Legal advice URGENTLY needed

blue_monkey_2

I followed this thread as I had nothing constructive to add but wanted to congratulate you on getting it sorted. I am sure it was a huge relief. Well done. I bet you'll sleep better tonight now.

geordie_joe

Well done, glad you got it sorted.

There is only one reason why Swinton backed down so quickly, they were in the wrong!

gatita

I have been following this thread in disbelief! this could happen to anyone, and is so frightening. I am SO pleased that you have finally got it all sorted out:j . Itnis fortunate that you were able to fight things, there must be many that can't.

I would give that brother of yours a 'good seeing to'!
Enjoy your Christmas!:o

foxxymynx

Glad it's all sorted

RabbitMad

glad its sorted and that you gave us an update - all too often I follow a thread avidly and then the op stops posting and everything goes quite.

Dualcyclone

Well done for getting this one sorted.

I just wanted to add how disappointed I am with the way Lloyds dealt with you; their customer.

I had a situation when Apple computers took £60 out of my account for no apparent reason; I called Nationwide and they reversed the transaction immediately - the fact is, it was a payment I was not aware of, and that I had not authorised it. Lloyds must be liaible for any unauthorised account activity! I'm surprised they were this non-plussed

I still hold an account with Lloyds for prosperity (have had it nearly 10 years and thought it might come in handy sometime) - but I guess if they're going to start messing around like that, I'll close it!

darich

I had problems with Lloyds a few years ago and with their rotten attitude and poor customer service i closed all my accounts and took my money elsewhere.

Glad you got it all sorted!!!

dmg24

geordie_joe wrote: »

Well done, glad you got it sorted.

There is only one reason why Swinton backed down so quickly, they were in the wrong!

No, the brother was in the wrong. Fungas clarified Swinton's position with the Information Commissioner, and checked up on the contractual terms and conditions.

Fungas, glad you got it sorted.

I do love some of the 'advice' given on here sometimes!

madrhino

I opened an account with Lloyds earlier this year. I had lived at my current address for less than three years so was required to give my previous address.
After a few weeks of waiting I had only received a cheque book and internet banking details (no card or pin). I went into my local branch to ask about them. After some checking it turned out that they had sent my card and pin to my previous address (I left there 2 and a half years previously). Luckily I hadn't yet deposited any money into the account. I closed the account straight away and will not use Lloyds again. It's scary to think that anyone could have had hold of my financial details.

geordie_joe

dmg24 wrote: »

Fungas clarified Swinton's position with the Information Commissioner, and checked up on the contractual terms and conditions.

The Unfair Terms in Consumer Contracts Regulations 1999

Unfair Terms
5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

I consider a term that allows a company to take money from your bank account whenever they want, without your knowledge or consent to be one that causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

Coupled with the fact that the contract was NOT individually negotiated makes it unfair.

dmg24 wrote: »

I do love some of the 'advice' given on here sometimes!

Yes, especially from the people who think simply putting something in the terms makes it law.