Response from Bank- Re Charges

Tabs_2 · 21 February 2006 at 2:15PM

us,thecat&thedebt wrote:

but tabs what do i do now!!!!

help!!!!!!!!!!

The first step I would take is to transfer your account to your Nationwide one. Would they take on your existing overdraft too, do you think? It would be ideal if you could cut all ties with Lloyds a.s.a.p.

Do you need the statements from Lloyds to calculate the charges? Under no circumstances should you have to pay £££'s for copies of these - the Information Commissioner clearly states that you can make a Data Subject Access Request to Lloyds and pay a maximum of £10 for the copy statements.

When you wrote to Lloyds requesting the charges back,did you say you would take them to court if they refused? If you did, then it's now at the stage where you would need to file the claim.

homer_j_3 · 21 February 2006 at 2:22PM

Is the £190 for your bank statements? If so, go to https://www.ico.gov.uk and make a complaint under the Data Protection Act and just advise that in the Durant V''s FSA case, they ruled that Bank statements were infact personal information and that your bank has refused these under the data subject access request. This, hopefully, will come to the conclusion that they cannot charge you this amount. I am experiencing the same with Yorkshire Bank.

if you have received your statements, I would use the first letter but adapt to politely (but without being too nice) asking them to refund the charges in full as they are punitive. Failure to do so within 7 days will result in you taking court action.

Once they receive this they will either say no, see you in court, yes ok we will pay or yes we will go halves. You stick right with it taking it to court unless they offer in full. I would make clear if they say no or make an offer, other than in full, that you are prepared to take action and will claim 8% interest on this amount. Then just follow from here.

goto https://www.bankactiongroup.com and read the FAQ's and register for the letters to use.

exil · 21 February 2006 at 2:38PM

Sure, they might be on shaky ground pursuing you for the charges after closing your account. But if you have a big o/d even disregarding the charges, they can recover this.

sportbeth · 21 February 2006 at 3:58PM

exil wrote:

Sure, they might be on shaky ground pursuing you for the charges after closing your account. But if you have a big o/d even disregarding the charges, they can recover this.

Hmmm. I'd disagree on this. My debt with the Woolwich was £821 in overdraft which was totally made up of charges. I wrote to them saying i disputed the debt then started action to recover the amount. (So in effect I got nothing at the end of it but the debt wiped which was what I wanted.) When they ignored two of my letters to they put the account to a debt collector who I wrote to saying the account was in dispute and all attempts to collect on it would be breaking OFT regulations and reported to the CLA who regulate their license.

Having opened a basic account with Natwest I at least managed to get my next month's pay cheque into my pocket and not theirs. I then told them to take me to court as the charges were legally unenforceable under UK law and would be rigorously defended.

Simple as that. You are on the right side of the law and they cannot bully you into paying them back an overdraft that you haven't overspent on!!!!

FIGHT!!

exil · 21 February 2006 at 4:05PM

Read my post again. I'm talking about if you have a big o/d or c/c debt even without charges.

Let's say the bank have taken 500 in charges, and interest on the charges. However your o/d is 2000. Do you really want the bank to pay the 500, close your account, and come after you for the other 1500? Rather than, for example, coming to some arrangement with the bank to clear the debt (which might involve ignoring the charges anyway?)

All I'm saying is that you need to think before taking action!

us,thecat&thedebt · 21 February 2006 at 4:41PM

hi all

bank charges are currently just over 2k

overdrafts will be 1k by end of month

hence if i get money back i will have cleared all overdrafts and another1k off another debt!
so i will close the account myself!!!

the letter i sent was the one from the bankaction group somebody sent me although i think it was a little toned down...

they say they wont be charging me for the statements although they usually cahrge 10 and 5 for every statement... make it sound like they are being generous...

i have access to online banking and can view every charge from the last year accounts only opened last year. i also have 99% of statements as well..
ill let them send them to me though all near 300 pages

and these should be here in the next 3 weeks...

it doesnt take them that long to send me a letter about being od remember according to the bloke on bbc radio they arnt computer generated!!!! :rotfl:

it then says about contacting the financial ombudsman service??

also tells me to ring him David Just to discus if im not happy!!!