Lloyds bank refuses offer threatens court

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websi7

New Member
Apr 10, 2009
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I owe Lloyds TSB some £7,500 on an unsecured loan in my sole name and have some £1,500 in arrears.

Over a year ago I tried to change payments as I was finding it hard to meet monthly payments, this was refused and now things are really bad hence the arrears.

I have been in correspodence with them over making some form of instalement payments (£35 a month) provided they waive "fines" and interest payments which they have REFUSED.

They are now threatening COURT ACTION seeming not to pass the case to a debt collector.

I have other debts with CCs and these have all accepted monthly payments.

I am aged 66 living on State Pension and Pension Credit and am trying to do "the right thing" by at least paying something.... to be met with such hostility beggars belief..... I have given up trying to phone them as all they want is all the money due and will not discuss offers, and deny having ever had the COUNTLESS letters I have sent.

I took advice and they seem to think I am doing the right things.

What can I do? I do not want ballifs coming in but it seems I will have little choice if they will not listen to offers. I have no savings.
 
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Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
The first thing you can do is stop worrying, you are doing the right thing by trying to pay what you can and are actually paying more than you would have to if this was dealt with by a court.

Lloyds taking you to court is an error on their part as the court is not likely to send in Bailiffs on an unsecured loan that you are trying to pay - ensure you complete any court forms that are sent to you and return them to the court within the given timescales, if you need any help with this, come back and shout and we'll go through them with you.

Another thing to remember is that debt collectors cannot visit your home without your permission, only bailiffs with a court order can do that and that is not going to happen until you have had the opportunity to go to court yourself and defend this action and this is not as scary as it may seem, chances are you'll come out owing a damn site less and with an affordable monthly repayment.

Keep in touch, if you want my e-mail or phone number, let me know but please do not make yourself ill worrying over this.
 
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websi7

New Member
Apr 10, 2009
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Thanks for advice

Thanks for the re-assurances I feel a lot happier.

I was told that banks and finance cos cannot take benefits money from me which is paid to me for living expenses and since this is our main income

State pension £122.06 pw
Pension credit 10p pw
My wife gets Incapactity Benefit til he 60th Birthday on 22 May and then state pension plus £248 a MONTH for DLA
Mortgage interest is paid by Pension Credit and we pay no council tax
We have potential some income in our house but it is jointly owned.

So if a court looks at INCOME how will they treat this against a debt. I thought that would just sent in the baliffs to clear the place of anything they can get just because of their rights under the finance agreement which I signed in 2005 in "better times".

As you say it seems stupid that LTSB should refuse an offer bigger than a court may order....I have supplied proof of incomes etc - do they think I am lying?

They suggest I seek advice from Debt companies but why? if they refuse my offer, why should they listen any more logically with a debt co, besides they are so busy I cannot get an appointment for months, and I do not see the point, it is very wearing and stressful for my wife as well as me.

Do you recommend ANY tactic with LTSB at this time - looking at their last letter they are NOT bluffing they say they WILL issue court proceedings not MIGHT?
 
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GlasgowGirl

Facilitator
Jul 22, 2008
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In addition to Witch Consumer's sensible advice, I'd suggest that you try seeing your local Citizen's Advice Bureau if you haven't done so already. They will probably advise you to keep doing what you're doing - but if you can demonstrate in court that you're not only trying to pay your debt, you're also seeking advice from reputable sources to address the problem, I think that will go in your favour. Good luck.
 
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kris1anne

New Member
Jan 29, 2009
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In many ways although it sounds strange you may be better going to court. An eldery friend also recently found themselves in this position and the advice they were given is to write to the company detailing all payments, make an offer you can afford and then send them that payment every month. They can still attempt to take you to court but it will be disregarded provided you havent missed any further payments. I hope things get better for you soon!
 
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Georginazn

Moderator
Apr 22, 2009
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It sounds like you are doing everything right, and as has been said - what you are offering is more than the courts will expect you to pay.
Write yourself a log of all your correspondence and action, including dates where possible, and keep a file with copies of all your letters, and all their replies if you have them. Meticulous record keeping pays rewards.
Make sure that you send copies of all your letters out. Never ever send to just one person, as the excuse of 'unreceived' post is way too over used.
Always write to two people within the same organisation if you can - you can find the names of directors on the web.
Establishing a relationship with the CAB is also a great way to proceed and to have another person to send a copy to.
I understand that this process is distressing and exhausting, not to say unpleasant, but quiet persistence usually pays off.
 
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