Announcement

**di30** · 28 November 2010, 12:30

Re: Lloyds O/D

Hiya

Blimey I am so sorry to hear the FOS had rejected this matter, especially as your under hardship on this.

I do not normally deal with charges but have been there myself on the hardship side of it and the FOS did accept my case and take it on, and we were also successful.

May I ask on what grounds the FOS rejected this?
Thanks x

**scarednshakin** · 28 November 2010, 13:37

Re: Lloyds O/D

Hi Di

Thanks for getting back to me so quickly. The letter we got from FOS quoted the test cases, it said that they expect banks to 'review any outstanding debt which a consumer holds with it, and consider whether there are any steps that could be taken to alleviate the difficulty caused by that debt. However, the bank is not obliged to refund charges as a means to resolving financial difficulties.'

Letter goes on the explain that the bank passed the debt onto its consumer debt recovery dept and suspended all charges, that was nearly a year after we pleaded with them to stop adding charges and telling them we could not pay. According to FOS this action prevented the debt from increasing further!!

The account was with Apex and we offered to pay the difference between the o/d and charges in August this year and have heard nothing from them until this letter yesterday from SCM threatening legal action.

So wondering where to go from here. Thanks for looking at this Di

**di30** · 28 November 2010, 15:45

Re: Lloyds O/D

Originally posted by Mrs Scarednshakin

Hi Di

Thanks for getting back to me so quickly. The letter we got from FOS quoted the test cases, it said that they expect banks to 'review any outstanding debt which a consumer holds with it, and consider whether there are any steps that could be taken to alleviate the difficulty caused by that debt. However, the bank is not obliged to refund charges as a means to resolving financial difficulties.'

Letter goes on the explain that the bank passed the debt onto its consumer debt recovery dept and suspended all charges, that was nearly a year after we pleaded with them to stop adding charges and telling them we could not pay. According to FOS this action prevented the debt from increasing further!!

The account was with Apex and we offered to pay the difference between the o/d and charges in August this year and have heard nothing from them until this letter yesterday from SCM threatening legal action.

So wondering where to go from here. Thanks for looking at this Di

Hiya

Your most welcome.

Right with ours, when my hubby lost his job, we ended up in financial difficulties, like yourself with Lloyds, and again the overdraft.

I wrote to Lloyds in about June 2009 to ask if they would help by freezing the interest and charges and if we could make temp arrangements until things improved on the financial side of things, and we also contacted the CCCS who helped us with the letter templates and of the Expenditure to enclose alongside the monthly £1 token payments.
Even though they were accepting and taking the payments, they would never get back with a firm answer but to continue to add on more charges etc.

They got one of ther debt collection agencies involved known as SCUM in short (cannot remember the full name of them now will have to check), but if Lloyds were good enough to accept the payments whilst under hardship and whilst there was a recession all this could have been avoided.

So some time went on, so I thought I would write a letter of complaint to Lloyds, and if they did not resolve or accept the offer for the time being I made them aware I would complain to the FOS.
So we gave them 8 weeks (still continued to make the stated payments), and 8 weeks came up and we received the letter that they were not able to freeze and so on.
So of course these kept adding up!

So I made the complaint to the FOS, sent them copies of all the letter we received, also copies of what the CCCS helped us with which included a copy of the expenditure.

This was then dealt with by the FOS (however we did have mortgage difficulties as well) so if this also applies to you, they do need to know this.
Back a few months ago, the FOS agreed that Lloyds failed to treat us fairly, considering we were in hardship, and if they had agreed with the temp arrangements the interest would not have added up to what it did.

Anyhow, the FOS made Lloyds refund the charges to the overdraft account, and also the loans and credit cards, it came to a grand and something, then we were awarded £100 in distress compensation.

Have you also tried getting in touch with one of the free organisations?
National debtline
Payplan
CCCS

If not then I would do so, they will help you through this and if this is still not resolved, you have the right to re-complain to the FOS with the efforts your trying to make whilst in hardship.

Did the FOS also make you aware that you can have your case reviewed by the Ombudsman?

**di30** · 28 November 2010, 16:30

Re: Lloyds O/D

Have to sort tea, be back sometime later on X

**scarednshakin** · 28 November 2010, 16:32

Re: Lloyds O/D

Cheers Di

Thanks for the advice, due to the mess we ended up in we sold our house and are now renting so maybe that has something to do with it, not sure. There was nothing left after we sold the house but maybe as we didn't have mortgage arrears this makes a difference.

With drop in hubby's wage it just made things 100 times worse, as everyone on here knows.

Anyway will talk to Mr SNS and see what to do, am tempted to try and get a settlement figure from them to see if we can work something out that way.

Thanks again, without all the help and advice on here we would have sunk a long time ago.

Thanks Di

**di30** · 28 November 2010, 17:17

Re: Lloyds O/D

That's ok and not a problem.

Sorry about your house, and I do hope things get better for you.
Thankfully hubby is now in a job be enjoys, it was the fact that where he did work in a steel plant went into liquidation just days before Xmas this all stemmed from.

But also just to say though, if the adjudicator does not uphold in your favour, they should make you aware they do normally pass the case on to the ombudsman for a review, so if this was not said, you could contact them about this and any further information you may have is to pass it on to the ombudsman who may even uphold in your favour.

Fingers crossed for you X

**scarednshakin** · 28 November 2010, 18:25

Re: Lloyds O/D

Really appreciate the advice and help. Will let you know how I get on, enjoy what's left of the weekend and hope you don't have as much snow as up here!

**di30** · 28 November 2010, 18:51

Re: Lloyds O/D

Thanks honey, that would be good, the very best of luck.

Had some a few days ago, all frozen over now and some parts here in Wales hit minus 17 last night

Good luck on the snow side too.

XX

**Never-In-Doubt** · 28 November 2010, 22:01

Re: Lloyds O/D

Mrs SnS - told ya di would help

Thanks Di....

**di30** · 29 November 2010, 10:52

Re: Lloyds O/D

LOL, not a problem Niddy, glad to help, cheers.

X

**scarednshakin** · 8 January 2011, 11:42

Re: Lloyds O/D

Hi di

Thought I would let you know how I got on. Reply from Lloyds today, still not repaying all charges BUT they have said they will repay over £1000 of them, these are charges that were applied but we were no longer using the account.

They have also agreed for a £2 payment a month for 6 months and then look to increasing it, don't think that will happen as can't see position changing in 6 months but we will wait and see.

So thanks so much for your advice :yeah :yeah, just glad that they have removed some of the charges

**di30** · 8 January 2011, 18:09

Re: Lloyds O/D

Hiya

Hope your well

That is fab, well done and Congratulations!

Bet you feel relieved to get this sorted for now.

Thanks for letting us know, and we're happy just as long as you are, again well done!

Your most welcome. x

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