Priest Vs Lloyds tsb

[darkrage]

Mr R J Priest


Ref: SCH1

TSB






SORT CODEx-xx-xx






ACCOUNT NUMBERxxxxx






SCHEDULE OF CLAIM FOR CHARGES





PERIOD: 20/09/2001 TO 25/04/2007






In Respect of: Amount(a) Date Incurred
Days since offence interest 8% APR(b)

20/09/2001 chg o/draft usage fee £20.00 20/09/2001
2045 £0.00

20/09/2001 fee account charge £4.00 20/09/2001
2045 £0.00

19/10/2001 fee account charge £4.00 19/10/2001
2016 £0.00

20/11/2001 chg o/draft usage fee £25.00 20/11/2001
1984 £0.00

20/11/2001 fee account charge £4.00 20/11/2001
1984 £0.00

20/12/2001 chg unpaid d/d £27.50 20/12/2001
1954 £0.00

20/12/2001 chg unpaid s/o £27.50 20/12/2001
1954 £0.00

20/12/2001 fee account charge £4.00 20/12/2001
1954 £0.00

18/01/2002 chg o/draft usage fee £25.00 18/01/2002
1925 £0.00

18/01/2002 fee account charge £4.00 18/01/2002
1925 £0.00

20/02/2002 fee account charge £4.00 20/02/2002
1892 £0.00

20/03/2002 fee account charge £4.00 20/03/2002
1864 £0.00

19/04/2002 fee account charge £4.00 19/04/2002
1834 £0.00

20/05/2002 fee account charge £4.00 20/05/2002
1803 £0.00

20/06/2002 chg o/draft excess fee £20.00 20/06/2002
1772 £0.00

20/06/2002 fee account charge £4.00 20/06/2002
1772 £0.00

19/07/2002 fee account charge £4.00 19/07/2002
1743 £0.00

20/08/2002 fee account charge £5.00 20/08/2002
1711 £0.00

20/09/2002 fee account charge £5.00 20/09/2002
1680 £0.00

18/10/2002 fee account charge £5.00 20/10/2002
1650 £0.00

20/11/2002 fee account charge £5.00 20/11/2002
1619 £0.00

20/12/2002 chg unpaid s/o £30.00 20/12/2002
1589 £0.00

20/01/2003 fee account charge £5.00 20/01/2003
1558 £0.00

20/03/2003 chg o/draft excess fee £20.00 20/03/2003
1499 £0.00

20/03/2003 fee account charge £5.00 20/03/2003
1499 £0.00

17/04/2003 fee account charge £5.00 17/04/2003
1471 £0.00

20/05/2003 fee account charge £5.00 20/05/2003
1438 £0.00

20/06/2003 chg o/draft excess fee £20.00 20/06/2003
1407 £0.00

20/06/2003 fee account charge £5.00 20/06/2003
1407 £0.00

18/07/2003 chg o/draft excess fee £20.00 18/07/2003
1379 £0.00

18/07/2003 fee account charge £5.00 18/07/2003
1379 £0.00

20/08/2003 chg o/draft excess fee £20.00 20/08/2003
1346 £0.00

20/08/2003 fee account charge £5.00 20/08/2003
1346 £0.00

19/09/2003 fee account charge £5.00 19/09/2003
1316 £0.00

20/10/2003 chg o/draft excess fee £20.00 20/10/2003
1285 £0.00

20/10/2003 chg unpaid d/d £60.00 20/10/2003
1285 £0.00

20/10/2003 fee account charge £5.00 20/10/2003
1285 £0.00

20/11/2003 chg o/draft excess fee £20.00 20/11/2003
1254 £0.00

20/11/2003 chg unpaid s/o £30.00 20/11/2003
1254 £0.00

20/11/2003 fee account charge £5.00 20/11/2003
1254 £0.00

19/12/2003 fee account charge £5.00 19/12/2003
1225 £0.00

20/01/2004 fee account charge £5.00 20/01/2004
1193 £0.00

20/02/2004 fee account charge £5.00 20/02/2004
1162 £0.00

19/03/2004 fee account charge £5.00 19/03/2004
1134 £0.00

20/04/2004 fee account charge £5.00 20/04/2004
1102 £0.00

20/05/2004 fee account charge £5.00 20/05/2004
1072 £0.00

18/06/2004 fee account charge £5.00 18/06/2004
1043 £0.00

20/07/2004 fee account charge £5.00 20/07/2004
1011 £0.00

20/08/2004 fee account charge £5.00 20/08/2004
980 £0.00

20/09/2004 fee account charge £5.00 20/09/2004
949 £0.00

20/10/2004 chg unpaid d/d £30.00 20/10/2004
919 £0.00

20/10/2004 chg unpaid s/o £30.00 20/10/2004
919 £0.00

20/10/2004 fee account charge £5.00 20/10/2004
919 £0.00

19/11/2004 chg o/draft excess fee £20.00 19/11/2004
889 £0.00

19/11/2004 fee account charge £5.00 19/11/2004
889 £0.00

20/12/2004 fee account charge £5.00 20/12/2004
858 £0.00

20/01/2005 chg o/draft excess fee £20.00 20/01/2005
827 £0.00

20/01/2005 fee account charge £5.00 20/01/2005
827 £0.00

18/02/2005 fee account charge £5.00 18/02/2005
798 £0.00

01/03/2005 chg unpaid s/o £32.00 01/03/2005
787 £0.00

01/08/2006 fee account charge £10.00 01/08/2006
269 £0.00

01/09/2006 fee account charge £10.00 01/09/2006
238 £0.00

02/10/2006 fee account charge £10.00 02/10/2006
207 £0.00

01/11/2006 fee account charge £10.00 01/11/2006
177 £0.00

01/12/2006 chg o/draft excess fee £30.00 01/12/2006
147 £0.00

01/12/2006 fee account charge £15.00 01/12/2006
147 £0.00

02/01/2007 chg o/draft excess fee £30.00 02/01/2007
115 £0.00

02/01/2007 fee account charge £15.00 02/01/2007
115 £0.00

01/02/2007 fee account charge £15.00 01/02/2007
85 £0.00

01/03/2007 fee account charge £15.00 01/03/2007
57 £0.00

02/04/2007 fee account charge £15.00 02/04/2007
25 £0.00


















total (a)


total (b)


£881.00


£0.00






(a+b) total




£881.00

[darkrage]

sorry cut and paste is a bit naff - im sorting this claim for my father inlaw - i only have a couple of questions.

he was sent an itinerary of charges od interest and different fees - in the format they send out is all of this including od interest accountable into the schedual for reimbursment. I have not enetered interest as i dont know if this is the amount of interest for the fees and not whole monies.

also the acount fee is only £4.00 to start rising to £15.00 nearer 2007
£4.00 seems just - can they argue this with the £4.00/£5.00 fees?

these questions are for those who have taken tsb to court or more knowledgable people than me

cheers steve

[nicsussex]

Originally Posted by darkrage

can they argue this with the £4.00/£5.00 fees?

I would love it if they did!

[darkrage]

take that as a no then thnx for the info

[darkrage]

oops been busy with my hsbc claim and forgot about this one lol

lba sent 30/4 best put in the n1 form and start the claim since they sent a rather silly letter spouting some stuff about credit charges which im not cliaming so onwards and upwards maybe a month late but im sure my father inlaw wont mind.

will try to get n1 form in this week.

1 question tho - for garyh or other mods on lloyds are the poc's different compared with hsbc's and if they are could someone pm me their pocs aimed at lloyds

thx in advance

[darkrage]

oh sorry not submitting via mcol going to use n1 so i can get more poc's on it so we dont get into the claim to vague defence criteria.

[darkrage]

are these poc's ok
1. The Claimant has held Account (xx-xx-xx) xxxxxx since approximately 1976 with the Defendant.

2. During the period in which the Accounts have been/was operating the Defendant debited 71 charges (average of £12.40) to the Accounts in respect of purported breaches of contract on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A complete list of the charges applied to these accounts are attached.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.
b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £2042.50;
b) Court costs;
c) interest pursuant to S.69 County Courts Act 1984 at 8% APR from date of each charge to date of the claim, total £112.43, Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.19p per day OR at such rate and for such periods as the court deems just.

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

[Champnos]

You cannot claim the bank charges of £4 and £5, even if they increased to £15 it would probably be as the account was upgraded. These are not penalty charges but a fee fr the operating of that specific account. I pay £7 a month and get free AA cover etc.

Hope im not too late!

[darkrage]

hi - could someone else comment on this maybe a mod i thought all charges of which have not been agreed could be claimed back and since this account does not charge a usage fee for the account itself then this od/fee is a charge and can be claimed back.

will pm a mod to have a read.

[Champnos]

Hmm it looks like a account fee, a usage fee in other terms. A fee for the account.

If not then i would have said £4 or £5 would be a reasonable penalty and thus should not be claimed.

Hopefully someone can clarify this for you, will keep an eye on this!

[darkrage]

well lets say they charge £5.00 but actually it only costs them £2.50 in admin costs they are still gaining 100% profit sowhy cant i claim it back

[Champnos]

I know what your saying but unfortunately the OFT do not back this up, they state there must be some profit made to cover overheads heres a snipplet of what the OFT reported

"In April ‘06, the Office of Fair Trading opined that credit card charges were too high and should be reduced to £12, which most plastic providers have since done. It’s undoubtedly a positive step, though many may still think £12 is too high; yet it adds weight to the case for reclaiming charges as it makes all prior charges look too expensive."

[livelylad]

Originally Posted by Champnos

I know what your saying but unfortunately the OFT do not back this up, they state there must be some profit made to cover overheads heres a snipplet of what the OFT reported

"In April ‘06, the Office of Fair Trading opined that credit card charges were too high and should be reduced to £12, which most plastic providers have since done. It’s undoubtedly a positive step, though many may still think £12 is too high; yet it adds weight to the case for reclaiming charges as it makes all prior charges look too expensive."

Actually the OFT are not important. Its law that is important, its unlawful to make a profit on a breach of contract. Therfore if the actual cost is £2.50 and they charge you £5 it is unenforceable.

[Champnos]

Unfortunately you wont be able to back that up. Each bank will have different overheads which need be taken account of when making charges in relation to these penalties. These also appear to be fees for the account.

Ive read a lot of documents and sites and its quite apparent that you should not attempt to claim amounts if they are deemed to be acceptable, acceptable is less than £12. The OFT report is also used in the court bundle i believe thus would be detramentle to this case

[darkrage]

so onwards and upwards lively lad - n1 will be filed this week with these charges as they stand.

thanks for taking the time to stop by

[livelylad]

Originally Posted by Champnos

Unfortunately you wont be able to back that up. Each bank will have different overheads which need be taken account of when making charges in relation to these penalties. These also appear to be fees for the account.

Ive read a lot of documents and sites and its quite apparent that you should not attempt to claim amounts if they are deemed to be acceptable, acceptable is less than £12. The OFT report is also used in the court bundle i believe thus would be detramentle to this case

Ok, account fees can not be reclaimed as you say for example RBS royalties fee £6. However to state that a charge below £12 is acceptable is wrong. You can only be charged the amount that is required to administer the breach of contract. Thats the law. The OFT have no powers to make law in this country.

[darkrage]

as far as im aware this account has no *fee* to operate it but i will clarify this with the account holder - i think they have just worded the charges well so it gives doubt.

actually looking at the schedule of charges - non of them are a fee for operating an account they are just fee's for breach into o/d so i can claim these