fiona v lloyds/tsb - ** WON **

[fionaw]

Well after three weeks of trying to get my statement from India.

I decided to go into my branch for one last try before I sent my letter off.

To my astonishment they were very helpful

Asked them if i could possibly have 6 yrs worth of statements.

"yes no problem I will put in a request for you" the spotty cleark told me
"All I need to do is take some details"

Gave him all my details and he told me I will ring you if as soon as they come into the branch "be about two/three days"

OK

In the mean time I've typed my letter address it and enclosed my £10.00.

Got to work this morning have a voicemail from Lloyds/Tsb to tell me my statements have arrive.

And low and behold got down to the branch and there they are.

(Must point out at this point was not asked why I needed them)

So tonight going through them all to calculate my charges and interest.

Sooooooo much paper

Still worth it in the end

Fi

[Spiceskull]

Hi Fi,

Did you actually send the Data Protection Act request as well? If not, then you should do. This extends the request to 'all transaction history' and 'details of manual intervention.'

It is just a precaution, but if they send the details, and no indication of manual interevention, you have covered your back in the eventuality that they claim manual intervention DID take place.

Good luck.

[fionaw]

I hadn't no

But I will send off tmw.

Thanks

Fi

[fionaw]

handed in prelim letter to local branch on may 2nd and had no response. to morrow will hand in my letter before action. in the prelim letter i made no mention of the 8% interest but should i now include it in the lba

[reload]

Good luck Fiona

[commando]

Hi Fiona,
No dont include it in the LBA. Add on the 8% when you get to money claim.

[eyeballto]

thanks. but it puzzles me why in the template letter it includes it??????????

[fionaw]

the above post was me -- I acidntly posted while my boyfriend was looged on.

[fionaw]

As previoulsy wrote in a previous mail their 14 days are up, and am getting ready to sent my lba letter.

On reviewing what has previously been sent, i think that I have made a mistake. I have included my overdraft excess fees.

I have spoken to the bank this everning to enquire about my the overdraft excess fees and they have informed me that there is a £5 charge for everytime I go over my overdraft up to a maximum of £90 per month.

Upon further reading on this site I now belive that overdraft excess fees are not reclaimable. Am I correct in thinking this. If so then my total amount claimed in my perlim letter is incorrect.

What do I do ?

Can I change the amount in the lba letter without mentioning the mistake or will I have to mention it.

[fionaw]

ok.. realise i hadnt made a mistake as i can claim all the money..

handed in my lba today for the full amount to the branch to the same person that sorted out my statements..

upon reading my lba he said "oh dear, if i knew it was relating to bank charges i wouldnt have been able to give you the statements"

oh well never mind lol

14 days and counting

[fionaw]

received the standard fob off letter ..... so do i now just wait for the 14 days and proceed to court or is there anything i need to do beforehand?

[commando]

Wait the 14 days then file money-claim. In the meantime read up as much as possible on that proceedure. You are 2 days behind me, good luck.

[fionaw]

below i have copied my particulars of claim. i have used the rough template and added the section about the 8% interest...
a couple of things

1) it comes to 1006 words
2) the very last bit about daily rate of interest???? what do i put here

3) please can someone ok what ive done and even better shorten it for me so its under 1000 characters

thanks



I have a contract with the defendant bank
dated nov 1997 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are 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 then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so. i also claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 01/08/2000 to 10/03/06 of £917.24 and also interest at the same rate up to the date of judgment or earlier payment at a
daily rate of ?.

[fionaw]

decided that im not going to claim anymore.

i have 4 1/2 years of a ccj to run and if they close my account ill lose my debit facilities because my parachute account will only give me an electron card. its been a difficult decision as its £4500 and i got into this financial mess because i was robbed of thousands by an ex-boyfriend

ive also been finding it harder to get answers recently and feel maybe this isnt such a good idea..

good luck to all in your claims, i hope you all win

[HD]

AFAIK Lloyds haven't closed anyones a/c yet. Would it be likely that they would close yours?

Whether to drop your claim is your decission. I would personally look at the pros and cons carefully. Is the CCJ related to Lloyds or a different institution?

It does seem to take longer at the moment to get advice. I think that having 21,500 users might have something to do with it!!

I'm sure a mod will be along soon to give you some more detailed information on closure and ccj's.

[closey]

Hey Fiona, I know how you are feeling, but please don't give up. This money is yours, and I can only imagine that the amount you wish to claim will make huge positive impact on your life. The MODS have so many threads to look at/edit etc that it will take a bit of time, but they will get round to yours. Just hang in there. Wait a while, take a deep breath, gather your thoughts, then go out there and get back what is rightfully yours.

[anjumanji]

Fiona, don't give up!!!!! I got a letter a few day ago offering to settle. so there is light at the end of the tunnel.

With regards to your questions.

No1 use abbreviations and take out any extra words, eg change 'standard terms and conditions' to 'standard T&Cs'. You could start with 'Claimant has account with defendant dated.....' and then shorten the next sentence to read ' Claimant requires return of funds taken by way of charges....' etc

No2 work out how much is owed at the date of the claim including the 8% interest. Work out the monetary value of this at 8% and this will be the daily rate.
eg: £4,500 inclusive of 8% interest to 01/06/06. £4,500 x 0.00022 = 99p per day.

I've been through this and am now doing the claims procedure for friends and family. So if you need any help of support just PM me and I'll do what I can.

Angie

[mrposh1]

fiona please don't give up ITS YOUR MONEY! i've to have a ccj i have recived asettlement letter to pay in full you will get plenty of support from people on here this is what the banks want look at my thread i have also though about giveing up but to think that they have £1800 of MY money and i want it back so please don't give up

[fionaw]

well i decided to go for it... thanks for the encouragement... i got the particulars under 1000 words and filled my claim so going all the way now