jax v Lloyds TSB new hardship claim

[jax007]

I have just had a letter from SCaM chasing payment of overdrafts on 2 Lloyds accounts which has reminded me how much I have to claim in charges.

Before I resurrect my claim on a hardship basis I want to send off a quick letter to SCaM informing them of my intent to claim the charges (which I think will clear both overdrafts and some).

I am thinking of writing along the lines of ................

Dear Scam

Thanks for your letter regarding overdraft, etc.

However, I would inform you that, under the terms of the FSA waiver hardship guidelines I believe that my husband and I meet the criteria for hardship and will therefore be pursuing our claim for refund of unlawful charges on this basis.

We shall be contacting Lloyds TSB directly in due course on this matter.

YF

Then I need to redo the calculations and send off claim ... PRONTO!

jaxx

[Amethyst]

Re: jax v Lloyds TSB new hardship claim

mention you consider the account to be in dispute and that under the banking code, oft debt collection guidelines 664 and the waiver they should not be pursuing you for the debt.

how much is the debt and how much are the charges?

also did you already write once re this claim ?

[jax007]

Re: jax v Lloyds TSB new hardship claim

Thanks Ames

Debt (overdraft) is for around £6600 and charges up to July 2007 are around £1500+ (sorry am at work so don't have paperwork) and there are several more up till now.

I applied for charges back then but did not get to court stage - so it has really just been left for me to resurrect and calculate charges to date. Because of now meeting criteria for hardship under guidelines, it's time to get on with it again.

[TUTTSI]

Hi Jax

Here is the link for the I&E for you when you write to Lloyds TSB. You will also need and upto date spreadie of charges and interest and supporting evidences to confirm your hardship claim.

http://www.legalbeagles.info/forums/...ead.php?t=5102

Tuttsi xx

[jax007]

Re: jax v Lloyds TSB new hardship claim

Thanx tuts ... we never did meet up for coffee did we ?

Maybe in the next few weeks??

jaxx

[TUTTSI]

Re: jax v Lloyds TSB new hardship claim

Thanx tuts ... we never did meet up for coffee did we ?

Maybe in the next few weeks??

jaxx

That would be great, just let me know when - Mill Hill or Edgware?

Tutts xx

[Amethyst]

Re: jax v Lloyds TSB new hardship claim

Thanks Ames

Debt (overdraft) is for around £6600 and charges up to July 2007 are around £1500+ (sorry am at work so don't have paperwork) and there are several more up till now.

I applied for charges back then but did not get to court stage - so it has really just been left for me to resurrect and calculate charges to date. Because of now meeting criteria for hardship under guidelines, it's time to get on with it again.

Do you have a repayment plan set up for the debts with SCM ?

Its unlikely you will get CI at all. Certainly not now and not under a hardship interim payment. The most you could expect from Lloyds (well actually best to expect nothing because they are the hardest to claim from and will not pay out unless you are at deaths door living in a toilet roll and then its not without a fight) would be 65% or so of the CHARGES.

You tell try and organise a repayment plan with SCM, they can't chase you, under the hardship guidelines, for that £1500 that is disputed, but they could whack a court claim in for the remaining £4500. However if they do sue you you can defend/counterclaim with your CI and get the whole lot put on a stay pending the outcome of the test case.

Being honest, I can't see you getting anything back at the moment, so you will have to play the game, submit IE and offer to pay on the OD (as a GOGW if you like) for the moment.

Yep its wrong and unfair, but I'm not going to get your hopes up for the sake of it.

I do still think you should write to them with your claim/complaint, IE and list of debts/arrears, add in an offer of repayment to SCM to try keep the status quo.

[jax007]

Re: jax v Lloyds TSB new hardship claim

Hmmm ....

Maybe MH?? I don't mind really. Weekends are best for me at the moment - not sure what your work commitments are??

[TUTTSI]

Re: jax v Lloyds TSB new hardship claim

Hmmm ....

Maybe MH?? I don't mind really. Weekends are best for me at the moment - not sure what your work commitments are??

Sat afternoons and MH is OK for me, but not this week,
Tutts xx

[jax007]

Re: jax v Lloyds TSB new hardship claim

Thanks Ames will do exactly that and make the following points .....

* Account in dispute in respect of claim for unlawful charges
* We meet hardship criteria but as a GOGW offer £xx pm until the outcome of the test case

Could you just answer the following questions too please...........??

1. Just out of interest ... why do you say we would not get CI "NOW"??

2. Should I state the reasons I feel we are a hardship case?

3. Should I submit a hardship claim as well?

4. If you suggest NOT submitting hardship claim, then shall I just submit a claim for refund of charges anyway... including CI (or rather compensatory interest as we call it these days)?

BTW we do have another LLoyds account which (up to July 2007) has £2860 in charges with CI of £3000 (calculated up to November 2007) totalling £5860.

Perhaps I should bring these charges up to date and make fresh up-to-date claims on both accounts??

[jax007]

Re: jax v Lloyds TSB new hardship claim

Letter to send off to SCaM ... any thoughts?

Should I put the paragraph in in BLUE or is it irrelevant?

Dear Sirs

Thank you for your letter of .............

We consider the account to be in dispute due to the non-refund of unlawful bank charges and has been since June 2007 and that, as such, under the Banking Code OFT Debt Collection Guidelines 664 and the waiver, Lloyds Bank plc may not default my account nor take further enforcement action whilst the debt remains in dispute.

Also, I would inform you that, under the terms of the FSA waiver hardship guidelines, I believe that we meet the criteria for hardship due, in the least, to my husband being diagnosed with a terminal illness and no longer being able to work. (Am wondering whether any of this paragraph should be put in??)

In the interim and as a GOGW, I am writing to offer payment of £xxx per month and trust this will be acceptable to Lloyds TSB.

Yours faithfully

[Amethyst]

Re: jax v Lloyds TSB new hardship claim

Thanks Ames will do exactly that and make the following points .....

* Account in dispute in respect of claim for unlawful charges
* We meet hardship criteria but as a GOGW offer £xx pm until the outcome of the test case Yes exactly

Could you just answer the following questions too please...........??

1. Just out of interest ... why do you say we would not get CI "NOW"?? until they are faced with it in court and whilst they have the unfair protection of the fsa waiver then they have no impetus at all to pay you anything let alone pay you interest for having borrowed the charges off you.

2. Should I state the reasons I feel we are a hardship case? to lloyds yes, no need to say that to SCuM

3. Should I submit a hardship claim as well? letters wise to the bank yes deifinately, i wouldnt put it through court as hardship

4. If you suggest NOT submitting hardship claim, then shall I just submit a claim for refund of charges anyway... including CI (or rather compensatory interest as we call it these days)? once you have done your 14 days LBA letter then yes put in your court claim with the courts - it WILL be stayed (unless something marvellous happens at the HoL at the end of the month) and then just keep plugging away at the bank directly on hardship grounds. Don't apply to lift the stay as it wont happen.

BTW we do have another LLoyds account which (up to July 2007) has £2860 in charges with CI of £3000 (calculated up to November 2007) totalling £5860.

Perhaps I should bring these charges up to date and make fresh up-to-date claims on both accounts??

YES definately, you can get away with a 14 day prelim then a 7 day LBA to get the claims in at court, and keep the hardship elements going direct to the bank.

[Amethyst]

Re: jax v Lloyds TSB new hardship claim

Amended it a little - for SCM yes?




Dear Sirs

Thank you for your letter of .............

I am writing to confirm that the sum claimed to be owing on the account referred to is currently in dispute due to the application of unlawful bank charges. This has been the case since June 2007 when we first queried the debt with Lloyds TSB.

You will be aware that the disputed amount related to charges which are currently subject to the OFT v Abby & Ors test case due to be appealed at the House of Lords at the end of the month.

You will be aware that under the terms of the FSA waiver on complaints handling given to the banks, the Banking Code, and under Debt Collection Guidance published by the Office of Fair Trading ( OFT664 ) Lloyds Bank plc may not default my account nor take further enforcement action whilst the debt remains in dispute. The disputed amount covers the entire sum alledged to be owing.

In the interim and as a gesture of goodwill as I am not intending to renege on my obligations to any debt which may be found to be owing, I am writing to offer payment of £xxx per month and trust this will be acceptable to Lloyds TSB.

I have written seperately directly to Lloyds Bank reiterating the dispute on the account and request by complaints to be dealt with under the Financial Difficulties exemption in the FSA waiver.

Yours faithfully



Then you want a seperate letter adding the new charges to your complaints and detailing all your personal hardship circumstances, include your IE and copiues of arrears letters, and give them 14 days to respond.

[jax007]

Re: jax v Lloyds TSB new hardship claim

Eeeee .... yer a little star!!!

:kiss:

If I make it to Brum I'll buy you a large one!!

Thanx hun :hug:

[Amethyst]

Re: jax v Lloyds TSB new hardship claim

Oooo that would be luverly thank u - be great if you can make it