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  • Lloyds refund

    Hi AAD

    I have also received a letter from Lloyds stating that following a recent review of their collection process, they have found they did not treat me as they should for a certain period of time.

    I am not complaining about being entitled to the refund which they have put towards the outstanding debt but i am concerned about the
    lack of transparency as their letter fails to give any details of the following:-

    What system did Lloyds use to determine which period of time they should look at for the period they have decided they did not treat me as they should have?
    Why am i not entitled to have Lloyds review their treatment of me prior to the time they have decided and specified?
    No financial breakdown as to how they reached the total sum being refunded (this means i cannot check it myself)
    No mention of erroneous details on credit file. Original defaulted amount surely must have been listed incorrectly(?) if they are now admitting to have included charges/fees etc that they originally should not have?
    No mention of any implications of the court action taken on their erroneous figures (tied into a consent order so debt still with Lloyds)

    Looks to me like a 'just shut up and take it letter we are doing the minimum of what we have to do'.

    Anyone challenged any of these letters that Lloyds have been sending for more details? What was the outcome?

  • #2
    Hi
    I think a lot will depend on what exactly this is a refund for, was it a loan, credit card, mortgage?

    You could of course always give them a call, I expect there is a number on the letter. I was able to get extra for my mortgage refund after I said I had spent time and money dealing with it.

    Hope that helps

    Comment


    • #3
      Originally posted by realfedup View Post
      received a letter from Lloyds stating that following a recent review of their collection process, they have found they did not treat me as they should for a certain period of time.

      . . . . . No mention of any implications of the court action taken on their erroneous figures (tied into a consent order so debt still with Lloyds)

      Is this related to the Tomlin Order you signed with Lloyds which you posted about in September 2016 (post below from another thread) because there may be questions which need answering if the consent order was entered into based on irregularities?

      Do you still have a copy of the original Claim Form?


      Originally posted by realfedup View Post
      Re: Debt transfer.

      I had a TO set up for me with Lloyds via the Court of Protection and rubber stamped by the courts.


      Are Lloyds being aware of my vulnerability allowed to ‘sell on’ or change the administrator of the TO without an order from the court if the terms of the TO do not specify this?


      My TO is worded similar to the example given here (dates and amount differences).


      I was not aware that either side could vary the terms (even with referring the matter back to court as the TO does not include this and the solicitor from the CoP never made this clear in any communication to me or the family member looking after my interests whilst i was in hospital.

      Or is this a different debt?

      Di
      Legal Disclaimer

      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #4
        Originally posted by realfedup View Post
        Hi AAD

        I have also received a letter from Lloyds stating that following a recent review of their collection process, they have found they did not treat me as they should for a certain period of time.

        I am not complaining about being entitled to the refund which they have put towards the outstanding debt but i am concerned about the
        lack of transparency as their letter fails to give any details of the following:-

        What system did Lloyds use to determine which period of time they should look at for the period they have decided they did not treat me as they should have?
        Why am i not entitled to have Lloyds review their treatment of me prior to the time they have decided and specified?
        No financial breakdown as to how they reached the total sum being refunded (this means i cannot check it myself)
        No mention of erroneous details on credit file. Original defaulted amount surely must have been listed incorrectly(?) if they are now admitting to have included charges/fees etc that they originally should not have?
        No mention of any implications of the court action taken on their erroneous figures (tied into a consent order so debt still with Lloyds)

        Looks to me like a 'just shut up and take it letter we are doing the minimum of what we have to do'.

        Anyone challenged any of these letters that Lloyds have been sending for more details? What was the outcome?
        Just read your post with interest, my husband who had a Lloyds credit card with a balance of approx 8.5k received a letter with the same wording as yours last November - that between 2014 and 2018 they failed to treat him as they should (in their words). Every time he got to within a few hundred pounds of the credit limit during the time period they mentioned, up the limit went, he was drowning in debt at the time. Their decision (after declaring the debt enforceable) was to credit the account with all but 80 quid of the outstanding balance. This may determine the time period question in your post? We didnít ask questions, we paid the £80 and bought a bottle of wine to celebrate. Even so, Lloyds bank still leave a REALLY bad taste in my mouth.

        Comment


        • #5
          Hi Diana

          Thank you so much for taking the time to respond to my post. Yes you are correct. It is the same Tomlin.

          i am concerned and wanted some background before asking Lloyds some relevant and pertinent questions, hence this current post.

          Diana, is there any guidance you can give on how to approach and challenge?

          I feel quite aggrieved, and plan on pursing this matter.

          Despite being in and out of hospital during the Tomlin episode i have all of the original paperwork from that time.

          Comment


          • #6
            Originally posted by realfedup View Post
            Hi Diana

            Thank you so much for taking the time to respond to my post. Yes you are correct. It is the same Tomlin.

            i am concerned and wanted some background before asking Lloyds some relevant and pertinent questions, hence this current post.

            Diana, is there any guidance you can give on how to approach and challenge?

            I feel quite aggrieved, and plan on pursing this matter.

            Despite being in and out of hospital during the Tomlin episode i have all of the original paperwork from that time.

            May I ask how long ago (and how much) was the Court Claim and the subsequent Tomlin Order? Was it before or after the period covered by Lloyds' admission of their treatment of you and refund?

            I suppose what might matter is whether the refund is for overcharged interest etc. (so the amount claimed may have been inaccurate) or a Goodwill Gesture for not treating you fairly when you were in and out of hospital.

            Also how much was the refund from Lloyds?

            You've referred to varying the Tomlin Order in your first post; have Lloyds specifically said that they will be making an Application to do that, or do you mean that by 'offsetting' your refund against the outstanding balance of the Order they have 'varied it'?

            Di

            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              Hi Di




              The Tomlin was 2013

              The amount was substantial (to me anyway). would rather not mention on an open forum as may easily identify me

              The refund (off setting) by Lloyds covers a period prior to the TO -

              so the original Tomlin debt amount would have been incorrect as stated at that time (taking into account what Lloyds admit now)

              the Lloyds letter states refund to cover interest, fees and charges

              letter states ' did not always take the appropriate course of action when dealing with your account'




              they then go on to say they are sorry and state how they made the credit




              The varying of the Tomlin order as referred to in my original post, in 2013, is as stated. Lloyds changed the administrator of the TO without an order from the court. My concern at that time was that the terms of the TO did not specify an allowance for this change, so how could they have exercised a change of the adminisrator without rubber stamping by a judge??




              Currently, in connection with the refund (off set) Lloyds have not mentioned any variation in their letter, have just said deducting the refund (offset) from the outstanding debt. However. By Lloyds taking off setting action - would this vary the original TO?




              The final box in their letter does state, 'if you have any additional information you believe we should have taken into consideration.....' There is no stated time restriction/cut off date on the letter, should i wish to take up this option - and i do/will.




              Hope the above answers most, and is understandable.




              lloyds letter makes no comment about a goodwill gesture

              Comment


              • #8
                Originally posted by realfedup View Post
                Hi Di

                The Tomlin was 2013. The amount was substantial (to me anyway). . . . The refund (off setting) by Lloyds covers a period prior to the TO - so the original Tomlin debt amount would have been incorrect as stated at that time (taking into account what Lloyds admit now)

                . . . the Lloyds letter states refund to cover interest, fees and charges

                The varying of the Tomlin order as referred to in my original post, in 2013, is as stated. Lloyds changed the administrator of the TO without an order from the court. My concern at that time was that the terms of the TO did not specify an allowance for this change

                Hope the above answers most, and is understandable.
                I completely understand what you've said. I also can see that this was, and still is, a sensitive issue.

                If you'd like me to take a peek at that letter from Lloyds then feel free to email me using di@joannaconnollysolicitors.co.uk

                Di
                Legal Disclaimer

                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment

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