Nationwide first.Lloyds last but not least ***WON***

[lancsman]

I hammered off a request to Nationwide first,initial refusal.Letter before action next,meanwhile i sent request for refund of charges to Lloyds Credit card.Theyve acknowledged and will get back to me in 5 days when theyve investigated further!
isn,t it a shame by that time,they will have recieved my Data Protection Act request as per the suggested format in "templates"So know my intention to "rag them like my dog does a bone "untill satisfaction and a just outcome.for all the worry of how the h..l am i going to exsist,pay our bills,eat AND PAY CHARGE UPON CHARGE!!!!!
When i first went to see them,very helpfull would increase our overdraft in time and suggested i take their Credit Card as it was interest free for 5 months.I take it they,re on some sort of commission?
Anyway Roll..ks to them i,ve moved my side of the account (wife,s still with them)Now to Play.

Bitterness is going to make them pay too

[lancsman]

Well i sent the letter asking for a measly £40.00 back! Peanuts to them, FORTY POUNDS TO ME. They replied saying a senior blah de blah would look at it and theyd reply in 5 working days.
Got that Wed 29th,That would beTuesday4thfor a reply.Its nearly friday7th.So with our post being so bad i,l give em till Saturday then file at the local court...but i,l ask the Clerk tomorrow bout Moneyclaim..

tiddly pom the clock ticks

[alanfromderby]

Keep us informed of progress - it's a nice feeling to be able to turn the tables.

[lancsman]

Reply to your last Alan from derby letter came today from Service Recovery Centre Brighton. whilst not admitting charges were excessive blah de blah as a gesture of good will blah de blah arranging refund of the two charges......

All ive got to do now is check out and see if it,s actually refunded a small victory at the 11th hour.Before i proceeded with a small claim

[lancsman]

Checked the creditcard account and indeed twas REFUNDED now i just had a problem of how to get it out £10.00 was easy,sent it in AMAZING VOUCHERS to you know who.

My D.P.A. letter went out 30th March.Ive heard nothing so ive E - mailed that nice Mrs Penny Berryman(she probably is),its not the staff its the regime were fighting....
I,l let you know of more developments.

Read LOTTALITTLIES story inspiring...

[lancsman]

Hi all got my D.P.A.s back how confusing arethey?just added a note to Loula,s thread bout what their abbreviations are.Going to take a bit of fathoming out but there,s definitly charges to reclaim.

(E-mailed Dear Penny a few days ago,got one back to say they,d find out progress. of course was away and they turned up great wodge of them Crossed in the post you might say.....


I,l let you know boys and girls.

[lancsman]

Sent request for refund similar to nationwide,recorded delivery.giving them 14 days.
tick tock....

[BankFodder]

Can you run the NW claim on the NW forum please

[lancsman]

Ran my last message here,because its Lloyds i,m now battling with.I won with Nationwide and i thought that if people see any progress with my claim they could always ask me for a copy of wot i wrote or look in the Nationwide forum cos its the same law were using just different banks if i knew how to ammend the title i would but then it would be a different thread and wouldn,t be at the beginning if that makes sense...

Here is an ammended copy i wrote to Nationwide that won ammended to Lloyds...

Mr & Mrs xxx xx xxxxxxxxxxx 27thApril2006
xxxxxxxx xxxxx Cottage
xxxxxxxx xxxxRoad
xxxx xxx
xxxxxxxxxxx
Lincolnshire
xxx xxxx

Customer care
Lloyds Tsb
125 Colmore Row
Birmingham
B3 3sf

Account no'xx-xx-xx/xxxxxxxx

REQUEST FOR REFUND OF UNFAIR AND ILLEGAL BANK CHARGES

Dear Sir or Madam

Having recieved and studied information sent under D.P.A.request,on charges levied against our account over the last six years I now present you with my findings.

I understand from recent information that these fees in relation to charges brought about by direct debit refusals,exceeding overdraft limits and so on,are unlawfull at commom law,statute and recent consumer regulations.

Do bear in mind that;
1. Bank charges are not legally enforcable if they are penalties.Penalty clauses in contracts under English and Scottish law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party.

2.This is also a breach of the 1999 Consumer Credit Act(unfair Terms in Consumer Contracts).

3.Notwithstanding the fact that we signed an agreement with yourselves regarding Account Terms and Conditions.It is also an implied term of that contract to operate my account under English Law.Which by definition you are abusing by excessive "charges"which do not reflect the true cost to yourselves of operating my account.

Your terms and conditions do not supersede common law.

4.My wife has been a customer of yours through a large part of her adult life.Operating her account with you,many,many times,well in credit.Allowing yourselves to use and profit greatly 24 hours a day from any excess funds in her account.

I calculate from our statements from 2000 to April 2006 (notwithstanding a number of charges that were negotiated and refunded) that you have taken £1xxx.xx.

WE REQUIRE REPAYMENT IN FULL OF THIS MONEY AND IF YOU DO NOT COMPLY FULLY WITHIN 14 DAYS THEN WE SHALL FORWARD "LETTER BEFORE ACTION".

IF AFTER A FURTHER 14 DAYS YOU HAVE NOT FULLY REFUNDED SAID CHARGES THEN WE WILL HAVE NO CHOICE BUT TO ISSUE A SUMMONS THROUGH THE SMALL CLAIMS COURT

THIS FOR THE FULL AMOUNT. PLUS INTEREST AT 8%. PLUS MY COSTS.WITHOUT FURTHER NOTICE OR DIALOGUE.


Yours faithfully



John xxxxx xxx (For Mr & Mrs xxx xx xxxxxxxxx).

[lancsman]

E-Mail recieved back from Lloyds

Is this what everyone gets back first?

Thank you for the e-mail.

I am sorry to learn that you appear unhappy over the level of charges you have incurred on your Lloyds TSB account.

Under the circumstances, your e-mail has been passed on to the Manager of the Complaints Unit within Service Recovery. I have asked that he notes your comments and issues raised and arranges for a response be sent to you at the earliest opportunity.

In case you haven't received a copy of our leaflet called 'How to voice your concerns' I've attached one to my e-mail. This tells you all you need to know about resolving your complaint with us.

Regards

Keith Boden
Lloyds TSB - Service Recovery
Birmingham

"I,m sorry to learn you appear unhappy" Are they joking!!!!!! They,ve ripped my wife off for years,with excessive charge after charge. In one month early 2000, when she was a contract cleaner,eaning a pittance (national basic wage,£4.00 odd was it?)for excessively long hours,they took £70.00 off her not a lot to some but % wise a big chunk of her wage.She didn,t tell me just struggled on.Unhappy i am(youda) you betcha....

[lancsman]

Well it,s now 15th May and Lloyds have had there 14 days.Sent "letter before action"by recorded delivery. Also e-mailed looks like all the way boys and girls.

Mr & Mrs ************ 14thMay2006
************
******* *****
****
*****
******

Service Recovery Centre
125 Colmore Row
Birmingham
B3 3sf

Your ref BHAM/DJ/CC/****** (Account no'**-**-**/********)

IN ACCORDANCE WITH THE 1999 CONSUMER CREDIT ACT(UNFAIR TERMS IN CONSUMER CONTRACTS)
SUPPLY OF GOODS AND SERVICES ACT.
OFFICE OF FAIR TRADING.DIRECTIVE APRIL2006

DO TAKE NOTICE THAT I AM ISSUING "LETTER BEFORE ACTION"

Dear Mr Just

Thank you for your letter dated 2cd May 2006 I note the contents.

Notwithstanding your comments,the rules that apply to these transactions,charges,etc( as outlined below) still stand and therefore your charges come under those terms.Furthermore the Office of Fair Trading,s directive of 5th April 2006 re-enforces the case against excessive charges.

As you very well know these fees in relation to charges brought about by direct debit refusals,exceeding overdraft limits and so on,are unlawfull at commom law,statute and recent consumer regulations.

Do bear in mind that;
1. Bank charges are not legally enforcable if they are penalties.Penalty clauses in contracts under English and Scottish law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party.

2.This is also a breach of the 1999 Consumer Credit Act(unfair Terms in Consumer Contracts).

3.As regards the fact that we signed an agreement with yourselves regarding Account Terms and Conditions.It is an implied term of that contract,to operate our account under English Law.Which by definition you are abusing by excessive "charges"which do not reflect the true cost to yourselves of operating the account

4.Your terms and conditions do not supersede common law.

5.My wife has been a customer of yours through a large part of her adult life.Operating her account with you,many,many times,well in credit.Allowing yourselves to use and profit greatly 24 hours a day from any excess funds in her account.

6.May i bring your attention to an interview with your one time "Head of Personal Banking"Mr McNamara in 2004 on Radio 4.In this interview he makes it clear that charges are used to fund free banking for the whole population.
7.It is widely known that in similar circumstances other banks have been known to re-fund unfair charges.

As previously stated i calculate from our statements from 2000 to April 2006 (notwithstanding a number of charges that were negotiated and refunded) that you have taken and therfore owe £****.** in unfair charges

WE REQUIRE REPAYMENT IN FULL OF THIS MONEY IF YOU DO NOT COMPLY FULLY WITHIN 14 DAYS THEN WE SHALL

BEGIN A CLAIM AGAINST YOU FOR THE FULL AMMOUNT PLUS INTEREST PLUS MY COSTS WITHOUT FURTHER NOTICE

I shall submit a Consumer Credit Act 1974 complaint to the O.F.T. under the basis that you have failed to comply with the directive of 5th April 2006 and are therfore not a "fit and proper person"to hold a consumer credit licience under the above act.

Your Legal Department will have further information if you are unclear what this means


Yours faithfully

[lancsman]

Usual crap back from Lloyds that everyone gets.Why they won,t just pay BACK i don,t know...

Anyway they,ve had ample time to change their mind so iv,e now entered Moneyclaim (e-mailed admin with details)

Suffice to say they have untill 26 june!!!!!to enter a defence.

Tick,tock. tum-tee-tum will be interesting to see what their defence will be.

Service or Penalty?If its a service then the profit they are making is excessive.
anyway must jot down some of the arguments onto my "notepad"got loads there allready hows everyone else doing with dear old Lloyds..anyone NOT seen there new advert!!!!

[lancsman]

Hi folks well they Acknowledged Moneyclaim (6QZ36566) with a letter like"returned to sender"got.No mention of a Part 18 refered to! Now awaiting book from C.A.G. in order to fight them better.
I will ask them if their request for information is under part 18 of the Civil Procedure Rules?As they haven,t asked.
Pulling my hair out trying to copy the letter from scanner to adobe(that bit ok)Can,t get it to go on here!tTum te tum! going for a lie down!!!!






lancsman

[nicsussex]

Seen the details of your claim posted in litigation section. Interest seems a bit on the high side, are you sure that it is correct?

[lancsman]

Hi Nic.If i had tried to work out the interest any more i would have never got the claim in.It wasn,t the Daily Interest that was a problem to work out, it was having no access to any spreadsheets.I could,nt access some and others were taking so long to download(no Broadband available!)my server kept cutting them off!

I was indeed pulling my hair out,so put the claim in for total owed over 6 yeays then tried to get 8%per year figure(116.59!)x by 6 and left it at that,fully considering/expecting that Lloyds would enter into a dialogue (eventually) and that they could surely work out the interest better than i.Or we could reach an amicable compromise.
I know i,m not the only one who has been unable to download the correct programmes read of someone else who was going to do similar and let lloyds work it out.(after all if they had purely paid up the actual loss to me then we would,nt be thinking about any %)
I don,t want to fleece Lloyds just want them to pay what they owe.If they can work it out better than me so be it.
I have been asked by their solicitors to give a list of individual charges,and dates
how i calculate any interest and this is the best bit,how i calculate the sum of £2,2151.57 i think they have slipped an extra "2" in there as i copied the court(moneyclaim)and it wasn,t as much as that!!!
So i,m just going to send them the ammount of each charge and the date,they only need that.(i,m waiting for the book Judge Patricia ....wrote,so i can try and reply fairly to Lloyds.

[nicsussex]

Glad you are aware that interest has not been calculated "by the book" it may be that the solicitors may try to make something of this - however shouldn't detract from the claim a) as they will not go to court and b) if they did I am confident that the judge will think that at least you have made an estimate to the best of your knowledge. Good luck!