Bluebell vs Lloyds

[Bluebell]

Re: Bluebell vs Lloyds

I love cuckoo land - its actually where I live most of my life. I suppose anything could happen... and it's so much better being positive...they might write off the debt and let me have ALL of the charges back. dreamy Sigh.

Actually just facing it and getting the debt sorted is what I really want just now. I spoke to a friend today who's being taken to court by LLoyds for her OD caused mainly by charges (runs into '000s). All she wants is to get her life back on track. I did tell her about this site but she's too busy to deal with it. I suppose that's what the banks are hoping we'll all do.
ukesorry about that)

[Amethyst]

Re: Bluebell vs Lloyds

Arggggggggggghhhhhhhhhhhhhhhhh bluebell get your friend on here, stuff being too busy - all it takes is a defence and counterclaim which is pretty easy to knock up (Tools has just done one your Yorkshire Bank) It will avoid her getting a CCJ against her and having to go through redetermination - if she just lets it slide through she'll get a forthwith order rubberstamped. The claim against her should at the very least be stayed until the outcome of the test case.

I know it feels easier just to let things happen when ur in that boat - but the banks took money from her unfairly - and she shouldnt be getting a CCJ against her when most of it is those charges that should never have been taken in first place.

We all feel like giving up sometimes. Go give her a nudge.


With yours Bluebell - once you get the charges back it is going to be a hell of a lot easier to negotiate write off/installments on 2k rather than 6k isnt it.

[Amethyst]

Re: Bluebell vs Lloyds

Ummmmmmmm also this hardship jobby with Lloyds, I don't know, EXC or scoobs, if we can use the lack of any terms and conditions to swing things at all ?

[Bluebell]

Re: Bluebell vs Lloyds

I'm seeing my friend tomorrow, I'll try to show her the LB site and introduce her to you guys.

Got to go OH is sighing deeply as he needs to use the spreadie because is phoning a debt advice agency re the bankruptcy.

[Bluebell]

Re: Bluebell vs Lloyds

I'm afraid I've lost track of what we were thinking of doing. I'm pretty useless at the moment - pea brain.

This is what I have so far re the hardship letter. Should I send this anyway?


Dear Sir/Madam

Reference case number:

I am sure you are fully aware of the FSA’s Waiver hardship conditions, I quote them below because of your apparent refusal to acknowledge them in my case. The FSA made the following statement in its Waiver announcement of 27 July 2007.

"Consumers who are in very difficult financial circumstances - 'hardship cases'
Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS."

You therefore have a clear obligation, both to identify severe hardship cases and to process them. In my case you have done neither, by using the Waiver as a smokescreen to avoid your responsibilities with unnecessary and transparent delaying tactics. This issue cannot be avoided any longer and I suggest that you appoint somebody to my case who has the ability to deal with it competently - a quality that has been singularly lacking in all of your actions to date.

You were made fully aware of my financial situation in the court case dated XXXXX
I draw your attention, again, to the following facts of the claim.


1. You are already fully aware of my financial situation as I have previously completed an I&E form
2. The original charges were applied at a time when I was suffering many problems, due to a drop in income and health issues. My income status has not changed and as I am due to have a baby in June it is unlikely to improve in the near future.
3. My current situation is that the charges and the resulting OD caused solely by these charges is currently causing me severe hardship.
4. Despite these facts you have recently lowered my overdraft limit by £800 rendering my account vulnerable to charges.

In view of all of the points above, I now require clear and concise answers to the following questions.
1. What are your criteria for judging severe hardship cases, in line with the express conditions of the FSA’s Waiver that you are obliged to uphold?
2. Do you consider that I classify as a hardship case under the conditions of the Waiver?
3. If you do not, please explain why my circumstances do not fall within your criteria for identifying severe hardship cases and the grounds upon which you have repeatedly refused to process my claim.
4. Why did you not consider my case properly outside the court system, as you are mandated to do by the conditions of the Waiver?
5. What other information do you require from me in order to assess my claim, given that you already have full evidence, yet appear to have failed to register (or understand) this competently.

I enclose again for your information a copy of the spreadsheet which calculates my charges to today’s date.

I now require that you either deal with my claim appropriately (and swiftly), or else supply direct answers to the questions above. I do not expect further template letters or more waffling to avoid the key issues by using further delaying tactics.
In view of these time-wasting tactics I will only allow you 7 days to respond to me before taking further action on the matter. I have already referred this case to the FOS and I am sending a copy of this correspondence to them.

If you do not respond within my timescale, or you do not respond favourably, I reserve the right to take any further action relevant to this case without further reference to yourselves. I strongly suggest that this time you appoint a case worker capable of understanding the gravity of your position and the need for you to take the issues seriously, whilst that option is still available to you.

[Amethyst]

Re: Bluebell vs Lloyds

hang fire for scoobs to come back to you :hug:

[scoobydoo]

Re: Bluebell vs Lloyds

To be honest I think which ever way you go ts going to be a battle - so the letter is a good a way to start as any . At least we will know why they will not deal with you under the terms on the waiver . Once you have something in writing then we can move on the the FOS or complain to the FSA. I am not sure about trying to write off the rest of the debt - but I think I would at least request that as you have again pointed out your financial difficulties that everything is frozen including charges and interest until the dispute is concluded?

IMO

[Bluebell]

Re: Bluebell vs Lloyds

oooh. Something very weird has happened

I spoke to a very helpful man in the collections centre!!! I decided to phone them (perhaps I am a masochist) because I can't access my statements on line and need to get things sorted to send info to council etc. Anyway I explained that I am surprised my account has been sent to collections as I am in financial hardship as I keep telling them and that the bank and their lawyers are aware of my situation. The man seemed to actually be listening rather than waiting for a gap to spout some standard line from a script. He said we could come to an arrangement - could I pay £25 to avoid the debt being send to another agency? I said no I could manage £1 - he said they would only accept £8 - after a few minutes discussing it he said he couldn't put £1 into his system and to contact the CCCS or CAB to get them to write. Said I'd already spoken to them - and they'd advised I contact the bank. In the end he agreed (verbally) - couldn't put it in writing that I should pay £1 and that the debt won't be sent to another agency as it is in dispute - and that when the charges dispute is resolved and Lloyds pay back the charges the balance on my account will improve.

Very strange and a bit unnerving - am glad I phoned. (didn't think I'd ever say that)

So so you think I should send the letter above altered to include details of the conversation I just had (and the fact that the guy in the call centre couldn't confirm in writing) that I'm going to pay £1 per month into the account. Don't want to take away any of its potency but also can't really send it as it is now that I have spoken to someone helpful.

thanks
x

I do want to o LLoyds but I might alter it a bit to

[Amethyst]

Re: Bluebell vs Lloyds

In the end he agreed (verbally) - couldn't put it in writing that I should pay £1 and that the debt won't be sent to another agency as it is in dispute - and that when the charges dispute is resolved and Lloyds pay back the charges the balance on my account will improve.



pmsl thats excellent :kiss:

I dont get why you had to pay £1 to put the account properly into dispute tho.


Yes I would amend your letter a little but i wouldnt soften it that much off the back of getting a nice man today - he might have been talking out his bum too.

[Bluebell]

Re: Bluebell vs Lloyds

I have only changed a couple of paragraphs - (in red) - do you think that's clear?


Dear Sir/Madam

Reference case number:

I am sure you are fully aware of the FSA’s Waiver hardship conditions, I quote them below because of your apparent refusal to acknowledge them in my case. The FSA made the following statement in its Waiver announcement of 27 July 2007.

"Consumers who are in very difficult financial circumstances - 'hardship cases'
Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS."

You therefore have a clear obligation, both to identify severe hardship cases and to process them. In my case you have done neither, by using the Waiver as a smokescreen to avoid your responsibilities with unnecessary and transparent delaying tactics. This issue cannot be avoided any longer and I suggest that you appoint somebody to my case who has the ability to deal with it competently - a quality that has been singularly lacking in all of your actions to date.

You were made fully aware of my financial situation in the court case dated XXXXX
I draw your attention, again, to the following facts of the claim.


1. You are already fully aware of my financial situation as I have previously completed an I&E form
2. The original charges were applied at a time when I was suffering many problems, due to a drop in income and health issues. My income status has not changed and as I am due to have a baby in June it is unlikely to improve in the near future.
3. My current situation is that the charges and the resulting OD caused solely by these charges is currently causing me severe hardship.
4. You recently lowered my overdraft limit by £800 rendering my account once again vulnerable to charges.
5. Even though the account is in dispute my account was sent to collections and I have had to make an arrangement to pay £1 p/month in order to prevent further action (which your customer services agent was unable to confirm in writing).

In view of all of the points above, I now require clear and concise answers to the following questions.
1. What are your criteria for judging severe hardship cases, in line with the express conditions of the FSA’s Waiver that you are obliged to uphold?
2. Do you consider that I classify as a hardship case under the conditions of the Waiver?
3. If you do not, please explain why my circumstances do not fall within your criteria for identifying severe hardship cases and the grounds upon which you have repeatedly refused to process my claim.
4. Why did you not consider my case properly outside the court system, as you are mandated to do by the conditions of the Waiver?
5. What other information do you require from me in order to assess my claim, given that you already have full evidence, yet appear to have failed to register (or understand) this competently.

I enclose again for your information a copy of the spreadsheet which calculates my charges to today’s date.

I now require that you either deal with my claim appropriately (and swiftly), or else supply direct answers to the questions above. I do not expect further template letters or more waffling to avoid the key issues by using further delaying tactics.
In view of these time-wasting tactics I will only allow you 7 days to respond to me before taking further action on the matter. I have already referred this case to the FOS and I am sending a copy of this correspondence to them.

If you do not respond within my timescale, or you do not respond favourably, I reserve the right to take any further action relevant to this case without further reference to yourselves. I strongly suggest that this time you appoint a case worker capable of understanding the gravity of your position and the need for you to take the issues seriously, whilst that option is still available to you.

[scoobydoo]

Re: Bluebell vs Lloyds

sounds ok to me

give it a try and then we can see what happens. the fact that Barclays have reduced their charges mst give us all a glimmer of hope.

[Bluebell]

Re: Bluebell vs Lloyds

Hi Guys,
sorry I am so slow at getting this letter off! Just thought of another thing I could add - just read Ame's thread Open Letter to Lloyds re Social Inclusion and First right of appropriation. It reminded me that I used to have my HB paid into that account. Now that they've dropped my OD limit I can't use it anymore (and my HB payments have been suspended for the moment anyway) so I've opened a new account for any new claim/benefits. Lloyds don't know this though.

SO I've added a bit more..
4. Despite being aware of the above and several telephone conversations I have had with your various collections departments you recently lowered my overdraft limit by £800 rendering my account once again vulnerable to charges and further interest. I am also unable to use the account to receive payments such as housing benefit and maternity allowance.

If it looks ok to you I'll post it TOMORROW! That's if the raspberry tea doesn't work reggers:

[scoobydoo]

Re: Bluebell vs Lloyds

Hi - sorry have not been posting for a while

Have you done the letter ?

Jan