Danni Vs LloydsTSB and the Post Office!

[Dannirich]

Well I sent my letter requesting all information regarding bank charges over the last 6 years. I copied and pasted the one from the library. I also read that I should send it recorded delivery just in case. Guess what! I waited all this time because somebody else said that they'd waited 5 weeks to recieve this information from Loydstsb, today I called the post office to see if my letter got there ok and to my astonishment its been lost in the post! So in that letter were my bank details and a £10 cheque with my other bank details. Where the hell do I stand with this one? Do I get compensation? I think its all very bloody weird dont you? perhaps Penny Berryman has the post man working for her and he puts any letter that looks like it might be from one of us in the bin! Can anybody answer my questions?

[GaryH]

Hi Danni,


It is frustrating, but it does happen from time to time. I don't think you would be entitled to any form of redress from the post office on this one. If it were special delivery, you could claim compensation I think, but I'm pretty sure theres no provision for that with standard recorded delivery. First thing you need to do is cancel the cheque. Then I'm afraid you'll just have to submit a new S.A.R - (Subject Access Request). Make sure this time that you check the royal mail website a couple of days after you send it just to make sure it got there.

[Dannirich]

Thanks Gary, you've been most helpful. I will do both of those things you suggested. Do I at least get my money back for the postage?
When I get my information back from the bank will it be for the whole time I have banked there or just the last 6 years? Also some people have mentioned interest, as in working out the interest on the charges is that just if they make you go overdrawn and charge you interest.
Thankyou
will send another letter today
Danni

[GaryH]

Not 100% sure, but I would think so if you take the proof of postage back to them.

You'll probably only get the last 6 years as they don't have to keep Data longer than that. Thats all you need though, as you can only claim back 6 years worth anyway.

With regard to interest, regular overdraft interest is not claimable. However, if they unlawfully charged you which then put you into overdraft, the overdraft interest they levy as a result of the unlawful charge IS reclaimable. So basically, you can only claim the overdraft interest that has been levied on top of each unlawful charge. To be honest thugh, most people don't bother with this. Its quite complicated to work out the claimable proportion from the legitimate proportion and it does'nt usually add up to much anyway. There is a spreadsheet to help you if you wanted to give it a go though, which can be found in the templates library.

The other interest you can claim, which is completely unrelated to overdraft interest, is the rate of 8%APR on each charge individually from the date it was applied. This is the rate that the County Courts Act 1982 allows you to claim on top of money you are owed when you file a claim to recover it. As such, this is'nt applied, or even mentioned in correspondance, untill the time you file your court claim.

Have a good read of the FAQ's (in my sig) and some 'WON' threads while you wait for your statements to come through, and everything will become clear.

[BARTY]

Hi
No you will not get your postage money back either, sorry Danni.
Barty

[Dannirich]

Hi Barty
How cheeky is that! Just read your post did you win against LloydsTSB?

[BARTY]

Hi Danni
Yes I won!! It took a long time, I think I started in April and they paid up mid October, about 3 weeks before my court date. You certainly need a lot of patience with these lot!
Good luck with your claim.
Barty

[Dannirich]

Well horay!
I've just recieved my statements through the post after four weeks of waiting. It arrived the same day that the post office sent an apology letter for loosing my letter requesting the statements, how silly.
So Lloyds did get it.
I've just worked out my bank charges for the last six years £622.50, thats a lot of money to be giving back to the bank. I'm just going to double check it all and then I'm going to send the next letter.
Danni

[Dannirich]

Hi Chloe
just to say I am at the court stage with my bank I have filed the claim an they subsequently paid part of the money they owe me. £700 of the £1150 they owe me. They have just taken further charges from my account, can I add these to the £450 and how shall I show this in writing?

[GaryH]

No, unfortunately you cannot add further charges at this stage without a formal application - which would probably delay things and cost you £35 which you won't get back.

Better off starting again when this claim is settled - rthey usually pay out fairly quickly the second time around anyway.

[Dannirich]

thanks Gary
I thought they might do, as I saw a programme on television about that. Waiting for a court date seems to be taking a really long time. I filed it at the beginning of March.

[ChloeJane]

Hi there,

Ok, to answer your question.

Firstly if it is not the full amount of the claim and you are in court action, if you are not happy with part settlement, then you need to reject the offer as you have done...so that parts right!.

With the new charges that are added today you could do one of two things....

1) Apply to the court to ammend your claim - you will need to do this on an N244 form - application to the court.

Link is here -

Cost is £35 and apply to have the further £205 in charges added to your current claim.

OR

You could write to their lawyers and state that following -


Since claiming you have today received a further £205 in charges that are again relating to this account.

That you are intending on ammending your claim and adding this amount which will incur a further fee for them of the £35 plus further interest untill the day of court.

Tell them that you are more than willing to settle at this stage - for your full claim plus £205 costs and end the court action.

Give them 7 days only!

If you take option 2, then if in 7 days they have not responded then come back and I will happily help you ammend your claim.

Hope this is clear!

CJ

[Dannirich]

I need some more help, if poss. I am going to add additional charges to my amount that I am claiming for and I'd like to know who I send the additional £35 to. Do I send it straight to the court?

[nicsussex]

Originally Posted by Dannirich

Do I send it straight to the court?

Yes

[Dannirich]

Thank you, I will do that straight away. Is it payable to the local court?

[nicsussex]

Payable to 'HMCS'

[Dannirich]

thanks again

[Dannirich]

Urgent, I need help!

Just recieved a letter from the court stating that if i did not comply with the order dated 9th may 2007 by 19th july 2007 the claim will be struck out.

It states on the 9th May letter:

District judge henthorn orders that this claim is stayed until 6th june 2007 to enable the parties to attempt settlement.
On or before 20th June 2007, one of the following steps must be taken:
either
the claiment must notify the court that the whole of the claim has been settled
or
the claiment or defendent must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process. The letter should confirm the agreement of all of the parties
or
all the parties must file a completed allocation questionnaire at the court. Where settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionnaire. The list must be agreed with the parties and must indicate that is has been agreed.

I also after this letter dated 9th may added further charges to my claim taking it back up to £843.32, they sent the cheque and letter back stating 'please include the n1 forms amended in red in order for it to be re issued.
I'm not sure how to do that or respond to the letter dated 9th May?
Please help
Kind Regards
Danielle