Please Help

[elsinore]

OK Rosey, in your post 92 you mentioned a letter that you received from LTSB. Can you please post a copy of the letter (omitting all personal details)?

 

If that is not possible, tell me and I'll PM my email address for you to send me a copy.

 

Els

[rosey-789]

Hope this is ok elsinore. I received this and a list of overdraft charges

[rosey-789]

http://i157.photobucket.com/albums/t46/rosey-789/scan0001.jpg

 

Their you go.

[elsinore]

Hi Rosey.

Send this letter to LTSB. Attach a copy of their letter to it.

Also send copies of your letter to LTSB's solicitors and the Court, again attaching copies of the bank's letter.

Send a note to the Court with the copy letters asking them to add the correspondence to your file.

 

Re: Account No xxxxxxxxxxxxx Rosey-789

 

I refer to your letter dated xxxxxx, a copy of which is attached. I also refer to a recent telephone conversation, in which you indicated your intention to close the above account and pass the details to your Collection Department

 

Please note that the alleged outstanding balance on the above account is the subject of ongoing litigation under Claim No xxxxxx in the xxxxxxxx Court. You have not only acknowledged this claim but also entered a defence. You will have been advised by the court that a stay in proceedings has been ordered, pending the outcome of the Test Case between the Office of Fair Trading and, among others, your firm.

 

The proposals contained in your letter and stated in our telephone conversation are therefore completely inappropriate and contrary to the requirements set out in the Waiver published by the Financial Services Authority, to which you have signed up and are taking advantage of, viz:

 

13.2(b)

Whilst this direction is in force, the firm has agreed with the FSA to have regard to its obligations under the general law and the Banking Code relating to relevant charges complaints. In particular the firm has agreed with the FSA that it will not

(a)make materially adverse changes in the level of its unauthorised overdraft charges (or in the way that it applies such charges to its customers’ accounts) which could amount to customer abuse; or

(b)close accounts or threaten closure of accounts of customers for the purpose (or with the intent) of penalising customers that have complained about unauthorised overdraft charges for having complained, or deterring future complaints from these customers or others.

13.3.

The FSA encourages the firm to take steps to assess who it is charging, why and when, and thus what more it can do to help account holders avoid incurring overdraft charges in the first place (whether or not they have complained). The firm is reminded of the commitment relating to financial hardship in the Banking Code.

 

Meanwhile, I shall continue to pay you £5 per month as agreed. You should therefore honour your side of the agreement and leave the account in abeyance, pending the outcome of the Test Case.

 

Yours faithfully

 

c.c. (Name of solicitors acting for LTSB)

c.c. xxxxxxxxxxxxxxx County Court

 

Els

[rosey-789]

Fantastic, thanks so very much for doing the letter for me will get straight on with it.

[rosey-789]

Hello.

 

Just an update of what has happened...regarding my paying the £5 per month to them on the arrangement we had, well i sent the letter off to them as above and heard nothing back from them.

 

I then checked the bank account today and noticed they have taking the overdraft limit off us ..my partner rang them to see why they have done this, they have not only cancelled our debit card of which we relied on to pay other bills and debts we have with....They refuse point blank to put the od limit back on and now will not take our £5 a month. now the £200 something we have been paying at £5 a month is about to go up as they said because we have no od limit they will be charging us fees every month unless we pay it off at once.......we can't do this as we are on benefits due to ill health. i'm worried sick now as by the time they have finished charging us we'll owe a fortune. oh and the reason they cancelled the arrangement was because we started court procedings against them was what we were told on the phone.

 

I just don't know where to turn next...we have been put right in it regarding paying my other debt i have as that was always paid off the debit card so i don't know what else to do.

[rosey-789]

We have also tried getting a debit card for my partners barclays bank account but they are refusing to give him one because he hasn't a passport/driving licence with his picture on.

[rosey-789]

I wonder if they've done this kind of thing to others.

[elsinore]

How are things, Rosey?

 

Els

[rosey-789]

Hi Elsinore,

 

Sorry ive not replied earlier. I received this letter from them so i'm waiting on the reply back from them.

 

The bank account is still open but the overdraft limit is 0 as they never gave us the draft back. we are still continueing to put the £5 per month in which we were doing in the first place..

 

I'll let you know how we get along once i receive the reply back

 

Anyone any idea when the test case is finished and whether we can then get our charges back.

 

 

Heres a copy of the letter we received els.

 

http://i157.photobucket.com/albums/t46/rosey-789/scan0007-1.jpg

[elsinore]

It's a standard response but at least they have taken your letter into their complaints procedure. Don't hold your breath for a response, though, you might well get another holding letter until they 'complete their investigation'.

 

Are they still adding charges?

 

Els

[elsinore]

Anyone any idea when the test case is finished and whether we can then get our charges back.

 

The hearing is over and we are waiting for the judges decision, which could be another month or two.

 

Els

[rosey-789]

Hi,

 

Not so far they haven't.

[rosey-789]

Just to update you all.

 

I received a another letter from them demanding the outstanding ammount on our joint account to be paid within 7 days or further action will be taking.

 

They never addressed the letter to my partner just to me this time. he rang them today trying to arrange and get back onto the scheme of £5 per month..we have been made to pay £12 a month or face debt collectors at our door. we've had no other choice but to do this as my partner has real bad health problems and couldn't be doing with it.

[rosey-789]

Hi, just to update again...they've decided to take £7 a month for 6 months then review it, this was only because we complained to the ombudsman about the way that woman had spoke to my partner with insulting and personal things.

 

They are supposed to be investigating the matter. on condition we're allowed to pay £7 a month we have to hand our bank debit card and cheque book back to the bank..they said once its all paid we can have them back.

[rosey-789]

Can i ask if lloydstsb are allowed to put charges onto the account when on a stay?

 

I've been charged overdraft interest

[GuidoT]

Yes they can continue to charge penalties for unauthorised borrowing etc.

 

However, I note you refer to overdraft interest, that is not a charge and usually recoverable by the bank.

[rosey-789]

Thanks guidoT

 

Just wanted to be sure