Night Owl V's Lloyds

[Night Owl]

Had a chat with collections, first mistake talking to monkey's leads nowhere!

 

Asked them to hold interest as we are making regular payments through PayPlan to pay off the overdraft and to clear our debt.

I was told that they would refund the last months interest and hold interest as we are making regular payments. I asked them to put it all in writing.

 

Letter came this morning saying that they had agreed to provide us with an Unplanned Overdraft!!!!! That means they are going to charge us extra because they can! That is soooooooo unfair and not agreed with us.

 

I need serious help on this one please.

 

In Branch will not discuss this matter as it was Collections that have changed it.

I already have a Court Claim on this account stayed twice by Lloyds.

Do I start another one?

 

I'm really ruffled now

Night Owl

[Night Owl]

Today brought 2 letters. Both signed by the same person and sent on the same day!!

 

Letter 1.

We have set up a new Planned Overdraft limit of £**** - this is the same amount as before closing down the account.

 

Letter 2.

We have set up a new Planned Overdraft limit of £**** - this is just above the limit they are pushing the account to by charging us interest on an inactive account that we are trying to pay off our debt through Payplan. Oh and by the way the letter also states that we (Lloyds) will then lower this limit over the next 6 months starting on 01/10/08!!!

 

On the back of the letter under "About Planned Overdrafts" it states that "This is a contract for a Planned Overdraft"

"If you try to make a payment which means you would exceed your Planned Overdraft limit, we will treat this as a request for an Unplanned Overdraft."

It's Lloyds that are making the payments that are causing the account to exceed the limit!

If this is a contract why did I not sign anything yet alone agree to it?

 

Is their anything I can do or write?

 

Help please this is getting out of hand.

Night Owl

Edited September 20, 2008 by Night Owl
Keyboard gremlins!

[Night Owl]

Bumping last post please?

[Night Owl]

Need some advice here please.

 

Story so far.

Lloyds claim for bank charges stayed twice with the courts.

Account shut down and reduced to a classic account. No D/Ds or SO coming out of the account, cheque book and cards taken to local branch to be destoyed.

Paying token payments to reduce our overdraft according to our income and expenditure via Payplan DMP.

 

SINCE THEN........ continued interest and charges have now taken the account over our agreed overdraft.

Spoke to collections and they agreed on the phone to hold the interest payments. They have not done this and their letter does not confirm this. REALLY CROSS NOW!!!! Will only respond by letter now. Getting quite a big paper trail on Lloyds since this began. Starting to look like an Arbouretum!!! All different colours!!!

 

TODAY RECEIVED... "Enforcement notice" for the amount Lloyds have pushed the account over the agreed overdraft AAAAGGGGHHHHHHHHHH

 

Is there anything I can send back to remind them that the account is in dispute with the courts, and I am making regular agreed payments to reduce the existing overdraft but they are pushing this up and up with their charges again.

 

Or do I just go for the jugular and send them a letter to say that I will make a second claim?

 

Help please?

Night Owl

[JGJ]

Night Owl,

I have the same problem as yourself "LlOYDS". My cases are stayed at their request and I have sent them the appropriate letters reminding them of the stay! and one or two others stating account in dispute, but with little result, they seem to be running roughshod over procedures that we have to adhere to.They either have no control over the computer generated letters or the system users having no inclination at what stage accounts in dispute are at!! Or they think they are so huge an organisation that they can (IMHO) run us ragged. I have started a new thread of my own re their tactics with default notices etc.see Lloyds Default Notices, hopefully we will as ever receive BRILLIANT advice from the Caggers.

"EXEMPLO DUCEMUS"

[Night Owl]

Thanks JGJ.

 

I can't beleive how many computer generated letters they send out. It's such a watse of paper. Instead they should just send one big letter saying,

 

Yes of course we have been wrong in charging you all this time and please find enclosed a full refund and apology from the Bank.

 

Dream on!!!!

Night Owl

[Night Owl]

I have written to Lloyds concerning the Enforcement letter they sent me and the fact that the account is in dispute with the court

and that they stayed it twice

and that they are still taking interest charges dispite paying regular amounts through Payplan!

I told them that I thought that their letter and actions were retaliatory.

 

Night Owl

[JGJ]

Night Owl.

Retalitory, VEXATIOUS more like it. Are they bothered?? Absolutely not, they have been bailed out with our monies and they could not give a hoot () They will rampage on as if nothing has happened, except of course, that they are using our monies to save their astronomical bonus for doing an amazing job:eek: with the economy of our once proud country. We can attempt to batter the doors down but, alas the powers that be (IMHO) do not favour us in our endeavours, as there are far to many ex *ankers/financial institution personnel in our appeal/procedures, (IMHO)

"EXEMPLO DUCEMUS"

[Night Owl]

Well said JGJ.

 

I am going to add up the charges from the end of the last court claim and will take them to court, when things get moving again, and make sure I get it all back.

If things are delayed to long I will just put in claim no 2!

 

I will keep chipping away at Lloyds until they get so fed up with me as I have with them!!

 

Night Owl

[Night Owl]

Update.

Just got this letter from Lloyds.

"I am sorry you are unhappy about your bank charges and please accept my apology for the delay in our response" !!!!!!!! That's some delay, my claim started last May and I had been writting to them before that!!

 

"I also understand you would like to book an appointment with your bank manager" !!!!!!!!!! That was a year ago when I wrote to my local branch for an urgent appointment and they ignored it!

 

"From what you've said in your letter, or from initial investigations we have carried out, it may also be that you are experiencing financial difficulties" !!!!!! Oh my god! No S**T Sherlock! That'll be the £900 charges in one month then!!!! They delayed the transfer of D/D's to a new bank account in a far away place!

 

Blah Blah about some Test Case going on......... can't say I have noticed!!!!!!!!!!!!!!!!!!!!!!!!!! Do they think I'm stupid?

 

"Until then, please do keep all the documentation we have sent you as it will make it easier for you to support your complaint at this time" !!!!!! Not received much from you but I'm sure you have had a lot more from me!!!

 

What a joke this letter is. I shall be taking it to court with me........when things get moving!!

 

Night Owl

[JGJ]

Night Owl,

An absolutely disgusting reply from Lloyds *ankers, but alas an all much to typical reply from them, as I have said in previous posts they absolutely know what they do!! as they do it so well, IT CANNOT BE ACCIDENTAL!! (IMHO). I am still awaiting replies to my letters re the waiver initiatives etc. The silence from them is deafening.

"EXEMPLO DUCEMUS"

[fzrkitten]

Hi Night Owl,

 

I was just seeing if anything had changed on site, reading your posts etc.

 

I wondered on your last post, if Lloyds are admitting you are suffering financial hardship, I wondered if the courts would lift your stay at all as a financial hardship case, seeing as the bank seems to be admitting it themselves?

 

I wonder if it's worth just putting a little letter to the court together with the other letters and abuse you've had, and copy in the FSA etc, and see if you get any response that way.

 

I have to say I gave up trying and am resigned to the fact that I have to wait, but I had to sell my house to get out of the situation I was in. It is a happy ending for me as I've moved in with my man after 12 years, and it's been ace, but that's not the point, I nearly lost my house twice mainly because of Lloyds, before I gave in. (And I fought an hour in the court as you know).

 

Hope you are well besides,

 

Best wishes,

 

Fzrkitten.

x

[fzrkitten]

Lol, I've just read that again, not bitter at all are we?!

[Night Owl]

Hi fzr.

 

Hope you had a good Christmas and wish you well for the new year.

Sorry to hear about your house sale but things seem to have turned out well for you and your man. Good luck.

 

It seems so long ago that I went to Lloyds claiming financial hardship and not getting anywhere.

 

Have now been with Payplan for a year and things are going well, plus the fact that the interest rates have dropped have been able to payoff mortgage arrears quicker...should be uptodate on mortgage in 4 months! It's been such a hard slog.

 

Lloyds have still increased our overdraft (on an account we have stopped using!) with interest and unplanned overdraft charges but I have a forest of letters that I have continued to write and they are not dealing with. Im going to really get under there skin! Firm, but very fair and very polite, but very consistent. All in my favour I think and going to court with me too!!

 

I too have just sat back and am waiting for the good news of an overall payout.............soon..............when the test case wins in our favour.

 

Bitter? no, but putting up a damn good fight whilst waiting.

 

Good luck with your battles.

Night Owl

[fzrkitten]

Hi Night Owl,

 

I'm pleased to hear you are getting somewhere, if not with Lloyds, lol.

 

I'm not really battling any more, I just wound myself up over it constantly, as I know you know! I am just playing the waiting game now.

 

Let's hope it's not another year before we get any answers!

 

fzrkitten x

[Chromatix]

Personally, I think the idea of using Lloyds' admission of your financial difficulties to try and get the stay lifted... is a good one. Did you try it yet?

[Night Owl]

Hi Chromatix,

not sure if they admitted my plee for financial difficulties but they certainly didn't listen. A meeting at Branch with 2 employees lasted 7 minutes and they basically told me to go the CAB for advice. Tried to get the stay lifted but couldn't afford the fee at the time.

 

That was what seems a long time ago. It has been a very rough 18 months but have now taken control again and with the great help and advice from Payplan, and the bank interest rate fall, have been able to pay off some of the mortgage arrears.

 

I will still pick away at Lloyds and their lack of support as I have alot of facts in my favour and in writting. I can't wait to see them squirm like bait on a hook I am reeling them in.

 

Night Owl

[Night Owl]

Blowing the cobwebs off this!!!!

 

Can someone advise me please.

 

Do I need to amend my POC according to this,

http://www.consumerforums.com/resources/templates-library/48-bank-templates/600-you-must-amend-your-claim-from-penalties-to-utccr

 

My claim went through MCOL and my POC was limited because of the space available.

 

My POC was,

 

1. Between *** and *** the Defendant debited numerous charges from the Claiments account.

2.The charges are an unfair penalty under the UTCCR because they are a disproportionately high sum in compensation compared to the cost of the purpoted breach.

3. Under the law of penalties, the charges are an unlawful extravagant penalty.

4. Under the County Courts Act the claimant is entitled to interest of 8% etc etc............

 

I know that sounds very basic compared to my Abbey POC claim put through later. It was filled out in 2007!

 

Thank you

Night Owl

[yourbank]

I don;t think you do because you have UTCCR in your POC.

I would say your POC is a bit odd but I think you can argue UTCCR anyway. Have the bank issued a defence then or are they trying to get your case thrown out?

[Night Owl]

Thank you yourbank,

 

no nothing from the bank yet. POC was from MSE many years ago now when I first started all this!!!!

I have learnt so much since then!

Just pre-empting a possible problem after reading the news.

 

Night Owl

[Night Owl]

Advice needed here please.

 

My Lloyds claim here has been stayed twice!!! before the Test Case started.

My claim started in 2007 and the POC was from MSE.....do I need to update the whole POC or just part of it?

 

My claim went through MCOL and my POC was limited because of the space available.

 

My POC was,

 

1. Between *** and *** the Defendant debited numerous charges from the Claiments account.

2.The charges are an unfair penalty under the UTCCR because they are a disproportionately high sum in compensation compared to the cost of the purpoted breach.

3. Under the law of penalties, the charges are an unlawful extravagant penalty.

4. Under the County Courts Act the claimant is entitled to interest of 8% etc etc............

 

Yes I know, basic! there was no space to put much more in!

 

As it wasn't a CAG template I don't think I can just right to the court and get the stay removed with The Consumer Forums - Announcements in Forum : HSBC Bank

 

yourbank's advice was before the end of the test case.

I can't loose this by getting struck out. Too much money is resting on this fight.

 

Thank you all for reading this.

 

Anybody got any advice please?

[Night Owl]

Just received Christmas wishes from Lloyds.

 

"We wanted to tell you that your Planned Overdraft arrangement will come to an end on 17th January 2010."...............how sweet!

"After this date, if we increase your Planned Overdraft limit temporarily, we will change it back to the original amount. Otherwise we will take away the Planned Overdraft facility."

 

This is on an account WE closed and moved elsewhere, have been paying AGREED instalments through Payplan for over 2 years according to our income and expenditure, oh and is in the court system for Bank Charges............did I mention that this case had been stayed twice BY LLOYDS!

 

I shall be wishing them a VERY HAPPY NEW YEAR with all my love! by letter of course, and sent by recorded delivery!

[Night Owl]

Just written my New Year wishes in a letter for Lloyds.

 

Something along the lines of,

 

we don't like their automated threatograms and telephone calls, formal complaint over telephone harassment, again, and that it is against the OFT Debt Collection guidelines to refuse to negotiate with Payplan as we are making agreed, regular and increasing payments to Lloyds through Payplan according to our income and expenditure.

Oh, and after all that I forgot to wish them a Happy New Year.........maybe I can save that for Court!

[fzrkitten]

Well done Night Owl, reading with interest as I too wondered if I need to change my POC, also a very long time ago now. Keep saying I'm going to phone the court but got other stuff on and keep forgetting, although it would be tragic to get struck out now as you say.

BW & hopefully a happy new year!

Fzrkitten. x

[Night Owl]

Just got my automated letter from Lloyds about my "complaint about overdraft charges" and "if I haven't heard from you by 9th March I will close your file".

 

Their printer must be working overtime printing out all these automated letters.