can you make a hardship claim if? ( 1Sherwood v Lloyds TSB )

[1sherwood]

you havent made a bank charges claim?
i'm with llyods and am currently handing over #300 a month.is there anyway to stop the charges/fees/interest ?
if so please please tell me how ,what do i do ?
thanks in advance

[Amethyst]

Re: can you make a hardship claim if?

Hiya and welcome to the site

Yes you can start your claim now and would begin at the Subject Access Request (template in library) to start that ball rolling. Theres a sticky at top of this forum for new hardship claims should give you a better idea and some links.

Then you really need to sort out the cause of the charges and what you can do to get them stopped....maybe moving accounts, switching payment methods on some things etc.

To get assessed as in hardship could take a few weeks and a few more hundreds £ worth of charges.

If you can give us an idea of your incomings outgoings and where you think the problems lay, and other debts you have, what your overdrafty is etc...and which bank you are with too we should be able to start getting things sorted out to squish these charges before they eat up your entire income each month.


Ame
xx

[1sherwood]

Re: can you make a hardship claim if?

Subject Access Request (template in library) ????
Theres a sticky at top of this forum ????

sorry proper grade 1 numpty here

llyods tsb is the bank
overdraft is 3k

basically took ill and ran debts up,but was hoping to return to work,but was unable to,am now on DLA and long term incapacity benefit.
main outgoings are mortage which is in arrears so trying to pay this off,and the constant 300 months fees/charges which i can never get on top off,just basically dont have enough money going in to my account to pay all my bills,if i wasnt paying the 300 a month i would be ok (just) but these fees are just spirralling and getting bigger the further i get into debt.wife recieves working tax credit ,i get lower rate dla and long term incapacity,thats it.
paying 600 a month on mortage (actual 514 ) but have to pay 600 to clear the arrears.2x 100 a month loans 300 in charges/fees and then usual bills gas /electric water/council tax.
thanks for replying and any help

[Paule]

Re: can you make a hardship claim if?

Hi Mate

If you click this Hardship Cases - NEW CLAIMANTS - Legal Beagles

it will take you to the thread with the info and the links on

PKea

[Amethyst]

Re: can you make a hardship claim if?

oops sorry I should have linked to that for you - cheers peeks xxx Okay if you can get on with the Subject acces Request letter we'll start looking at the rest.i spy a few peeps reading so i wont waffle too much just yet lol.

[1sherwood]

Re: can you make a hardship claim if? ( 1Sherwood v Lloyds TSB )

ok im confused..not hard i know
but isnt that template letter to do with reclaiming all your bank charges for the past 6 years?
if so do i need to do that first before i can contact anyone about the hardship thingy? then i have to wait 40 days for a reply,so effectively its gonna take months? can i not just ring /write to the bank and ask them to consider me a hardship case and put a stop on all the charges? sorry if i sound stupid but i am

[Amethyst]

Re: can you make a hardship claim if? ( 1Sherwood v Lloyds TSB )

yes do that to get the claim underway - we'll work on the hardship stuff seperate now. I just wanted you to get that letter off so you can start claiming the old charges back and get the account into formal dispute so they cant default you (or we can argue against it if they do)

am on phone at mo but will post fully in a tic.

[Amethyst]

Re: can you make a hardship claim if? ( 1Sherwood v Lloyds TSB )

Okay sorry about that.

Now usually I would advise people in yur position to open a new account and get your income paid into that, and your outgoing DD/SO etc running from the new account, leaving the overdraft where it it - then make a repayment offer to repay the overdraft while the claim (which you are starting by sending the letter we linked to) runs its course.

That may end up with your overdraft in debt collection type arena and give you a default on your account - depeniding on how much your charges ae you can then try stop them defaulting the account and marking your credit record, and after the event get them to remove it.


To begin with though, and before considering doing that, I would send a letter into Lloyds (will get addy in a bit) explaining your change in circumstances and just how much trouble these charges are causing you (we can help with this if you like) point out they are unlawful and under the waiver and the banking code they should consider stopping charges and interest on the account - they will also need a full income expenditure sheet (http://legalbeagles.info/forums/showthread.php?t=5102) to show your circumstances to them.

That done they will probably move you to a basic account and arrange repayment on the overdraft - if they dont it can go against them later - and you can go with the first option of just ditching lloyds.

Does that makes sense?

(and btw you arent stupid we been doing this a long time so if we say anything you don't get them please dont hesitate to ask for clarification)

[1sherwood]

Re: can you make a hardship claim if? ( 1Sherwood v Lloyds TSB )

i know you are busy like ,but just a couple of questions that you can reply to when you are ready.
who do i send the letter to? my local branch of llyods?
how can i stop them bouncing the cheque to themselves and still be nowhere just another 30 quid fee in debt?

[Amethyst]

Re: can you make a hardship claim if? ( 1Sherwood v Lloyds TSB )

Try this address for that letter. (the one about hardship)

J Bundy
Customer Service Recovery Centre
Queen's Rd Quadrant
4th Floor
BRIGHTON
BN1 3XJ



Will try find the DPA letter address.....

[Amethyst]

Re: can you make a hardship claim if? ( 1Sherwood v Lloyds TSB )

how can i stop them bouncing the cheque to themselves and still be nowhere just another 30 quid fee in debt?

You mean the £10 DPA fee ? Send the letter without the fee first...or use a postal order if you can stretch to it.

Add a line in saying that you consider your account to be formally in dispute as you intend on reclaiming any unlawful charges that have been imposed on your account. should cover your back later on if they get narky.

[1sherwood]

Re: can you make a hardship claim if? ( 1Sherwood v Lloyds TSB )

when you say you can help me with this...how do you mean?
sorry have to pick son up from work wont be back for an hour or so

[Amethyst]

Re: can you make a hardship claim if? ( 1Sherwood v Lloyds TSB )

s'ok - if you post your first go at a letter we can help you edit it etc, no rush

[1sherwood]

Re: can you make a hardship claim if? ( 1Sherwood v Lloyds TSB )

Dear Sir/Madam




ACCOUNT NUMBER(s): xxxxxxxxx (or multiple numbers if more than one account)

1. I formally request that you forward me a true record of any Data held by your organisation relating to myself for the complete term of the account(s).
2. I am also aware this request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.
3. If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.
4. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your writing.

I enclose the statutory maximum fee of £10. You have 40 days from receipt of this request in which to return to me the information requested , securely and in legible condition.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know promptly. However, please note that the above address is the one registered with your organisation and which you have previously found to be acceptable.


I would be happy to prove my identity or collect any documents at my local branch.


Yours faithfully,


(signature)


(name)

so thats the letter i'm sending,will have to write it out as i dont have a printer,but who do i send it too?

[Amethyst]

Re: can you make a hardship claim if? ( 1Sherwood v Lloyds TSB )

Lloyds Bank

Swallow House
10 Swallow Street
Birmingham
B1 2AL