Lloyds ignored hardship claim

[monstertruck_monkey]

Hi everyone
Looking for a little advice here, I've been trying to reclaim my bank charges on 2 business accounts with Lloyds TSB, I'd sent off a letter saying that I was experiencing financial hardship which they have completely ignored and have not asked for any proofs of my situation. They forced my hand in to issuing court forms and I have just had a letter through saying that the case has been stayed pending the outcome of the OFT test case. However I wrote to them on the 2/11/08 asking for my case to be treated as one of hardship, a request they have completely ignored. Is there any way in which I can use the fact they they did not acknowledge my hardship claim I have 3 days left to reply to the order.
Any help much appriciated

[Mochamoo]

Re: Lloyds ignored hardship claim

I am fairly sure that business accounts are not covered by the hardship waiver, I am sure someone will correct me if I am wrong

What is your current financial situation? What have you said so far in your letters?

[Tools]

Re: Lloyds ignored hardship claim

Hi and welcome to Beagles.

What is the order you have to reply to? Could you scan up a copy leaving out the personal details. Was it the Courts you wrote to asking for the case to be treated as hardship? If so, it would be highly unlikely they would lift the stay until the test case has concluded.

What evidence did you send to Lloyds to support your claim for hardship?

If you could post up some more details describing the situation regarding your hardship claims, debt arrears, business difficulties, pending court action from creditors etc.

The more detail you can give the easier it will be to assist you.

[WendyB]

Re: Lloyds ignored hardship claim

Business accounts do not come under the terms of the waiver, so should not have been stayed in court, it might be worth writing to both the court and LTSB pointing this out. Business accounts also do not come under hardship.

[Amethyst]

Re: Lloyds ignored hardship claim

Morning

Are you a sole trader with a 'trading as' account - if so then you can treat the account as a personal account and use UTCCR and the hardship terms of the waiver.

Otherwise Business accounts (ltd,partnership etc) do not come under the waiver so should be processed through the normal complaint channels. Hardship and the waiver do not apply. However the judge in the test case has stated there is a read across to Business Accounts with regards to not being capable of being penalty charges and you are unable to use the consumer regulatations UTCCR 1999. So you are left with complaining to the bank that you believe the charges are too high and are damaging your business.


We need to know what your account is, what basis you have written to them thus far, an outline of your circumstances and what the order is you have to reply to.

Then hopefully we will be able to help

Ame
xx

[monstertruck_monkey]

Re: Lloyds ignored hardship claim

I'm going to try to answer all questions at one here:

It is a "trading as" account

Lloyds ignored the hardhip claims in my letters and have not asked for any evidence of my situation.

I have arrears on my mortgage and an unpaid tax bill

I am happy for the monies owed to go straight to the taxman if that's easier

The letter that i have received from the court that says:
"Sitting at Northampton County Court

Without Hearing
IT IS ORDERED THAT:-

1) Following the filing of a defence or holding defence the claim shall be stayed pending judgement in the office of fair trading test case.
2) Liberty to apply with an explanation

NOTE: a party affected by this order may under rule 3.5 (5) apply to have it set aside, varied or stayed within 7 days of this service of order."

Hope that helps, and thank you to everyone for their input so far.

[Amethyst]

Re: Lloyds ignored hardship claim

Just realised I'm helping you on MSE at the moment as well...is that the same claim (sounds like it is but best to check these things )
URGENT Letter from Lloyds Solicitors trying to get me to back down - MoneySavingExpert.com Forums

for info

When I sent in the original letter I stated that I wished my case to be considered within the remit of financial difficulties as I have arrears on my mortgage (which I an able to prove by my most recent statement from my mortgage company). The claims of financial hardship in the letters I sent on the 2/11/08 were completely ignored in their standard response letters I received on the 6/11/08. After this I received another letter which basically told me to speak to my relationship manager, who obviously said that there was nothing that she was authorised to do. When I asked Natwest to consider my claims of financial harship they had me fill in forms and I managed to get an offer from them which I have accepted.

''Trading as'' account - yes you are fine to do that on personal account basis - hardship does apply and so does the waiver.

Your claim will now just be held in court and no there is no need to do anything further with the court. The bank will put a defence in asking for a stay and it will be automatically granted, if anything different happens then let us know The courts won't deal with hardship. Applying to vary/setaside the stay on those terms will most likely fail.


Do you have a copy of the last letter claiming hardship that you sent to the bank ?

[WendyB]

Re: Lloyds ignored hardship claim

But this thread is re LTSB, the bit you've quoted from MSE is Natwest?

[Amethyst]

Re: Lloyds ignored hardship claim

he's just saying when he claimed with natwest they asked him for the evidence etc and lloyds havent.