Help with where I go from here.

slipknotmaggot

My reclaim of rediculous overdraft fees from lloyds tsb was put on hold pending the test case in june 2008.

I heard nothing until I received a letter in January 2010 from lloyds tsb saying that as of novermber 2009 "the level of unplanned overdraft charges cannot be assessed for fairness under the consumer fairness legislation known as the unfaur terms in consumer contract regulations and as a result they will not be with holding my complaint." the letter also states i've got til 9th march to reply or my account will be closed so I need to act quickly.

shortly after I got that letter, I got a letter form moorcroft debt collection saying I have to pay £1651.17 to them as instructed by lloyds tsb.

This all started because i went 19p(!) over my agreed overdraft and lloyds tsb charged me £30 for that. When I refused to pay this i got charged £90 per month and its grown and grown up until I was placed on hold in 2008.

There is NO WAY im paying £1651.17 for a 19p error which was originally caused by fasthosts taking money out of my account without prior notice!

Is it right what they are saying? I can no longer claim back these charges and have to pay moorcroft? or can I ring moorcroft and get them to send the debt back over to lloyds tsb because my account is in dispute?

Any help would be appreciated.

natweststaffmember

What was the error?
What did you do to rectify the error?
You cannot reclaim charges based on whether they are too high under UTCCR 1999.
I would look at the MSE guide to reclaiming and decide what you want to do.

Premier_2

slipknotmaggot wrote: »

...This all started because i went 19p(!) over my agreed overdraft and lloyds tsb charged me £30 for that. When I refused to pay this i got charged £90 per month and its grown and grown up until I was placed on hold in 2008.

There is NO WAY im paying £1651.17 for a 19p error which was originally caused by fasthosts taking money out of my account without prior notice!...

Stark warning to others that debts don't just disappear if they are ignored, but often just grow to horrendous levels.

Too late now, but what you should have done was repay the 19p (and the £30 if charged). You could then, if so inclined, decide to sue someone for the 19p (and £30 conseqential loss if applicable).

Unfortunately for you now, even if you were to pursue this, the judge would probably conclude you didn't mitigate your losses, so the most you'd probably get is 19p even if you were to win any legal case.


Edit: How did they take the 19p without prior notice? By DD? If so, the DD guarantee was there to help you if you wanted it.