thincat v lloyds

[thincat]

Re: thincat v lloyds

:biggrin1:Hi Amethyst,
Another development re my Bank Charges claim. I received a letter from Lloyds on Monday
from their Consumer Debt Recovery dept. Basically it's a "Threatomatic"(A Curlyben Term!)
letter asking for the full amount owed or else it's court action. Now, correct me if I'm wrong
but I don't think that Lloyds are in a position to adopt this stance while there is a dispute
concerning the debt(OFT guidelines). Given that I had a DCA chasing me for the overdraft
owed, last october I feel that this is a follow up from that. Curlyben advised me on the
reply to said DCA which seems to be one reason why I've heard nothing for a while.
Any input from you or Curlyben would help because I do want to pursue the Claim
I've put in.


Thanks,

Thincat.

PS. As a result of the letter from Lloyds I uploaded to you, am I right in saying it's a
matter of more thought, given the ongoing issues with Lloyds and Megansden(yes I've
been folowing that one)?

[Amethyst]

Re: thincat v lloyds

As far as Lloyds is concerned there is no dispute. You need to tell them, and the DCA, there still is, and that you are taking the complaint to the FOS and any action should be held until that is resolved.

You need to get your case together for the FOS considering the issues I rambled about before.

[thincat]

Re: thincat v lloyds

Thanks for that. In this instance the DCA appears to have gone away and referred the matter back to Lloyds. I'm giving my case lots of thought and may well ask for clarification
on the points you mentioned. I'm VERY aware how busy things are in the light of yesterday's OFT missive and other things so I'll try to make sure I'm as clued up as possible. Thanks for all your help.

Thincat.

[thincat]

Re: thincat v lloyds

Hi Amethyst,
Just an update, I've sent a letter to Lloyds Debt Recovery Dept telling them the debt is still in dispute and I'm going to the Financial Ombudsman Service. I'm starting (slowly) to prepare the complaint to the FOS. Is it possible please to upload any drafts I compile for
this to you for scrutiny BEFORE I send anything off. I'm aware that the situation is
changing all the time so I'm trying to keep an eye on this site as much as possible.
Thank you for ALL your help and work on ALL our behalfs yet again.

Thincat

[Amethyst]

Re: thincat v lloyds

Yep, go for your life

[thincat]

Re: thincat v lloyds

Cool.

[thincat]

Re: thincat v lloyds

Hi Amethyst,
Got a letter yesterday from the DCA re the account I'm claiming charges for. I told them about it being in dispute and that I'm complaining to the FOS. They are now asking for proof of this and are "suspending hostilities" for 2 weeks so that I can do this. Question is
do I need to provide them with this information bearing in mind I've told them what I'm
doing and warned them about OFT guidelines? I suspect I don't have to provide them with
this information. Can you or anyone else clarify this for me.

Thanks.

Thincat.

[natweststaffmember]

Re: thincat v lloyds

If you have an FOS reference number then that should be sufficient.

[thincat]

Re: thincat v lloyds

Ok. I haven't sorted out the complaint yet, I'm still in the middle of doing that. Thankyou for that info though.

Thincat.

[thincat]

Re: thincat v lloyds

Hi All,
A quick question. If the FOS fail to uphold my complaint and there is a breakthrough re
claiming charges can I try to reclaim the bank charges again?

Thanks,

Thincat.

[thincat]

Re: thincat v lloyds

Hi Amethyst,
Due to the fact that I'm running out of time to reply to the DCA's letter,I've spent the last few days trying to put together the basis of a complaint to the FOS that is coherent and
credible based on the analysis of my letter above. Correct me if I'm wrong because I've
also been reading a load of other posts about this (also JanieH's posts too) to get a better idea of where all this is at he moment. So far my understanding is along these
lines:-

1). Lloyds Bank although they had no T&Cs written down before 2007 granted me
an Overdraft on the basis of Common Law and various Banking Laws and FSA regulations.

2). This is disputed on the basis that I was not informed of the basis of this overdraft
which is/was an implied contract and therefore was unable to make a judgement about
the fairness of the charges and the fairness of the contract(granting of the overdraft).
3). Therefore can I conclude that the situation was unbalanced and unfair?

I've looked at(and will look at again till I understand) the various links you've given me,
thankyou for that. Also I REALLY understand when people on this forum say that so much of this goes over their head it doesn't stick and repeated scrutiny is necessary to get an
understanding of the whys and wherefores in this whole thing. I'm not put off by this it
just means I've got to work abit harder mentally. I do think some of this could do with
greater simplification however.
I'm going to look at Megansden's thread to get more understanding and I'm going to
try and get something written down for the FOS complaint asap. BTW do I have to
provide specific instances of unfairness in my Complaint?

Also does Scrivenor's(I hope I've spelt this correctly) stuff help my complaint?

I'm hoping to get this in before the DCA starts hassling again but I'm not sure I'll manage
this. I VERY VERY much want to get this right so if I end up going to court I know what I'm
talking about. Please let me know what you think, when you've got a spare moment.

Thanks,

Thincat

[Amethyst]

Re: thincat v lloyds

Goes over my head too honey.

Scrivener outlines the situation with Lloyds quite succinctly I think.

With the FOS your arguments are less legal and more personal so its back to your specific instances of unfairness, and that you don't believe there were any terms incorporated into the agreement between your self and the bank which allowed them to a) impose charges and b) vary the contract.

The FOS dont want or need legal argument just clearly set out reasons why you think the charges are unfair and should be refunded. Post up a draft when you have the basics in place - as things are so personal now I would be loathe to do any kind of template for complaints lest it puts people off considering their actual reasons fully, the only thing you cant argue is that the charges are disprop to the cost.

Once thats off then you can evidence the dispute to the DCA so they have to back off a while - I am quite strongly in favour of making at least minimal payments whilst the dispute is sorted out with no admission of liability and on the understand they will be refunded if the dispute is resolved in your favour - just to stave off any future problems with CRAs etc. Before when the cases were cut and dried I'd have said they can sing for any money, but now I think you have to protect yourself against an unfavourable outcome to the claim.

[thincat]

Re: thincat v lloyds

Amethyst,

Thanks for that. As ever,much appreciated. I'm clearer.

Thincat.

[thincat]

Re: thincat v lloyds

Hi Amethyst,
I've spent some time basically getting the format of a basic draft letter of complaint sorted out. I was wondering if you could give me a view on what I've put together. Basically it goes like this:-

Dear Sir/Madam,

I wish to make a formal complaint regarding the unfair treatment I have experienced
with my Current account(now closed ).
At one stage amongst all the excessive charges imposed which took me above my overddraft repeatedly, money was also removed from my account to cover money
owed on my credit card even though it would take me above my overdraft limit. I was unaware that the bank could do this until I queried certain figures which appeared on my bank statement. I did remonstrate on several occasions with the bank about this and pointed out that I would exceed my overdraft limit but I was told they could do this and it
was in their T&Cs(for the credit card?). Strangely withdrawals from the account stopped
after I disputed the account. Blah, blah blah.

I'm looking for further instances of unfairness but I'd like your opinion on this please.
I got another letter from the DCA giving me more time to provide evidence of the fact I'm
going to the FOS. Strange that. Haven't offered them any money yet if I do it'll be
£1 a month. Let me know.

Thank you for ALL your efforts on our behalf,

Thincat.

[thincat]

Re: thincat v lloyds

Hi,
Is anybody going to reply to my post? I've tried get a reply but nothing has happened. I'd be grateful for a pointer concerning my last post.

Thincat