We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Lloyds TSB - Please Help/Advise?

climbintheladderouttadebt
Posts: 401 Forumite
Will keep it as brief as poss. Feb 07 went to Lloyds TSB for a bank account. Was in receipt of benefits & 1st child due at end of that month. Got given a £450 overdraft and a £500 credit card on the visit to the local branch. Managed money quite well, went into overdraft & completely paid it off twice. Sadly, relationship with baby's father turned sinister & he hid bills/statements/cancelled direct debits/even set up new ones without my knowledge!
For goin 11p overdrawn I had something like a £35 charge, which I struggled to cover but did. Maybe 2 months later, I was about £1 over my limit and again got charged. This time I really struggled and could not find that money immediately. This caused a snowball effect and the following month, charges were double. Within a few months, I could not cope financially with paying the fees and day to day living costs.
I had written to Lloyds, who eventually refunded one fee, but obviously this couldn't cover the debt I now faced. Then, of course, the test case came into play, and any action I took made little or no difference. I moved my money to Barclays and disputed all charges with Lloyds. They, of course, refused to look at my case.
Charges continued. In 2008, I set up a payment plan, being on my own now with my daughter I was trying very hard to sort out the mess my ex had got us into. To start with, I paid Lloyds £5 per month. After 3 months, I'd paid £15, then I got charged interest of £16!
I became very ill with depression/post natal depression in March 2008 and did not really recover for a year. During this time, I attempted another repayment plan, which was not reinstated when it came to an end after 6 months. I am sure, in all honesty, that Lloyds wrote to me to explain the situation, but by this time, I could not cope with anything.
Since 2009, I had a new payment plan, £10 per month, paid on time every month. Still disputing charges with Lloyds, several letters were written fighting from different angles. All of these were met with a basic 'no, we will not refund you'. In January this year, Lloyds suddenly sold or referred my debt to Wescot. My direct debit to them has been upped slightly to £10.65 per month. At the same time, I got a final response from Lloyds and started a claim with the FOS.
This week, I suddenly notice a default for this account on my credit file. The default notice I received was dated March 2008 but has only gone on very recently - is this the correct procedure?
I am swamped with trying to reclaim fees (over £1,600 with Woolwich, £66 with Lloyds MasterCard) plus trying to work out how to sort out my credit rating. (Mistakes have been made by 2 credit card companies and it has left me in a complete mess.)
Can I argue against this default in anyway? I have stuck to our latest agreement regarding repayments and have been disputing the charges also. Plus, the default notice was sent to me March 2008, not this year?!
Many thanks for those of you who have read through all this! :T Am so sorry it is so long!!
For goin 11p overdrawn I had something like a £35 charge, which I struggled to cover but did. Maybe 2 months later, I was about £1 over my limit and again got charged. This time I really struggled and could not find that money immediately. This caused a snowball effect and the following month, charges were double. Within a few months, I could not cope financially with paying the fees and day to day living costs.
I had written to Lloyds, who eventually refunded one fee, but obviously this couldn't cover the debt I now faced. Then, of course, the test case came into play, and any action I took made little or no difference. I moved my money to Barclays and disputed all charges with Lloyds. They, of course, refused to look at my case.
Charges continued. In 2008, I set up a payment plan, being on my own now with my daughter I was trying very hard to sort out the mess my ex had got us into. To start with, I paid Lloyds £5 per month. After 3 months, I'd paid £15, then I got charged interest of £16!
I became very ill with depression/post natal depression in March 2008 and did not really recover for a year. During this time, I attempted another repayment plan, which was not reinstated when it came to an end after 6 months. I am sure, in all honesty, that Lloyds wrote to me to explain the situation, but by this time, I could not cope with anything.
Since 2009, I had a new payment plan, £10 per month, paid on time every month. Still disputing charges with Lloyds, several letters were written fighting from different angles. All of these were met with a basic 'no, we will not refund you'. In January this year, Lloyds suddenly sold or referred my debt to Wescot. My direct debit to them has been upped slightly to £10.65 per month. At the same time, I got a final response from Lloyds and started a claim with the FOS.
This week, I suddenly notice a default for this account on my credit file. The default notice I received was dated March 2008 but has only gone on very recently - is this the correct procedure?
I am swamped with trying to reclaim fees (over £1,600 with Woolwich, £66 with Lloyds MasterCard) plus trying to work out how to sort out my credit rating. (Mistakes have been made by 2 credit card companies and it has left me in a complete mess.)
Can I argue against this default in anyway? I have stuck to our latest agreement regarding repayments and have been disputing the charges also. Plus, the default notice was sent to me March 2008, not this year?!
Many thanks for those of you who have read through all this! :T Am so sorry it is so long!!
I've got nothing else but I've got my family.
Mum to Moo age 6, Wills aged 3. 2nd wedding anniversary 11/13! :j
Mum to Moo age 6, Wills aged 3. 2nd wedding anniversary 11/13! :j
0
Comments
-
Hi, sorry to hear of your bad luck, but I think you will have to pay all the fees they are asking for. Sorry, but when you take out a credit card you are committing to a contract. I have no credit cards at all for this reason. :j0
-
tattybonce wrote: »Hi, sorry to hear of your bad luck, but I think you will have to pay all the fees they are asking for. Sorry, but when you take out a credit card you are committing to a contract. I have no credit cards at all for this reason. :j
You don't have a credit card because it involves you committing to a contract?
Could I ask how you get your internet access?
I also find the OP's post somewhat confusing, but I think it mainly is asking about a default; was it correctly made, can it be disputed, etc.
The OP does mention disputed charges, both for bank and credit cards, but I'm not sure the OP is seeking any advice on these.
But if so, regarding bank charges, I thought most banks had now responded to historical, on-hold disputed charges claims - the Supreme Court gave it's judgement almost 7 months ago!
The OP mentions that that they have now complained to the FOS, but the FOS will only consider such bank charges claims based on financial hardship grounds. There was a waiver in place to prevent claims being delayed for those in financial hardship.
Regarding a dispute over credit card charges, well these should never have been put on hold in the first case."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
You don't have a credit card because it involves you committing to a contract?
Could I ask how you get your internet access?
I also find the OP's post somewhat confusing, but I think it mainly is asking about a default; was it correctly made, can it be disputed, etc.
Thanks for your reply, sorry about this, I am frantic and at my wits end trying to deal with and understand all this. It is for current account charges
The OP does mention disputed charges, both for bank and credit cards, but I'm not sure the OP is seeking any advice on these.
The credit card charges I have reclaimed (and been promised but am still awaiting them) are only for their error in processing 12 months ago. Any late payments I made that were my fault I have paid as, I agree, it was in my knowledge that I should pay.
But if so, regarding bank charges, I thought most banks had now responded to historical, on-hold disputed charges claims - the Supreme Court gave it's judgement almost 7 months ago!
The OP mentions that that they have now complained to the FOS, but the FOS will only consider such bank charges claims based on financial hardship grounds. There was a waiver in place to prevent claims being delayed for those in financial hardship.
I wrote to Lloyds as charges were levied for being 11p/£1 etc over my limit, and although these were initially paid, recurring charges from the initial charges took me overdrawn the following month, resulting in a cycle I could not break and received no help or advice in breaking
Regarding a dispute over credit card charges, well these should never have been put on hold in the first case.
Lloyds are trying to argue that my claim for £66 charges are down to fairness - they aren't like the others. 12 months ago Lloyds attempted to take 3 times the amount of my payment due and caused endless problems with my bank account (not Lloyds) and the credit card. I received £66 in charges which still have not reached my account despite a promise, in writing, that they would be there by now.
Whilst the amount I owe with both Lloyds accounts (credit card and current account) has been i dispute, I have received defaults on both accounts, I have also been paying them regular money as I acknowledge that whilst I feel I don't owe the full amount, I do owe quite a lot and don't believe in ignoring it.
Hope this makes more sense? Thanks so much for your time and patience!I've got nothing else but I've got my family.
Mum to Moo age 6, Wills aged 3. 2nd wedding anniversary 11/13! :j0 -
Regarding the credit card charges you have been promised to be refunded (£66), contact the credit card company and ask them to clarify when they will be refunded.
If there is any default on the account wholly due to the charges they obviously agreed were unfair in the first instance, you can probably have grounds to dispute that default. But I suspect that other things occured as well to cause the default as you mention you paid some late payment charges you considered were your fault.
Regarding the bank charges, you seem to have started this claim back in 2008. The bank don't seem to have agreed any refund (apart from one fee), but rather set up a repayment plan to repay the amount owed. As that was back in 2008, any complaint to the FOS must have been made back then and I feel sure they would have responded by now. Perhaps the FOS decided the actions th bank took were appropriate for your situation ... but you should have been told this. Contact the FOS and find out what has happened if you've not heard from them.
But, without additional information, it seems you were in default regarding that account, and I'm not sure how you could dispute that default, sorry."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Regarding the credit card charges you have been promised to be refunded (£66), contact the credit card company and ask them to clarify when they will be refunded.
I am still awaiting a reply. Am sendin all corre recorded. And have started charging £10 per letter now as they are wasting my time!
If there is any default on the account wholly due to the charges they obviously agreed were unfair in the first instance, you can probably have grounds to dispute that default. But I suspect that other things occured as well to cause the default as you mention you paid some late payment charges you considered were your fault.
The late payments I refer to that I consider my fault were back in 08 and 07. I think there were no more than 3. It was last June or July's processing issue with Lloyds themselves that caused several 'late payments' in a row as I could not afford to pay £24 per month in fees plus the interest it incurred. I paid what I could but obviously it wasn't the 'minimum amount'. For nearly 2 weeks, the money I needed to use to pay the bill, well 3 times that amount in fact, was unaccessible to me, and Lloyds TSB and my building society just kept passing me from one to the other. Whilst this money was 'in the system', the rest of my income was used to pay other charges incurred because of Lloyds, plus my bills as normal. It has taken Lloyds 12 months to agree to refund their charges from their processing error and I think this is what has caused the default, ie 12 months of me not being able to afford their ridiculous demands for inflated amounts. The amount I owed Lloyds was in disput the entire time, yet they did not cease demands for payment nor the issuing of the default.
The default was issued, according to my credit report, on 28 Jan 2010. The same date Lloyds wrote to me, finally, accepting my (temporary) payment offer. Which they had beforehand on 11th Jan 2010, when they wrote to accept it but also said the account was on its way to their Consumer Debt Recovery team.
I received something similar to a default notice but not a default notice on 21/12/2009. Another similar letter was sent on 10/10/2009. The actual default notice I received was dated 29 Sept 2009.
Regarding the bank charges, you seem to have started this claim back in 2008. The bank don't seem to have agreed any refund (apart from one fee), but rather set up a repayment plan to repay the amount owed. As that was back in 2008, any complaint to the FOS must have been made back then and I feel sure they would have responded by now. Perhaps the FOS decided the actions th bank took were appropriate for your situation ... but you should have been told this. Contact the FOS and find out what has happened if you've not heard from them.
I started to complain to Lloyds in 07 regarding bank charges. Any repayment plan was not agreed until 08, when the interest in the account was more than the repayments could cover! I complained to the FOS this year as I did not feel that they handled my account well at all. It took too long to try to reach a repayment agreement, and even when they did it was useless due to the interest they heaped on. Lloyds were aware that I was living on a tight budget, and charging me £30 for being 11p over my limit was questionable. When I contacted them to explain that I couldn't afford their charges, I do not feel the situation was dealt with quickly enough to help. After a few months of unaffordable charges, I swapped banks to stop my situation getting any worse. Lloyds still did not offer any help at this point.
But, without additional information, it seems you were in default regarding that account, and I'm not sure how you could dispute that default, sorry.
I'd like to dispute the date of the default, as the notice sent to me was dated 18 March 2008 but says on my credit report February 2010! IMO, had Lloyds looked upon my account favourably and quickly, I'd have had no default in the first place. I have run my bank accounts very well since then and have no disputes with the accounts I use now.I've got nothing else but I've got my family.
Mum to Moo age 6, Wills aged 3. 2nd wedding anniversary 11/13! :j0 -
I still have a few questions, if anyone can help please?
As I mentioned previously, the default notice against my current account was issued March 2008. It was recorded with the CRAs in Feb 2010, 2 years after the DN! Is this actually classed as being illegal? I know they shouldn't do it but need to ensure I use all the correct wording. If it's not illegal, is it just against certain rules?
Also, again related to the current account, I really need to know what Lloyds mean by a sentence from a letter they sent me which says they've "not found any evidence that shows your situation has had a negative impact on the way your account has been handled" Do they mean my personal/financial situation hasn't affected my account or the situation created by all the fees I couldn't afford?
Thanks for any replies!I've got nothing else but I've got my family.
Mum to Moo age 6, Wills aged 3. 2nd wedding anniversary 11/13! :j0 -
I also find the OP's post somewhat confusing, but I think it mainly is asking about a default; was it correctly made, can it be disputed, etc.
The OP does mention disputed charges, both for bank and credit cards, but I'm not sure the OP is seeking any advice on these. I've been fighting the cc charges since they cleared my Alliance & Leicester current account, left me with no money and I couldn't pay the bill. They then slapped me with £24 in charges for their mistake. They ignored my dispute on the charges, promised to repsy them then didn't, and have placed a default on my credit report when I was disputing the amount I owed them.
But if so, regarding bank charges, I thought most banks had now responded to historical, on-hold disputed charges claims - the Supreme Court gave it's judgement almost 7 months ago!
The OP mentions that that they have now complained to the FOS, but the FOS will only consider such bank charges claims based on financial hardship grounds. There was a waiver in place to prevent claims being delayed for those in financial hardship. I was in financial hardship, I couldn't pay essential bills etc. Fell behind massively, and Lloyds ignore my approaches for help, and actually put my claim on hold, hence my complaint to the FOS.
Regarding a dispute over credit card charges, well these should never have been put on hold in the first case.
The credit card charges, having been disputed for 12 months now, were assessed for fairness by Lloyds everytime I complained to them. I never claimed they were unfair because of their level, but because THEY messed up my payment and have been attempting to get ME to pay for it. I'm going to be complaining to relevant bodies about the cc charges. In sorting out the current account fiasco, I have 2 questions above that I really need some help with please?
I'm sorry to be explaining myself further, I'm not good at making things clear. I hope I have been able to undo some of the confusion now. Thanks for sticking with me guys!I've got nothing else but I've got my family.
Mum to Moo age 6, Wills aged 3. 2nd wedding anniversary 11/13! :j0 -
Please can anyone help? Is the default on my credit report, 2 years out of date, so to speak, illegal, or just against certain rules? I REALLY need to send this letter off today and want to know what I'm talking about lol!
Thank you!I've got nothing else but I've got my family.
Mum to Moo age 6, Wills aged 3. 2nd wedding anniversary 11/13! :j0 -
climbintheladderouttadebt wrote: »Please can anyone help? Is the default on my credit report, 2 years out of date, so to speak, illegal, or just against certain rules? I REALLY need to send this letter off today and want to know what I'm talking about lol!
Thank you!
No, the default is not illegal.
I don't even know of any certain rules it may be against.
Unfortunately, your delays of over 2-3 years in attempting to reclaim the credit card charges will not help you.
If you started fighting the matter in 2007, then 8 weeks later and without a resolution you would have been in a position to take the matter to the FOS.
You don't appear to have done that, or commenced legal action against the cc company. Hence, the cc company probably don't accept the charges are is dispute ... other than you haven't paid them on time."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Hi Premier,
The default on my current account was placed (Feb 2010) 2 years after the notice was sent to me (March 2008). Lloyds were aware that I was disputing the charges and a complaint was going into the FOS in Jan/Feb this year. In a post by DarkConvict, he stated: "Default notices must be placed within 6 months of you defaulting, otherwise they are considered unfair as they are affecting you for longer, and that under OFT rules on placing defaults this default is unfair and should be removed as it is over 6 months older than the date of defaulting".
The Banking Code, Point 13.6, states subscribers may pass on information about their customers if the amount owed is not being disputed (amongst other things) AND that they will give at least 28 days notice in doing so. Lloyds ignored both these rules alongside the OFT guidance.
I guess I'll just state that they are breaking the rules and point to which ones they are breaking/contravening.
The bank charges claim was started in 07, when they first occurred, and Lloyds put those on hold. I was not aware that I could complain to the FOS until I did at the beginning of this year.
I started reclaiming the wrongful credit card charges 12 months ago when they happened. Lloyds caused the problem, then tried to charge me for it. I refused to pay the charges. They added more charges. They then promised to refund them, which they didn't do. I am shortly taking the credit card complaint to the FOS/ICO etc.I've got nothing else but I've got my family.
Mum to Moo age 6, Wills aged 3. 2nd wedding anniversary 11/13! :j0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351.4K Banking & Borrowing
- 253.3K Reduce Debt & Boost Income
- 453.8K Spending & Discounts
- 244.4K Work, Benefits & Business
- 599.6K Mortgages, Homes & Bills
- 177.1K Life & Family
- 257.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards