HD v Lloyds TSB - **Settled in Full**

[HD]

I used to have two a/cs with LLoyds 4 months ago I closed one of them. Most of the charges were on the closed a/c ( probably about £3,000 :o )

Can I get statements on this a/c through the Data Protection Act and can I still claim back the charges?

[BankFodder]

Yes

[HD]

Thanks for the prompt answer.

A bit more detail-

I was advised by Lloyds in 2001 to open a seperate a/c to pay all bills with a SO from the current a/c to fund it. In 2002 paying the SO would have put the current a/c £100 over the OD limit so they didn't pay it and all the dd's on the bill paying a/c bounced-£300 charges. They did this several times subsequently.

From a back of the envelope calculation it looks as though the charges on both a/cs might exceed the £5k limit for not being vulnerable to fees.

1. Should I use the standard letters in this case as I feel that I was given bad advice as well as punitive charges
2. Can I split the 2 a/cs into different claims to keep under the limit?

[BankFodder]

Use the Data Protection Act letter twice - one for each account. maybe even allow a few days in between them for the avoidance of doubt
If the charges do add up to more than the Small Claims track limit then you are right too consider to claiming on each account separately.

[HD]

I have just worked out the charges on interest on the a/c that is still open.

£2374.00 charges £217.02 interest

That's the a/c that has not had as many charges!!!!

I am just about to write the initial letter. Can I just check the following are deemed penalty charges before I send the letter-

Overdraft excess fee
Unpaid D/D
Unpaid cheque

And the following are not

Overdraft interest
Account charge

I am planning to deliver the letter by hand to the branch. Should I get them to sign to say that they have recieved it?

[BankFodder]

Any overdraft interest which was charged on an unenforceable penalty charge is itself unenforceable

[Docubot]

Although, legally I don't think you have to - it couldn't hurt to get a receipt for the letter.

[HD]

Just realised that it is a joint a/c.

Should I change I to we in the preliminary letter and both sign it?

[BankFodder]

No. It doesn't matter

[HD]

Preliminary letter sent on current a/c.

Now I have got to calculate charges on "bill paying" a/c. As this is now closed, and not on the web, it's a case of finding all of the statements and doing it manually. There are likely to be some missing.

Would I be better tackling this through Data Protection Act?

This would also delay the claim for this and prevent the bank from trying to lump the two claims together if it gets to the court stage.

[barriejohn69]

just out of interest I had a load of charges on a Lloyds account they suspended about 3 years ago and I'm paying off each month (yes I know I'm an idiot for getting into debt). How would I get my account details as there must be a grand of charges easily? Any help appreciated. Thanks in advance

[BankFodder]

Originally Posted by barriejohn69

just out of interest I had a load of charges on a Lloyds account they suspended about 3 years ago and I'm paying off each month (yes I know I'm an idiot for getting into debt). How would I get my account details as there must be a grand of charges easily? Any help appreciated. Thanks in advance

You make a Data Protection Act request using the template in the library.

HOWEVER - you have hijacked someone else's thread.
This makes it diffilcut for us to support you and the person whose thread you have hijacked and also makes it difficult for others to follow the stories.
DO NOT HIJACK THREADS. START YOUR OWN

[barriejohn69]

It said closed acount which mine is. Should I have said closed acount 2 then as I'm a bit confused.

[BankFodder]

This thread belongs to HD.
You need to start your own thread. call it what you want and conduct your claim in there. We will make sure that no one hijacks your thread.
Please don't hijack someone elses.

[HD]

I have just received an answer to the preliminary letter from my branch-

I am in receipt of your communication dated 2nd March 2006 and advise that your letter has been forwarded to our customer care team for their attention.

I understand that our customer care team will respond directly to yourself responding to the concern raised.

You do not need to reply to this letter unless there is anything else you'd like me to help you with. If you do need to talk to us again about this please contact us by 27th April 2006. This is so we can get to your information quickly. If you do contact after this time we will, of course, still be able to help you but it may take us longer to find the information we need.-




Is there any significance in the 27th April date or are they playing mind games?


I can't remember when I last looked forward to receiving a letter from the bank. Thank you all for that.

[BankFodder]

I suppose that they are saying 8 weeks.

They don't do themselves any favours, do they. You send a letter and they completely ignoe it.

Anyway wait until the expiry of the 14 days - then the letter before action

[HD]

Just had a standard reply to the preliminary letter from the customer care team.

sorry that you're unhappy with us.....

Investigate your concerns.....

Enquiries should be complete within the coming 2 weeks...........

Have a copy of our concerns leaflet.


Good


Clock's running

[HD]

Sent letter before action.

As I accessed the charges off their website i don't have paper copies of statements yet. Would it be better if I did a Data Protection Act to get paper copies and details of any manual interventions?