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Lloyds Bank pushed me to Bankruptcy

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Comments

  • Bank should do some think to make sure I'm not going into a deep problem's and he did nothing. He was aware I'm in debs, but ignored this because I was regularly paying off everything.

    And Lloyds did some checks on you, they could see you were paying regularly so they thought you would be ok with higher overdraft. Maybe they were wrong but now they have a problem to get their money back. You are responsible for your actions and you have a problem too.

    It is frightening how people can blame others for their own mistakes.

    Also, if £150 difference per month made such a big difference for you, why your partner do not work? Minimum salary is like £1200 per month?
  • Flobberchops
    Flobberchops Posts: 1,279 Forumite
    1,000 Posts Fifth Anniversary Combo Breaker
    edited 4 July 2019 at 2:16PM
    OP wants to stick to the legal rather than moral side of the issue? Cool.

    When you take a loan, credit card or overdraft facility, you sign a customer agreement that confirms you understand and commit to be held to the terms of the lending. This includes the understanding that you agree the debt is affordable for you, you agree to make any mandatory payments on time, and that you are happy with the displayed interest rate and/or fees. There is usually a clause about contacting the bank at the earliest possibility if your circumstances change or the debt becomes unaffordable, and in addition the bank reserves the right to call in your debt at will and in full at any time.

    When the terms of the agreement are changed unilaterally by the bank (as in the case of changing a variable rate of interest or restructuring how an overdraft is charged) they will provide you with this updated information and you have a period where you can choose to opt out by settling your debt. If you continue using the lending facility then you are deemed to have agreed to the new terms of the agreement.

    This bank-customer agreement is a legal contract and non-payment can result in collection action.

    Yes, banks have a duty to customer care including responsible lending. There are many factors that the bank will consider when deciding whether to lend money, including account activity, evidence of activity elsewhere and credit reference agency information - but additionally, and not least, the information supplied by the customer.

    If you took part in a lending agreement in the knowledge that the debt was unaffordable to you, or you had no intention of making timely or full repayments (or reasonable belief you could), you have breached the conditions of the contract you signed. If the bank thought it would be fruitful, and was willing to risk the reputational damage, they would be justified in pursuing legal action against you.
    : )
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