Griffin V Lloyds TSB *ABUSE STRIKE OUT*WON*

[griffin9959]

I've trawled the site and I hope I have an understanding of what I'm up against. To all you who have previously posted, MANY THANKS, your experiences are a mine of information, I hope I can hold out like many of you've had to do.

So, the journey begins - 27/11/06 Data Protection Act 1998
Subject Access Request letter sent to Lloyds TSB.

Griffin

[gizmo111]

Hi Griffin and welcome to CAG,

Good Luck with your calim - keep your thread updated so we see which stage you are at and support you on your way.

[natsmanc]

Hi Griffin

Good luck with your claim

Nat

[griffin9959]

So, I hope everyone has had a pleasant festive season. Now that its over I can update you on progress - NONE, not even a letter of acknowledgement.

I now intend to send them a reminder and a copy of my original letter, to be followed up by a phone call early next week.

Having checked the forum, I trust this is the right approach. Any comments welcome.

Griffin

[griffin9959]

Just read some of your thread natsmanc, I've made the same mistake - not used recorded delivery.

So its back to the start for me, new letter to be sent tomorow - RECORDED.


Thanks
Griffin

[griffin9959]

New DSAR sent by RECORDED DELIVERY today 04/01/07

[griffin9959]

Delivery of DSAR confirmed by Royal Mail

[griffin9959]

Have been getting uneasy about getting no response from Lloyds. Royal Mail confirmed delivery of my DSAR to Lloyds on 05/01/07. I'm sure I've seen in the forums, people saying that Lloyds have written back to them acknowledging their request and explaining that it will be dealt with in due course. Its now 18/01/07 and I have had no acknowledgement of my DSAR. Should I be worried????,

Seems I panicked. When I got home today, what was in the post, MY DATA .

Forty days would have been up on 14/02/07. Their response being so fast, me thinks Lloyds now have a dedicated system for dealing with requests such as ours

Thanks for your response gizmo111 !! I shall now update my thread to keep everybody posted.

Again many thanks to yourself and the other knowledgable peeps here!!!!!!

Time to download that spreadsheet and get calculatin.

~S~
Griffin

New DSAR sent by RECORDED DELIVERY today 04/01/07
Delivery of DSAR confirmed by Royal Mail 05/01/07
DSAR data received 18/01/07

[reduk054]

Hey Griffin, sorry for interrupting your spreadsheet calculations, but just a thought, Lloyds haven't taken two lots of £10 for one lot of Data have they? I know its £10 but.........

[griffin9959]

To be honest reduk054, I've not checked. Due to the lack of response to my first Subject Access Request I assumed they put the whole thing in their shredder, including my cheque. I'll have to cheque my statements (sorry, couldn't resist the pun)

Thanks for the heads up reduk054.

~S~
Griffin

New Subject Access Request sent by RECORDED DELIVERY today 04/01/07
Delivery of Subject Access Request confirmed by Royal Mail 05/01/07
Subject Access Request data received 18/01/07

[griffin9959]

So its time to send the prelim letter. Having decided to go for contractual interst, and thanks to Mindzai & Lucid 's hard work, i've amended the prelim letter as follows:

9th February 2007,


Request for repayment of charges.

Dear Sir/Madam,

ACCOUNT NUMBERS: xxxxxxxx & xxxxxxxx


My request
I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs. Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.



What I require
In respect of account number xxxxxxxx:
I calculate that you have applied £582.50 in levies and further, I also claim interest at a rate of 29.8% AER as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your Unauthorised Overdraft interest rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed, which I am claiming as of today's date is £2099.14


In respect of account number xxxxxxxx:
I calculate that you have applied £585.00 in levies and further, I also claim interest at a rate of 29.8% AER as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your Unauthorised Overdraft interest rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed, which I am claiming as of today's date is £1211.95

I enclose a schedule of the charges, to the sum £3311.09, which I am claiming with this letter.

My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.







Yours faithfully,

Any comments welcome!!!!!

~S~
Griffin

[griffin9959]

Recieved first template response form LsTSB on 16/02/07. Now the 14 day deadline has passed I intend to send off my LBA today. To any of you who may be interested - I am claiming contractual interest at 29.8%

23rd February 2007,



LETTER BEFORE ACTION


Dear Sir/Madam,


ACCOUNT NUMBERS: xxxxxxx & xxxxxxxx




I am very disappointed that you have failed to respond positively to my letter of the 9th February 2007. I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.


I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.


I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.


In respect of account number xxxxxxxx:
I calculate that you have applied £582.50 in levies and further, I also claim interest at a rate of 29.8% AER as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your Unauthorised Overdraft interest rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed, which I am claiming as of 9th February 2007 is £2099.14.


In respect of account number xxxxxxxx:
I calculate that you have applied £585.00 in levies and further, I also claim interest at a rate of 29.8% AER as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your Unauthorised Overdraft interest rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed, which I am claiming as of 9th February 2007 is £1211.95.
I enclose copy schedules of the charges, to the sum £3311.09, as submitted with my letter of 9th February 2007.


I require repayment of this money in full. If you do not comply fully within 14 days then I shall, without further notice, begin a claim against you for the full amount plus my costs.






Yours faithfully,

~S~
Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY
05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail
18/01/07 S.A.R - (Subject Access Request) data received
09/02/07 Prelim letter sent.
16/02/07 Frist template response received (nothing out of the ordinary).
23/02/07 LBA sent.

[griffin9959]

No response to my LBA so, I guess I have to file a claim with the County Court. Below are my particulars of claim, please, anybody care to give some feedback before I submit it.

1. The Claimants have two joint accounts ACCOUNT CODE xxxxxxxx and ACCOUNT CODE xxxxxxxxx
("the Accounts") with the Defendant which were opened on or around 1999


2. During the period in which the Accounts have been operating the Defendant debited numerous charges to the Accounts in respect of purported breaches of contract on the part of the Claimants and also charged interest on the charges once applied. The Claimants understand that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimants.


3. A list of the charges applied is attached to these particulars of claim.


4. The Claimants contend that:


a) The charges debited to the Accounts, as outlined in the attached schedules, 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 Claimants; 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. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15. The Defendant has declined to justify the charges.


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) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law.


5. Accordingly the Claimants claim:


a) the return of the amounts debited in respect of charges on ACCOUNT CODE xxxxxxxx in the sum of £585.00 and charges on ACCOUNT CODE xxxxxxxxx in the sum of £582.50.


b) Court costs;


c) the Claimants claim contractual interest at a rate of 29.80% per annum, from the date of each transaction to 9th February 2007, which for ACCOUNT CODE xxxxxxxxx is £626.95, as set out in the attached list of charges. The Claimants further claim interest, on the resulting total of £1211.95, at the same rate up to the date of judgement or earlier payment, at a daily rate of £0.99 per day.


The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. The Claimants hold that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimants. Should the court deem this incorrect, the Claimants claim the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.


Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim contractual interest at a rate of 18.2%, from the date of each transaction to 9th February 2007, which is £310.34, as set out in the attached list of charges. The Claimants further claims interest, on the resulting total of £895.34, at the same rate up to the date of judgement or earlier payment, at a daily rate of £0.45 per day.


The account’s Terms and Conditions specify the interest payable on authorised drawings from the account. The Claimants hold that this applies to authorised drawings by the Defendant as well as to authorised drawings by the Claimants. Should the court deem this incorrect, the Claimants claim the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s authorised overdraft interest rate that would be applied under the terms of the above mentioned account.


Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum from the date of each transaction to 9th February 2007, which is £115.32 and continuing until payment or the date of judgement at a daily rate of £0.13.


d) the Claimants claim contractual interest at a rate of 29.80% per annum, from the date of each transaction to 9th February 2007, which for ACCOUNT CODE xxxxxxxxx is £1516.64, as set out in the attached list of charges. The Claimants further claim interest, on the resulting total of £2099.14, at the same rate up to the date of judgement or earlier payment, at a daily rate of £1.71 per day.


The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. The Claimants hold that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimants. Should the court deem this incorrect, the Claimants claim the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.


Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim contractual interest at a rate of 18.2%, from the date of each transaction to 9th February 2007, which is £672.08, as set out in the attached list of charges. The Claimants further claims interest, on the resulting total of £1254.58, at the same rate up to the date of judgement or earlier payment, at a daily rate of £0.63 per day.


The account’s Terms and Conditions specify the interest payable on authorised drawings from the account. The Claimants hold that this applies to authorised drawings by the Defendant as well as to authorised drawings by the Claimants. Should the court deem this incorrect, the Claimants claim the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s authorised overdraft interest rate that would be applied under the terms of the above mentioned account.


Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum from the date of each transaction to 9th February 2007, which is £228.48 and continuing until payment or the date of judgement at a daily rate of £0.13.


We believe that the contents of these particulars of claim are true.


~S~
Griffin

[reduk054]

Griffin, sorry not to respond sooner!

I have read through your particulars of claim, and you must have filled out the paper work by hand, because you have entered a lot more info than me (mine was via moneyclaim online and you are limited to lines of text and text characters)! Although from what I have read the content is definitely similar
I know that it has been a couple of days

[griffin9959]

Cheers Reduk054.

Yes you're quite correct, this is a paper based excersise for me, I will not be making a claim on line.

Have to take a break from the process for a short while - lack of funds to file claim . Also, before proceeding I want to see if LloydsTSB have deposited anything in my accounts (have not had a reply to the LBA sent by special delivery) but, time and temporary lack of access to internt banking stops me from checking. Hope to get back on track at the end of next week - pay day

~S~
Griffin

[reduk054]

Hi Griffin, yes certainly worthwhile checking your accounts - just in case! Lloyds were starting to part-refund £750 of people's claims over the past few months.
It is hard isnt it having to pay the court fees as well, at least you know that you will get it all back - eventually!
Keep going, nearly there!