Hi, Lloyds know all this and are completely accepting that I am in financial hardship, and may lose my house and car if I'm not refunded charges NOW....but they're also saying that they are under no obligation to lift the stay and that they won't agree to do that. They are also refusing outright to process any claim made with them for a refund of bank charges even though I am a hardship case. They are also lowering my permanent overdraft limit by £15 every single month to try and finish me off ! I have no option but to keep borrowing on credit cards in order to stay out of debt collection and damage to my credit rating, which I think I'll definately need once this is all over. The FSA were vague as hell about all this and I don't seem to find anything concrete that says they HAVE to process a claim made for a refund if they agree that I'm in financial hardship, the FOS were even more wishy washy and have quoted me 6 months or thereabouts before a complaint to refund charges is resolved through them (and then no guarantee that they will award a refund). The hardship stuff is as useful as a chocolate teapot with regards to any meaningful assistance to those in genuine difficulty, it's still totally down to the discretion of the banks it seems, I'm at a loss to understand why some people have been refunded and I'm not ??? The FSA can't be seem to be able to tell me anything about forcing them to process my claim even when they fully admit I'm in hardship !!??? I think the courts might be my only hope, and those chances are slim to zero I think, depending on the district judge that looks at my application for the order to remove the stay and how a good a case I put forwards (p.s. none of the skeleton arguem,ent links are working, I'm making it up as I go along if someone could just post it here that would be very helpful...or cut and paste and privately message me..please). I've managed to get a name of someone in Cardiff County Court, who'll be able to tell me 1) how many stays have been lifted due to financial hardship in Cardiff 2) how many stays haven't been lifted when claiments present financial hardship cases 3) how many claims that LLoyds have settled with no quibble once stays have been lifted 4) whether - to date - Lloyds have one a single case against a claimant and not had refund charges 5) whether Lloyds have actually gone through with a court case once the stays have been lifted I think this'll help my case. I now realise that there is no legal requirement for any judge to rule to lift a stay once hardship has been cliamed, or even admitted by the bank, but I'm hoping to appeal to common sense and concience. Once I have figures as mentioned above I'll repost (the chap is on holiday until Wednesday next week), in case any one else wants to use them for Cardiff County Court (Civil Justice Centre). Any one else who has any advice or info on Cardiff or Lloyds would be appreciated, particularly those that have had stays lifted at Cardiff, or full refunds before cases come to court at Cardiff. I'm actually wondering if I should employ a solicitor at this point. Many thanks.

Thanks bankfodder, I'm going to try and appeal to the judges compassion anyway (I spoke to someone today who said I could just write a letter and take it in tomorrow with my evidence), keep pestering Lloyds for a formal response, put a complaint in with the FOS and report Lloyds to the FSA for not processing my claim even though they conceded I'm a hardship case, and also keep pestering Sechiari Clarke & Mitchell, Lloyds' solicitors.........I'm at my wits end and think I'll probably lose the car which means it'll be impossible to get another job as I can't travel to childminders or for work to get any reasonable hours in (I'm an engineer, no engineering jobs in the water industry in Wales at the moment all miles away, no part-time or flexi options in male dominated professions, stupidly overqualified for part time jobs in others area's that are available), having the car repo'd means my near perfect credit score'll be ruined so no more credit for another car - I just hope I manage to keep the house through all this........sorry to whinge, thanks for your support....perhaps I'll lie for the next admin job that comes up and say I've only GCSE's

Lloyds have finally agreed, albeit only verbally at the moment, that I am in financial hardship but are still refusing to process my claim, or agree to lift the stay on my court case that was submitted 2007, and say that within the FSA rules the stay on my case (at Cardiff small claims) will remain. They have also said that they will write confirming this but can't say when that will be ??? All I have is a name in the charges (Andover) department at the moment confirming this. I'm unclear though as to whether they do have an obligation to process my claim, as I have a court case stayed?? I am officially redundant and on income support in a weeks time, single parent, don't get my mortage interest paid for 12 weeks, no redundancy pay, no savings, I have no funds to meet my car payment due August. Should I just pursue this through the courts, Cardiff Court say I can just write a letter asking the district judge to lift the stay with my financial hardship reasons, or should I push Lloyds to process my claim ? If I do write to the courts does anyone know how long it's likely to be to actually get a court date if the judge agrees to lift the stay in my case ? Any advice much appreciated as I'm getting absolutely nowhere fast.

Happy New Year, I wanted to post my success here, I cancelled the standing order and wrote stating that the debt was statute barred unless they could provide evidence of communication/acknowledgement from me of the debt within the 6 year time period, I said I would wait to hear but that I was satisfied that the matter was concluded....I used one of the templates here. I've waited, and waited, also I've regularly checked my credit report in case they recorded anything there such as a default notice........... and have heard nothing, they have crawled back under their stone. Thank you to everyone here, over £2K written off as statute barred, I love this site, CAT.

Hi Brassed off, Many thanks for the helpful reply. I managed to get everything on email eventually with Apex earlier in the year and the FOS say that this communication, which clearly offers a temporary overdraft until my balance is reduced to under £1200 is evidence for my case in the event that Lloyds try to uphold the agreement that doesn't exist (not yet anyway-but I expect I'll get a letter soon asking me to pay off the whole overdraft). You're right.........and I need to actually write to collections again, requesting that I am not contacted in any other way than by writing, and also not to write to me to ask me to telephone them. I'll also request that they do not contact me regarding the alleged money owed on this account until the dispute regarding this amount of money has been resolved and quote my complaint reference number. I'm also going to send a copy of the email communication where Apex offer me, on behalf of Lloyds the temporary overdraft until my account reduces to under my permanent limit of £1200. I'm expecting them to "resolve" the complaint by stating that the agreement migrated incorrectly from Apex to Lloyds, but then to start pushing for the overdraft to be paid off. I think I need to get ready for that and look at terms and conditions on when they can ask for it to be paid back. Thanks again for getting my head a bit clearer. Much appreciated. Cat.

Hello all, I'm not sure if I'm in the right place, please can any one advise ? background..... Filed claim for approx £3K in charges last year, which were applied during my marriage breakup and hardship 2002/2003. Case is currently stayed I was hard up single mother when I put the claim in, but boyfriend moved in in May this year so I don't think hardship applies now. Charges applied October 2007 for unpaid DD & SO which took me over my permanent overdraft limit of £1200, I was mugged (reported to London police) and my account went off track in the aftermath, I had a lot of cash stolen and I used what was in my account to get home, wasn't thinking right and didn't cancel my DD and SO, no funds to put in there until payday. Lloyds were fully aware of this as I rang them to plead that they cancel the charges. Collections harrassed me for 3 months demanding I pay the full amount over my OD limit back immediately Collections referred account to solicitors and finally Apex Credit Management I agreed with Apex in February 2008, by email communication only, to accept a temporary overdraft offer by Lloyds to enable me to borrow money from family and friends to pay off the amount over my OD limit until my balance was back under the agreed limit of £1200 Incidentally, Apex told me that Lloyds Collections told them that they had already offered me this deal in a telephone conversation with me that lastest no longer than..... " Good Morning, can I speak to XXXX? " Collections "not of that's Lloyds Collections as I've told you before I cannot pay the full amount back, Goodbye" - me at which point I hung up (we'd had a dozen or more phonecalls like this one in the preceding two weeks or so) I got my account back within the overdraft limit in September and reduced my monthly payments to just cover the overdraft interest and keep my account under the agreed limit til my case to recover charges and interest is resolved. I am hoping that I'll be successful and be able to clear the overdraft in one go. An overdraft that, to add insult to injury, I wouldn't have if they hadn't applied £3K worth of charges I started receiving threatening letters from Lloyds saying that payments I had agreed to make hadn't been made because not enough funds in the account in November. They're extra daily and monthly charges on the account for unauthorised overdraft use. I eventually realised after doing their sums, that they are attempting to enforce an agreement to keep paying £30 a month until the whole overdraft is payed off. They're reducing the overdraft limit by £30 a month, and as I'm only paying £15 (which is meant to pay the interest on the £1200) they're clocking £15 as an unauthorised overdaft every month and chargeing me for not paying the overdraft interest. I rang collections who just said that they are not doing anything fraudulent, that the agreement might not have "migrated" properly (whatever the hell that means), and that they would look into it. I made an official complaint to Head office and also collections and was aknowledged in writing 10th December 2008. I have just received a letter dated 23rd December asking me to ring collections, which I have, and they are demanding that I pay the money that I have disputed that I owe them !!!!!!!!! Collections have agreed to place "a hold" on my account for 14 days, but say that after that the "system" will generate letters to keep chasing the amount "I owe them". IS THERE ANY WAY I CAN STOP THE COLLECTIONS MACHINE DOING THIS ? I am fully prepared for the eventuality that I'll have to take this to the FOS, I've rung them today asking for advice on how to stop them harrassing me for this alledged debt that is currently being disputed, they are sending an acknowledgment letter and a complaint form (in case) I'm not satisfied with Lloyds' response to my complaint when their 8 weeks is up. I'm also fully expecting Lloyds to formally review the permanent limit of £1200 and start asking for it to be paid back instead of me just keeping it ticking over with interest payments until the case is heard. Sorry to write war and peace on New Years Eve, I've just come off the phone and am absolutely despondant again at having to constantly argue with collections on the phone....it's wearing me down gradually. Many thanks in advance for any advice, Happy New Year to all. (except Lloyds that is!) CAT.

Ok, it also makes sense to keep it simple, I'll get the statute barred letter off ASAP, but it's good to know I have rights as per CCA request for the future, many thanks again all.

rory32, ok, I'll keep it simple and start with the statute barred letter, recorded delivery. It's good to find out about the CCA for the future though as I didn't realise I had these rights, cheers again.

Rahl, cheers for this, this makes sense as I have no idea where the additional >1K came from that was added to the original loan, you pre-empted me ! I'll get this organised to be sent recorded delivery at the same time as my letter telling them I will not be paying as the debt is statute barred. many many thanks.

OMG ! I am niaive, but then I should really expect something like that after the load of cobblers I found out I was told by them about court action and arrestments of earnings ! ok I'm going to hold on that letter until I know what a CCA is replies much appreciated if anyone has a minute to give me the dummies guide to cca's, thanks.

I've cancelled the standing order, I think I must be very niaive, or stupuid or both ! ..why isn't it good that they have my signature ? on that note, I also wanted to know if they had any right to search my credit file, they did when they first started dealing with this ? thanks again.

I have already written and signed my name regarding the complaint where I do acknowldeg that I owe the debt, but that I hadn't deliberately intended not to pay it, will this make a difference now ?

Hi Rahl, I've been paying by Standing order from my bank,

Ok, thanks all, I'll be writing that letter today and won't be making any more payments. I'll escalate the compaint and look at getting the £250 I've paid them back. many thanks all, I'll post when I have any news on progress, excellent site !

Hi ODC, thanks for your reply..........Does anyone have any idea of how they will react to this, Im not getting phonecalls or letters at the moment. Has anyone tried this course of action and succeeded in getting rid of them ? replies appreciated, starting to feel a bit more optimistic

Hia, thanks, and yes........they threatende legal action, then threatened to contact my employer, then told me that they would take the whole amount out of my paypacket after applying to the court for an arrestment of earnings order, When I eventually came out of the state of shock I was in I discovered 1) arrestment of eranings only applies to Scottish debts 2) attachment of earnings will only be granted by a judge if the applicant has proved that the debtor a) owes the debt b) has not made reasonable attempts to pay affordable amonts within an agreed timescale.e.t.c., e.t.c., unfortunately I found all this out after many months of harrassment and bullying and shocking phonecalls from MH which left me very scared. My OFT complaint is progressing and in February I signed a release to disclose particulars of my complaint so that MH can be investigated - I did initially follow MH's complaints procedures as advised but suprise suprise, heard nothing back from them. Is there any way that I can get proof that the debt is statute barred ? It was originally for a HSB loan £2K, i paid it for 6 months then became ill, made redundant, moved 120 miles away and then got married.I never received any letters about this debt until 8 years later when I got divorced and changed my name back to my maiden name, RED contacted me first, then Mackenzie Hall. many thanks for your help,

I've only recently found these forums and it's dawning on me that I may have made a huge mistake with Mackenzie Hall. I've acknowledged a debt in writing after 8 years of no contact, and have been making payments for a few months now. I was recently told that even though I've acknowledged the debt and am making payments that I may still be able to sort this out so that I don't have to pay. (scottish law does not apply). I've looked at IHTM28384 and other threads here but can't find anything definative on what happens if you acknowldege the debt after the statute barred time period of 6 years elapses except for ; "Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made." Am I now stuck with this debt until it's paid off ? any advice appreciated, p.s. I made a complaint in February 2008 to the OFT about the way I was spoken to and dealt with, as have many others. If this company has it's licence revoked eventually will I still have to pay then ?