Care to share your correspondence with us? It would be nice to know the correct form of wording we need to use when dealing with these organisations.
Well, the DVLA one, I more or less used one of the templates available here. Explained that a company cannot impose a fine, merely and invoice, returned their paperwork, declining the offer and got a reply stating that nothing more would be done - no explanation why not just - stopped (which is fine by me).
The Lloyds one was a little more complex (bearing in mind the history of the case). I sent a letter to their directors, explaining their clear breach of contract and detailing my losses. I headed it "Without Prejudice" (I read that somewhere - probably here), explained what they had done and were still doing and gave the 14 days to respond with my claim of £500K in losses and provable damages (not actually had a reply to that letter - or the 6 preceding ones yet). I then went on to explain that, should I be forced to take legal remedies for my losses, then I would also be requiring for them to prove their losses in support of any claim they may think they have against me.
Without further prompting or, even a reply to my letter, I simply received a flood of "offers" (all in my favour), reducing the alleged "debts" by massive amounts and suddenly opening accounts that I have not been able to use for 6 months.
Naturally, I have rejected all of these offers (as to accept would imply that I agree with the fact there is a debt owing) but, again, without prejudice, I have suggested that the re-opening of the accounts is a step in the right direction and would be willing to use them, provided that I do not have to agree with the balances on the - they agreed to that without question.
They are on the run now. I do not, in my wildest dreams think that they will simply "pay me some money", as that would have to come from their reserves (ie: It would be real money). I do however. expect them to simply write off the negative balances and release the securities they hold - which will earn me around £165K and - they will lose not a penny.
I feel that a pragmatic and balanced approach, backed by a knowledge of one's lawful rights and duties, is the way to prevail in what are simply - unknown and uncharted waters for banks and their customers.
I expect, at the end of this, to still be a customer of Lloyds and, I can assure you, one that will never ever be pissed around again.
Know your rights. Use them. But keep an eye on the fact that, despite what you know - we still have to live in the real world.
I couched the letter to Lloyds, armed with what I have learned here (and in other places) and had to use my brain to work out how I could use these rights and this knowledge to "get the ball rolling" in my favour. It would not serve my purpose to bring down the bank, but it serves my purpose to make them think that this is what I want - and give them proof that I could. Like common law, common sense has always dictated that the loudest, the most threatening and the person that can use all of these together to achieve his end will always come out on top and, destroying the system is not always desirable - but controlling it always is.
I guess that this makes me a communist capitalist - and, on balance, I am not too unhappy with that.
I apologise. Whenever I get on a "roll", I always produce a massive post. I just have to get it off my chest so - If I've bored you all - sorry - but I feel better.
Paul
NOT Nanny
