Chelsea v Lloyds TSB

[chelsea]

Here is the 10 point defence filed:

"1. The defendant lloyds tsb bank is a bank whos registered office is 25 gresham street, london ec2v. It is admitted that the claimant has been a customer of the bank at all material times.
2. By opening an account with t he bank, the customer enters into a commercial arrangement with the bank for the provision of banking services. The bank is entitles, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the banks chargnes, currently in a leflet a guid to our banking charnges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the bank. Such services presently include, but are not limited to, providing cheques, bank statements, the facility to make payments by direct debit and standing order, debit cards, ATM.
3. By maintaining the account in credit, or within any limit agreed with the bank the customer mya avoid most if not all charges. If the customer fails to ensure that ther are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a reques for a payment ot be made from the banks own funds. If the bank makes payment, or returns the payment, it provides a service as specfied in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the bank explains that there are normally no chages for everyday banking at lloyds tsb when your accou tis in credit.
Whe you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or wher you use special services, such as copy statement, we will make a charge. This guide explains how these charges work, and when they will apply.
4. There is no breach of contract, the chare cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the banks loss.
5. The customer is given advance warning of charges being imposed, statements show the charges, if any, the customer has incurred dueing the course of a month, and which will appeare as debits on the following months statements. Customer are warned by letter when they go overdrawn or over their agreed limit withou arrangement with the bank. If the customer fails to remedy the position, and payments sucha as standing orders and direct debits are refused then again the customer is warned by letter.
6. The charges are fair and reasonable, and it is denied that they are unlawful.
7. The customer is notifeid of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the bank, and purswant to regulation 6 of the unfair terms in consumer contracts regulations 1999 are not subject to the assessment of fairness.
8. In the premises:
8.1 The charges are for banking services, and are not damages nor a penalty.
8.2 The bank is entitles by contract to impose the charges, which are fair and reasonable
8.3 It is denied that the charges are unlawful or contravene any statute or regulation
9. Further, insofar as part of the claims claim is based on charges levied on her account, prior to six years from the date of issue of her claim, that is 6 March 2001, this part of the claim is statute barrred by section 5 of the limitation act 1980. The defendant is unable to varify the amount claimed prior to the 6th March 2001 as the particulars of claim does not show how the amount claimed is arrived at.
10. The claimants claim is denied in tis entirety. It is further denied that the claimant is entitled to the sum claimed or to any sum from the bank."

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Any advise would be appreciated

[nicsussex]

Perfectly standard apart from point 9 - you obviously have claims going back more than six years - not aproblem see here

The issues raised by Llloyds bank defences and claiming beyond 6 yrs

[chelsea]

Thanks for the reply, do I need to do anything or wait until around 18th/19th, and if no reply by then, move to the next step?

[BARTY]

Hi
You should wait to hear from the Courts now.
Barty

[chelsea]

Still no news, how long do I wait?

[GuidoT]

I would wait until the end of the month and then phone the court. They are helpful and friendly.

[chelsea]

Received letters from the solicitors of Lloyds today, the first not saying much really asking for me to make contact with my bank manager on the telephone number supplied, and that I must do that within the next days to review my account

The second seems more important, two pages, starts by saying 'strictly without prejudice, confidential and previleged'

The second page has 7 points basically agreeing to refund my fees plus court costs and I must agree to the remaining points.

I guess this is a basic reply, and must reply within a number of days.
Any comments, not sure if I can type word for word of the reply so have put it in brief. Would be grateful for any comments.

Chelsea

ps would like to donate some money when I receive, please advise how?

[BARTY]

Congratulations!!!
It's up to you whether you agree to the conditions or not, personally I wouldn't agree, there is a letter in the link below to send rejecting them:
Jakena Vs Barclays**won**

There is a button at the top of the page about donating money.
Barty

[chelsea]

Barty
Thanks very much, I'll send the letter suggested and once money received, will make a donation.

Once received, I have another bank account to claim.
Thanks for all the support it amazing what you can achieve when everyone pulls together.

[chelsea]

Checked my bank account today, and there it was my refund, I couldn't believe it, especially as I was waiting for a letter back form the solicitors.
Thanks for all your support and help, I'll be making a donation.

I have another Lloyds account to get refunded, will do my moneyclaim tomorrow and also two mortgage redemption fees so any details on any sucesses would be gratefully received.

Chelsea

[curlychic]

CONGRATULATIONS



I got my refund today too ... feels good eh

XxXxX

[BARTY]

Congratulations!!
Barty

[chelsea]

I sent back a letter to their solicitors as per the instructions saying that not accepting their cnditions, and have now received a court hearing date.. The letters says time and date and that 10 minutes have been allowed for hearing.

Should I now reconsider their offer and accept rather than go to court? Has anyone had the same and what happened?

[zootscoot]

Hi Chelsea,

Is this in relation to your second claim as your post above states that you received a refund.

[chelsea]

Yes, and as such, maybe they change their procedures!

[nicsussex]

Originally Posted by chelsea

Yes, and as such, maybe they change their procedures!

If only they did - however you should expect all the same fun and games again.