Paulahayw v Lloyds - SETTLED IN FULL

[Paulahayw]

What a fantastic site!

1. Data Protection Act letter sent 11th April for data regarding manual intervention on my account with £10 cheque enclosed (sent 1st class recorded). Received by LLoyds on 12th April. (Reply needed by 22nd May 2006)

2. Request for payment of charges sent on 3rd April 2006 into branch for "request for payment of charges £1112.00 (if no positive reply by 17/04/06 then I will send letter before action)

3. Standard letter received from Lloyds: (6th april 2006)

Our Ref : xxxxxxxxxxxx
Dear Mr Tame
Re: Account Charges for Overdraft Excesses and Returned Items
Thank you for taking the time to contact us about your account.
I understand that
• You feel that the charges you have incurred are contrary to the Unfair Terms in Consumer Contracts Regulations 1999.
• You are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.
• You have requested that all charges incurred should be refunded for the past 6 years.
When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also available from our branch staff, telephone helpline or our website.
For the vast majority of our customers banking with us can be completely free, we apply charges if a customer does not have enough money in their account to meet the payments they have requested us to make.
You incurred charges because you did not ensure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits.
As a business we are entitled to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce. We advise our customers to ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each cheque book we request that funds are available before cheques are issued.
You accepted these terms when you opened your account and when you agreed yor overdraft.. We did not agree to pay your account in excess of the amount agreed without charges being made.
Accordingly, I am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities, such as any debit cards or chequebooks you may have. Alternatively, you may wish to consider alternative banking arrangements.
In case you haven't received a copy of our leaflet called 'How to voice your concerns' I've enclosed one with my letter. This tells you all you need to know about resolving your complaint with us.
If you are unhappy with my decision and feel that you have something to add which might change the outcome, please get in touch. If we cannot agree on a solution at that point, I will help you refer your complaint to the Financial Ombudsman Service for independent arbitration.
Yours sincerely

Jean Campbell
Assistant Manager

[Janet-M]

As you say that is a standard letter . just continue with the step by step guide keeping to your time limits that you set.
please keep us posted on your progress and WELCOME.

[Paulahayw]

I have sent off Data Protection Act letter enclosing a cheque for £10.00 Lloyds have sent through repeat statements from Aug 2001 - present charging me £70.00 without infirming me.

Is this correct/ has it happened to anyone elese and can I claim back the £70?

[jonni2bad]

Sorry, can I just get you to clarify the above...

Are you saying that Lloyds have charged you £70 for those statements?

Did you send the letter from the template library re: Data Protection Act request?

Cheers
John

[Paulahayw]

Yes £10 sent for Data Protection Act info - template letter sent from library and this morning received bank statments from aug 01 - to present -checked account and £70 charge for repeat statements - is this correct?

[jonni2bad]

No, most certainly not.

I would write to them (I would send it special delivery) and remind them of your letter (dated XXXX) that you made a request under the Data Protection Act, and that the maximum they can legally charge you is £10.

State that you require your £60 back immediately, plus the cost of the postage for this letter.

If I were you, I would also write to the Information Commissioner's Office to make a formal complaint against Lloyds, including a copy of your original Data Protection Act request letter to the bank.

If anyone else knows of any other action that can be taken, then please add your thoughts....

[petej2811]

Jean Campbell wrote to me!

Nice too see the same bank stooges doing the dirty work.

I think it migh be an idea to start calling these people to courts all around the UK.

PJ

[Paulahayw]

2 repies recieved from LBA - as I sent one to Service Recovery centre B'Ham and one to my own branch.

They are (from head office):
Thankyou for your letter dated 20th April 2006. I am sorry to hear you have not been happy with my response to date.
Unfortunately there is little I am able to add to Mrs Campbell's letter dated 6th April 2006 and I am only able to refer you back to the terms and conditions of your account, although I do respect youur opinion about our charges.

This letter is the banks final response, which means that if you reamin dissastisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. I have enclosed a leaflet which outlines how to contact them.

Yours sincerely

David Just
Assistant Manager

From Branch:

Dear XXXX

Furthur to your letter dated 20 April 2006. I am writing to acknowlede receipt. A formal response will be forwarded to you within the next 5 working days.

Yours sincerely

Dave Nash
Manager


Waiting until 5th May if no positive response I will the start court proceedings.

[Paulahayw]

Hi have put in all charges in to spreadsheet (one downloaded free) when it gets to column asking how many days since offence, how do I calculate this?

Sorry not very good with spreadsheets -never used them before!!

[Spiceskull]

Hi Paula,

If you have entered the info correctly (dates and charges) the 'days since offence' should calculate automatically. I suspect that you have a corrupted cell in the sheet - if so, then PM me with an email address and I will send a 'clean' copy to you.

[dave]

You should just be able to put the date that the charge was incurred in that column and the number of days from then until now should be calculated for you.

[Paulahayw]

Just filling out my claim against LLoyds, just wondered if anyone could answer a few queries:

1) For address of Lloyds I put 123 Colmore Row Birmingham BS 3SF - is this correct?

2) Question does your claim include any issues under human rights act I clicked No

3) Do you reserve the right to claim interest I ticked Yes

Do I need to add anything to the paragraph below?
Thankyou for your help!


Claimant has account xxxxx(account number) with
Defendant from approx xxxxxxx (dates) conducted on
their standard terms and conditions.
Claimant is claiming the return of money xxxxxx
taken by Defendant in charges over 6 years
plus interest they have levied on those
charges. The Defendant's charges are a
disproportionate penalty and therefore
unenforceable as they are contrary to
common law. They are also invalid under the
Unfair Contracts Terms Act 1977 s.4 and
under the Unfair Terms in Consumer
Contracts Regulations 1999.Para.8 and
sch.2.1.e.In the event that the charges are
not a penalty they are unreasonable within
the meaning of the Supply of Goods and
Services Act 1982 s.15.Defendent has
declined justification of charges despite
repeated requests. Claimant claims interest
under Sec.69 of the County Courts Act 1984
at a rate of 8% a year from xxxx to
xxxxx of xxxxxx and also interest at
same rate up to the date of judgment or
earlier payment at a daily rate of £0.34p.

[alanfromderby]

The only thing I can see is the postcode should be B5 not BS.

Otherwise all looks fine.

[wp]

on my letter its B3 3SF

[wp]

And 125 Colmore Road

[alanfromderby]

Must get my glasses cleaned - it is indeed 125, and B3!!

[Paulahayw]

Have sent off to money claim (details in litigation in progress section)

Received info through post from money claim saying defendant has until 27/05 to reply

Received letter this am saying LLoyds are defending the claim in full dated 12.05.06
so what happens now??