This ones not about fairness!

onlypaddy

Hi all

I used to be awful with money, overspent and went over overdraft limits etc etc. I currently have a claim for all charges still stayed at Cardiff County Court just waiting for a letter...

Anyway, I decided to go through all of my satements in more detail to verify all the charges - which brings me to my question.

Lloyds had debited a £175 charge on 10/09/2007 for 5 unpaid Direct Debits (5 x £35), and also 3 x £35 charges for Unpaid standing orders on 10/09/2007, 09/10/2007 and 09/11/2007.

However, the 5 unpaid direct debits were returned when I was well within my overdraft limit, and in this period I had no unpaid standing orders at all. So I reckon I shouldnt have been charged at all for these....

Can I put in a separate claim with Lloyds, as I am not reclaiming these based on the level of fairness but based on the fact that I shouldn't have been charged in the first place? And will I be able to claim, with the claim for all of the charges still on hold at court?

TIA

Paddy

Premier_2

onlypaddy wrote: »

...However, the 5 unpaid direct debits were returned when I was well within my overdraft limit, ...

What was the reason the bank gave for refusing to pay the DDs when you had sufficient funds available in your account to settle them?

Similarly, what was the reason the bank gave for 3 failed transaction charges (SO) when you claim there were no such attempted transactions?

onlypaddy

not sure, only just realised as i went through them again today

Premier_2

onlypaddy wrote: »

not sure, only just realised as i went through them again today

So these 5 different DDs were not paid over 2 years ago and you didn't even notice? :eek:

Hasn't the Originator of the DDs contacted you seeking payment for the failed DDs?

Why not contact the bank and ask them to explain why there are charges for non-existent failed SOs?

Are you sure you've got this correct after 28 months???
You see if the bank had reason to deny paying 5 different DDs at the time, it really sounds like you didn't have sufficient funds available at that time to settle them. Then it's not a surprise that SOs also bounced at the same time. Or are you suggesting you didn't even have SOs set up on your account?

onlypaddy

yes but as i said I was awful with money, and probably didnt check as much as i should have - so just took it as normal for me then and arranged payments another way. only a couple were anything with real consequences....others were paypal and taken from the backup card linked to the same account.

I will contact...just want to make sure of my position first

EDIT: for your further questions...
I'm sure I have it correct.....they have returned the direct debits when I am £400 within my overdraft limit
I didn't have any standing orders coming out at the time. I've checked the 3 months prior to the dates of the charges and while the direct debits have been taken and returned, there are no standing order transactions at all

Premier_2

onlypaddy wrote: »

...I will contact...just want to make sure of my position first

That is the best way to make sure of your position first

orc_2

The advice from Premier is accurate.

You need to clarify the issue with the bank ie the reason for charges and the balance in the account at the time.

Please keep this in writing and keep a copy of the correspondence.

For the DDs, SO's that were possibly not paid, check if you got charged for non payment on those. Possible SAR enquiry to get a list of charges on those accounts and possible action to reclaim.

esmerellda

Did Lloyds charge you instantly or 28 days later (or at the end of each statement period) if so they could refer to bounced DD's in previous statements/months

onlypaddy

Their pattern at the time was to notify of the charges at the end of the monthly cycle and then apply them at the end of the next one...

for the timings im talking about, the direct debits took place during the 12th - 16th July 07. I was then notified in august and charged in september

esmerellda

Thanks just thought I'd check it wasn';t something obvious like that. Def write a letter to query those seperately, but also when you come to formal complaint on the overall charges you can useinstances such as this to show the imbalance and unfairness of the overall contract that allows them to charge you like that.

onlypaddy

ok, i called them this morning and went through everything with someone from the customer service team.

he gave me a reference number for the complaint and said I would need to put it in writing but that someone from the customer complaints department would call me as well (lets see if that happens then...)

will update as necessary.....