Lloyds TSB

[cp1949]

HI I am at the stage for sending form 1 and 1b, I am not sure how to fill this in as I have come to question 5 and I'm not sure what to put in there, any advice would be grateful

[texel]

If you are doing everything yourself Write none i9nj se3ction 5 If you have someone else going to represent you in court then put his or hers particulars as requested.

[rory32]

I would direct you to the link I gave you in post#81 which takes you through the procedure for filling out the forms. For question 5 put "None".

[cp1949]

HI Rory I phoned Elgin Court to see if they were hearing claims or putting sists on them and they informed me that they are putting sists on claims. As Edinburgh Court is apparently hearing claims and the head office is in Edinburgh would it be better for me to put my claim into Edinburgh or asking Elgin to forward it to Edinburgh.

[rory32]

I would give Edinburgh a phone first just to make sure that their position hasn't changed.

[cp1949]

HI Rory, I have phoned Edinburgh Court and they are hearing some cases and sisting other cases depending on circumstances. I have arranged an appointment with the Citizens Advice Bureau for advice as Edinburgh says that I would have to have a good reason for not going to Elgin Court which of course is my local court but they are sisting every case.

 

Thanks for your help and will let you know what advice I am given.

[rory32]

Well your good reason would be that is where the bank have their main place of business e.g. their Head Office. As the charges were for a breach of contract the account is subject to a consumer contract between you and the bank. There is a special rule regarding consumer contracts, in most cases anyway, whereby you can choose to raise the proceedings against the company at your local court or the one who's area their business is situated in.

[buzby]

Couldn't agree more - YOU have the choice, and the connection is that it is where their place of business is, and it is just as 'easy' for you to raise proceedings there as back at home!

[cp1949]

HI Rory

I was due to send small claims forms 1a and 1b to court on the 26th March, I was due on holiday so never went ahead incase something was needed or I filled the form up wrong. I am now back from my holidays and wondered if I can still go to court with the forms or will I have to start from the beginning.

[rory32]

You can still go to court with the forms, you don't have to start all over again. Nearly all cases are being sisted now but there is supposed to be an announcement on the test case on Thursday.

[cp1949]

Hi Rory, I have as yet not sent my N1 form to the county court as I have been ill and would like to know if I should use the old or new N1 thats available.

[rory32]

Why are you sending an N1 to a county court? If you mean Form 1 to your sheriff court then it's this one http://www.scotcourts.gov.uk/sheriff/small_claims/forms/Form%201b.doc

[cp1949]

HI can anyone tell me if banks are allowed to take out funds for unpaid direct debits from benefit money going in to account

[rory32]

Is the account entirely made up of benefits money?

[cp1949]

My incapacity benefit gets paid into the bank every 2 weeks but I have found out that they return direct debits if there isnt enough funds in but benefit has gone in same day its just direct debits go in at 6am and benefit money will go in sometime after that so they just return the direct debit.

[buzby]

The source of the funds is immaterial - if there is not enough in the account then the funds call is rejected and the fee applied. Of course, the fee itself has to be reasonable. I's suggest that the problem is in HAVING the DDs set up in the first place. Canceld them, and take responsibility for paying them yourself.

[Bigmac versus]

The source of the funds is immaterial

 

 

Disagree wth that.

[cp1949]

Unfortunately some payments have to be paid by direct debit, what I object to is my direct debits being rejected the same day funds go into the account. I was told by someone either on this site or on the martin's money site that if your account is soley getting funds for benefits, etc then the bank cannot use that money for paying bank expenses for returning direct debits even if the funds go in the same day as a direct debit as they take those out at 5 or 6am even though the money goes in the same day, and that to me is unfair. Incapacity benefit is all i have to live on and pay my immediate bills

[Bigmac versus]

I agree cp and when the banks CONSIDER to honour your d/d or not they have to assess your ability to pay as per Banking Code. So if your payments are due in that day it is indeed unfair infact id say its quite clearly WRONG and you should report them to the FOS if they fail to return charges taken because they have not assessed your ability to pay.

[cp1949]

thanks bigmac where do i complain to regarding this

[Bigmac versus]

They are in breach of contract because they have quite clearly rejected it arbitrarily or capriciously and in bad faith as they knew your payments would be in that day.

You need the banks final say on this before going to the FOS.

[cp1949]

ok thanks will write to my current bank which is nationwide and see if they will refunds me 100.00 in charges for which there were funds available later that same day

[Bigmac versus]

Please do as im sure you will be refunded, a call may be sufficient, try that first informing them you intend to go to the FOS should they not refund, if they say they wont (doubtfull) tell them you need this in writing.

Remember to take names when calling.

 

Goodluck

[buzby]

Disagree wth that.

 

Disagree away. However, since the rejection is not usually discretionary but mandatory, your expectation that the computer will drill down to see what the last credits to the account and who they were from, using this as the basis to decide whether to reject the call for funds.

 

That, is just a fantasy.

 

There may be scope for a later reversal, but the computer doesw what it wants to do and acts accordingly. Of course, if someone is THAT close to the wire, having ANY DDM is an accident awaiting to happen and should be avoided at all costs. Or do you disagree with that too?

[Bigmac versus]

Disagree away. However, since the rejection is not usually discretionary but mandatory, your expectation that the computer will drill down to see what the last credits to the account and who they were from, using this as the basis to decide whether to reject the call for funds.

 

That, is just a fantasy.

 

 

Fantasy? I have no expectation of a computer drilling down to see the last credits (your words) but I do expect the bank to treat their customers fair and comply with the Banking Code that they subsribe to, as far as im concerned this is quite obvious.

 

There may be scope for a later reversal, but the computer doesw what it wants to do and acts accordingly. Of course, if someone is THAT close to the wire, having ANY DDM is an accident awaiting to happen and should be avoided at all costs. Or do you disagree with that too?

 

Your missing the whole point here the banks process should assess the customers ability to pay and this situation is clearly not doing that by applying charges when deposits will be paid in that day FAITHFULLY as they are benefits its not rocket science. You cant tell people how to run their finances or say if they are "that close to the wire" that its an accident waiting to happen. The banks are at fault here by your own admission "the rejection is not usually discretionary but mandatory" so YES I do disagree with that too.

 

Should the customer be charged in this situation and is this bank being fair buzby?