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

[elsinore]

[quote=elsinore;765687]
(b) at which the court will not normally hear oral evidence.
[/quote

Yes, there doesn't seem to be a choice, but one wonders what abnormal circumstances might allow it.

Els

[BARTY]

Originally Posted by ULTRA691

Hi new to site i worked out my charges at £5107 with interest over last 5 years with Lloyds TSB done the letters ,where do i send to my branch or head office cheers .ultra691

Hi
Send it to:

Customer Care
Lloyds TSB
125 Colmore Row
Birmingham
B3 3SF

Please start up your own thread and then we can help you out on there.
Barty

[Pen]

Hi Bong yes but what we/I write in it, I would also have to send it to lloyds 3 days before the hearing so we have plenty of time to think about it. (noticed i say we as i would need all the help i can get from you clever people.)

did you read my post about lloyds retaining statements for a min of 10 yrs, yet won't allow customers axcess.

Pen

[arrogantvenus]

Ultra691
you can go to the bank address list on FAQ and get the lloyds address. I sent mine to Andover and copied my branch

[Glenn UK]

Out of interest Pen, have you recorded the phone call?

If not i would prepare your witness statement to include the info, name times etc, but don't count on it being decisive. If would be better if you had recorded the call with the other persons knowledge i should add, simply because then you can use it as evidence in court. It may still be evidence without their permission but i wouldn't bank on a court allowing it.

Ill have a think see if anything else comes to mind, its certain that they have your data and you are entitled to it, the only issue is getting the right evidence to force them to supply it.

Ill have a look back through your thread to read some more see if this gives me any ideas.

HTH

Glenn

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	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[abigail2]

Lloyds have not responded to the Financial Ombudsman request to settle my query and i have now been allocated a case worker by the Ombudsman to negotiate with Lloyds direct BUT this can take up to 14 Weeks!!!! plus all the time i have already wasted. As my claim is £7K is it worth me waiting for the Ombudsman case worker to sort out with Lloyds or do i take them to court?? it wont be the small claim court due to the amount. Is there anybody out there with experience of going to court for claims over £5K??? please help im slowly getting defeated!

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[Pen]

Hi Glenn, I wouldn't count on reading back through my thread being of any help, it is totally confusing and so much has happened, the main thread is Pen-V-Lloyd's TSB. But your right of course they do have my records and for some reason they are not allowing then out of the bank. I do think that on a few occasions they have made a big c... up with our account especially with O/Hs loan agreement. But I think there is more to it then that, I can remember something happening in the past but not quite what. I think It had something to do with a insurance policy with Scottish Widows, our insurance got canceled when they amalgamated after we had been paying it for years.

Anyhow, i did not record the call, i should have learned by now, i have read people doing it so often on here but I just called on the off chance.. and its always the same women Janet who I talk too. I was quite shocked when she told me they would not release any more info, actually I do have a letter from her, she sent me about 6 months statements last month and a letter stating " This is the final information from my initial searches. I have contacted all the various departments again and is still awaiting a response. If she can't get it then I have no chance.

pen

[Big Ninja J]

Hello all,

I have received what I guess is the standard response from Lloyds today stating that the charges are not default charges at all. I have therefore registered with this site and am preparing to move to the next level. Do people recommend a further letter to Lloyds promising court action or simply instigating a claim with the Small Claims Court? Wish me luck.

[BARTY]

Originally Posted by Big Ninja J

Hello all,

I have received what I guess is the standard response from Lloyds today stating that the charges are not default charges at all. I have therefore registered with this site and am preparing to move to the next level. Do people recommend a further letter to Lloyds promising court action or simply instigating a claim with the Small Claims Court? Wish me luck.

Hi
If it is the reply from your LBA then you should start the Court claim. If it is the reply from your Prelim you should send the LBA.
If you start up your own thread you can keep us all updated on there.
Good luck!
Barty

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[BillyS]

Okay guys, I do have all of my paper statements back to 1997 when my account was opened (sad bugger never throws any paperwork away!!!). Anyway, I have already sent Lloyds my LBA and the time has expired on this. I have been reading this thread with interest and wondered how I can go about testing the water with this one. Would I need to restart my claim, issue a new prelim and LBA with the charges back to '97, or can I add further detail now at this stage ?

Alternatively should I continue with this claim (my MCOL is ready to go) and then start a second claim for the earlier charges?

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[noomill060]

If one has written evidence from a bank that transactional data from yonks ago exists, but that it would take disproportionate effort for the bank to supply it, under your Subject Access Request, would it not be simpler just to ask a Court to order the bank to supply it under an injunction?

It would cost a lot more, £150 or so, but clearly it would be well worth it, if that data revealed charges from many years ago, with many years contractual interest accrued.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Soniam1981]

Hello Everyone. I have just joined the CAG today. on the 16th of April i sent my first letter to LTSB claiming 6 years worth of charges. I know for a fact that I could claim much further back but agian like may of you i was fobbed off with some line about all post 6 year info being in an archive somewhere. It would be great to hear if anyone has managed to go beyond the 6 year period for charges and will be keeping a close eye on this forum. I am today sending my second letter to the bank threatening with court action after receiving the very same letter that Fluffykaiser2 recieved. They now have 14 days to reply with offer of my charges refuneded plus interest or i will start court proceedings. I will keep you all posted. vbmenu_register("postmenu _731516", true); I will be going at this hammer and tongs.......

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[DESPARATE STEW]

any body know what to do if bank doesnt give you details of past six years charges .I sent request off over 70 days ago and had no reply despite phoning 4 times information commission doesnt seem to have any teeth as it can only advise bank to cooperate

[Soniam1981]

Hi. I dont know if this will help, but i managed to get the past 6 years off my internet banking and worked out my charges from there. Maybe this is something you could do. Just a thought.

[meagain]

Have you actually contacted the Information Commissioners Office, or are you making that judgment based on what others have said here?

If that fails, put a formal complaint to the Information Commissioners Office, and look at obtaining a court order for compliance (the Office has some guidance somewhere which advises that this can be dealt with as a £30 case, as opposed to a full-rate £150 non-cash claim - find this first, and send a printed copy in with your claim), which you should be able to obtain in short order.

[DESPARATE STEW]

thanks but i not got internet banking just difficult bankers!
im sending complaint to information commissioner but dont expect a positive response will keep all posted

[meagain]

Indeed - if you end up simply going down the court order route (again, find that guidance note to save yourself £120 in fees), make sure you include all the paperwork you have sent, and the details of the data controller from the Data Protection Register - in one case (RBS, I think), the judge was so appalled by a delay they stated that had they known the name of the registered controller they would have made an order for their imprisonment.

[Pen]

Hi everyone,
after diging around in the garage, i have come up with some old statements. one dated Aug 1995 shows a debit for loan chargers 246.67. anyone know what loan chargers are. it is definitly not a loan payment because that is shown under a SO for £137.18. i have also unearth statements showing chargers where debited out of our account in 1998 for about £300.00. it's really bugging me knowing i have paid hundreds in chargers but cannot get the statements. I am going to put all these to one side for the moment whilst i deal with the court hearing but!! what shall i do with the loan charger one any ideas.

Pen

[Soniam1981]

Could anyone tell me what LBA stands for?
Cheers

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[noomill060]

LBA = Letter Before Action.

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