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Lloyds TSB complaint Oct 2007

Hello there,

I am new on here and just after some advice.

I used to bank with Lloyds TSB and did so for many years.
In 2006, I contacted them regarding my overdraft and my personal loan because I was in financial hardship. I sent them an income and expenditure form. I then paid lower amounts on each account.

I opened up a new bank account with another bank and did not use my Lloyds TSB current account. Instead, I paid them by phone for the 2 accounts for my lower payments.

After a while, I noticed that although I was paying them reduced amounts my balance was not reducing correctly on either my loan or my overdraft. This was because they were applying me unplanned overdraft useage charges. They knew I was experiencing financial difficulties but still applied the charges. I complained to them by writing a letter saying I was unhappy. They responded with a complaint reference number and said they will wait until FSA have made their decision regarding unfair charges.

I am wondering:-

a) Does this mean I have made a formal complaint ? I did not state any figures.
b) i have had no communication from them now since June 2008 where they could not do anything yet.

Also they have now referred the debts to a debt collection agency and I have had no problems. I am about to offer them full and final settlement on the account. If I haven't claimed my unfair bank charges, can I still offer full and final settlement off the debts ?

Please could you advise ?
Many thanks

Comments

  • dunstonh
    dunstonh Posts: 120,164 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    a) Does this mean I have made a formal complaint ? I did not state any figures.
    yes

    b) i have had no communication from them now since June 2008 where they could not do anything yet.

    you wont do. The court case is ongoing. Could be some time yet.

    Also, the charges case applies to older charging methods and not current which are believed to be compliant with the requirements.

    If the banks lose and have to refund, you will still get the money owed to you even if you clear the debt.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • oh, that's great.

    Thank you for replying :beer:
  • hi

    a) the OFT test case is about ALL bank charges NOT just old one.
    b) under the complaints waiver they are unable to pass you to debt collection agencies, as you are disputing the debt.


    if you feel you are not being treated as you expected or agreed with them then make a further complaint to that affect once again under the hardship rules. should this not resolve the matter you will then be able to take your case to the FOS under hardship.


    Borgbaiter
    claimed/settled - Natwest £2,535/£2,535, HSBC visa £80/£80, MBNA £1,258/£1,258, capital one £282/£282, tesco visa £515/£515, HSBC visa £140/£140. HSBC £1,450 MCOL Stayed for OFT case. Chelsea Mortgage charges & cashback £5000/£672. complaints with banks pending OFT Halifax £30, A&L £35. TOTALS £11,325/£5482
  • dunstonh
    dunstonh Posts: 120,164 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    a) the OFT test case is about ALL bank charges NOT just old one.

    The OFT case is not about whether the banks can charge or not but the charges and when they were taken. i.e. penalty charges or admin charges.

    That is why most of the banks have altered the charges from being penalty based.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Thank you everybody.

    re: unfair charges. I think I will wait to see what happens with the case

    I think I will still make a low offer to the debt collectors(bls) in the meantime.

    Thanks
  • borgbaiter wrote: »
    hi

    a) the OFT test case is about ALL bank charges NOT just old one.


    Borgbaiter

    Thanks for clearing that one up:T
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