Lloyds V Angi77777 - ****WON!****

[Angi77777]

i'M AT A LOSS AT THE MOMENT. I STARTED THIS CLAIM FOR CHARGES ON BEHALF OF MY EX-HUSBAND (WHOM I'M STILL FRIENDS WITH) AS HE WAS HAVING FINANCIAL DIFFICULTIES. HE HAD ACTUALL SEEN A PROGRAM ON IT LAST YEAR AND WROTE TO LLOYDS IN OCT 2006 FOR 6 YEARS OF STATMENTS. AFTER TWO FURTHER LETTERS (ALL SENT BY RECORDERED DELIVERY) HE HAD STILL NOT RECEIVED ANYTHING EVEN THOUGH HE HAD SENT £10 AS INITIALLY REQUESTED. I HAVE NOW STEPPED IN AS WAS READING THE SITE AND GETTING ALL INFO. MY EX HAS NOT USED THE TEMPLATE ON THIS SITE AND I THINK THIS IS THE REASON WHY WE ARE BEING STALLED. I HAVE NOW RECEIVED A SUMMARY OF ALL CHARGES INCURRED SINCE 31/08/01 - 01/02/07 HOWEVER HALF OF THE STATMENTS ARE MISSING. ALSO MY EX HAD SENT A LETTER REQUESTING A FULL REFUND JUST BEFORE THESE ARRIVED (EVEN THOUGH HE DID NOT KNOW THE TOTAL AMOUNT WHICH IS £3583.71!) ...SUFFICE TO SAYHE HAS NOT RECEIVED A REPLY.
I HAVE 2 QUESTIONS
1> AFTER ALL THIS TIME AND NUMEROUS LETTERS DO I STILL NEED TO SEND LLOYDS A FINAL LETTER ENCLOSING THE SCHEDULE OF CHARGES OR CAN I NOW GO STRAIGHT TO COURT?
2> I ALLOWED MY EX NOT TO PAY ANY MAINTENANCE WHISLT HE WAS HAVING FINANCIAL DIFFICULTIES AND HE WANTS ANY REFUND TO GO STRAIGHT TO ME INTO MY LLOYDS TSB ACCOUNT, IS THIS POSSIBLE?

ANY ADVICE WOULD BE MUCH APPRECIATED.
ANGI77777

[binkhus]

i would take it slow and do this as if your starting from scratch. if half the statments are missing write to lloyds stating the data protection act and say unless you get all the statments asap you will be taking legal action.
then go through all the steps to get a refund. lloyds are horrible and will fight to the end, they settled the day before i was due in court!!
just remember slow and steady wins the race, you dont want to mess up and have the whole thing thrown out.

[Michael Browne]

HOWEVER HALF OF THE STATMENTS ARE MISSING.

Are these still missing? If so, you need to chase these up. It would be better to find these out rather than issue an estimated claim.

Is this for a previously joint a/c?

[Angi77777]

This is for a previous joint account that is now in my ex's sole name. Also i know the exact amount owed as they issued a full summary of charges for the dates 31/08/2001 - 01/02/2007 but only half the statments. So i know on what date they debited charges and for how much. If this helps?

[Michael Browne]

DO I STILL NEED TO SEND LLOYDS A FINAL LETTER ENCLOSING THE SCHEDULE OF CHARGES

I would re-send an LBA, enclosing the schedule, but only give them 7 days before filing. As it's a previously joint a/c, even though it's now in sole name, Lloyds may insist on paying half to each of you and use the fact that only you ex is making the claim to stall, so it may be worth making a joint claim using N1

[Angi77777]

Thanks, i thought i may after do that. However i am only making the claim in my ex's name...i'm just doing the leg work and paying any fee's. I thought this would be best as most of the charges were incurred when the accounts was in his sole name.

[Michael Browne]

That's fine. They may well pay without question, but old joint a/c's have had problems like this in the past. Just so you're aware.

[Angi77777]

Hi, all Well I re-posted my LBA and the 7 days was up today. no acknowledgment letter no funds...nothing from lloyds at all!
So I guess now i have to sort out and go to court. Will be sitting down this evening and filing claim. This is all taking far longer than i expected but heyho i'm in no rush.

[tiglet]

Hi Angi

LBA states 14 days, not 7 if you used the template here.

[BARTY]

Originally Posted by tiglet

Hi Angi

LBA states 14 days, not 7 if you used the template here.

Hi
This was the second LBA that she sent and she was advised to give them 7 days.
Barty

[tiglet]

Oh, I see - sorry there, obviously brain is not computing at the moment - must be time for a sandwich x

[BARTY]

Originally Posted by tiglet

Oh, I see - sorry there, obviously brain is not computing at the moment - must be time for a sandwich x

lol, know what you mean

[Angi77777]

Hiya, Just filling in my N1 form and need bit of help.

* i have put myself and my ex-husband as the claiments as my name was on the account but no longer, its now in his sole name. but claim backdates to when i was on it. Is this ok? LBA was in both names.

* Also can i state on the N1 form that the refund to be credited directly to lloyds account in my sole name?...was thinking if i attach a signed letter from my ex advising this is what he wants too?

* Can i put both mine and my ex's addresses on the N1 form so that we both receive replys? (He works away alot and may not pick up post for days)?

Would appreciate any help.
Angi77777

[Angi77777]

Any idea's on the above???? Please anyone?

Thanks
Angi77777

[Angi77777]

Well I've posted court papers in sole names with a letter requesting "right of appropriation" so that any money due arising from legal action against Lloyds TSB must be paid directly into my sole account, and my ex has signed this.
Lets hope it all works!!

[Angi77777]

Thought i'd slipped through net and Lloyds had not defended my claim but alas they have,
They now have furth 28 days to defend claim...which we all know theywont but I hear the OFT or FSA are already looking into these charges and will rule soon so dont want to miss out.

[BARTY]

Hi
They have 28 days from date the claim was served to enter a defence. You should then receive a copy of this and an Allocation Questionnaire to fill in. These links should help you with that:
Draft Order for Allocation Questionnaires

Allocation Questionnaires - A guide to completion

Barty