Lloydsy will need a bit of amending to your circumstance but you welcome to have a fiddle with it...will need to be prelim (this ones from a case thats been stayed appealed and restayed .... and you'll need your spreadsheet and IE forms. I'll have a play now anyway.

edit: played should work okay as a prelim too. need all your personal stuff in there specifically the red bit which you can change completely to suit your circumstances....remember your IE will show the bigger picture.

Dear Banky Person


I request a refund of the various "Insufficient Funds" charges which you have taken from my account over the last XX years.

Further to recent publicity covering the High Court Test Case between the Office of Fair Trading and the Banks, I am now aware that these charges may be considered unlawful at Common Law and Statute.

The High Court has decided that recent charges applied to my account can be assessed for fairness under the Unfair Terms in Consumer Contracts Regulations 1999.

I believe these charges to be unfair as the terms which apply them fall under the remit of the Unfair Terms in Consumer Contracts Regulations 1999, Schedule 2 - paragraph (e) which states that contract terms which have the object or effect of ''(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation'' may be regarded as unfair.

I believe that older charges applied to my account are unlawful penalty charges and as such are irrecoverable at common law. Precedents for this include, but are not limited to, Dunlop Pneumatic v New Garage [1915] AC 79, Murray v. Leisure play [2005] EWCA Civ 963 and CMC Group Plc And Others V Zhang [2006] EWCA Civ 408.


Additionally it has come to my attention that the Relevant Terms were not incorporated into the Agreement and that there were no contractual terms that allowed for unilateral variation of the Relevant Terms by Lloyds.

If you believe that these charges are not unlawful penalties then I would be grateful if you would demonstrate this by providing me with a full breakdown of the costs you have incurred as a result of my breaches of contract, in order to satisfy me that your charges really do reflect your actual costs.

You will be aware of the Financial Difficulty terms which the FSA have outlined in the waiver which you enjoy during the test case. This revised waiver came into effect on 27th July 2008 and further outlines your responsibilities to consumers who are suffering from financial difficulty. While the terms of the waiver have enabled you to enjoy considerable benefits with specific regard to not dealing with customer complaints and ultimately in not returning charges.

I am currently only supported by XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX benefits totalling £XXXXX per week and have debts totalling over £17000 including arrears on my council tax and rental for my home. I believe it is, therefore, logical to draw the conclusion that I am in financial difficulty. As such, my account and my request for a refund should be treated accordingly.

I enclose a full income and expenditure sheet for your perusal together with supporting evidence of my income and debt.

I calculate that you have taken £ XXXX from my account in unlawful charges. Additionally, you have charged me interest on those unlawful charges which I estimate at £XXX. Additionally I require compensation at an interest rate of 18.9% per annum,which is the contractual rate of interest for unauthorised borrowing under the Agreement, from the dates of the charges set out in the attached spreadsheet to 13th September 2008. Therefore the total that I require you to repay to me is £xxxx.

Take notice, therefore, that should I not hear from you within 14 days of the date of this letter, informing me how you intend easing my financial situation I will send you one further letter, giving seven days notice of my intention to proceed with my claim in the county court.


Love

[enaid]

Re: Am I hardship candidate?

On a good note I havnt even thought about placing any type of bet in close on 5 months. It feels good!
Well done Stewie and good luck with your claim Enaid x