Help needed

[Iron Dragon]

Hi everyone,

I found this Site, not for myself but for a neighbour who has struggled to raise her two daughters for the past 10 years without her husband wh had left her for another woman.

She has struggled to survive, sometimes having up to 3 jobs to try to keep their heads above water.

She has been threatened with eviction for Rent arrears, and had a letter from the Bailiffs regarding Council Tax, and she came to me crying her heart out.

I had a look at her Bank Statements and was astonished to discover that between October and November Abbey had deducted £1,125.00 in charges for unauthorised borrowing, much of which was in Direct Debits or Cheques honoured although there was no money available. Further investigation showed that she since February 2001 she has been charged £4781.00 in tthis manner. What a vast difference that money could have made to her quality of life.

Wiith her permission I telephoned the Bank and explained her position and had her overdraft raised to prevent further charges, and at the same time found this Website so, following your guidance, I corresponded with the Bank and am happy to say that they have so far refunded £1580.00. The letter informing this, while dated 4th Jan was not received until the 12th and the money was in her account on the 15th. There was no "option to reject the offer" in the letter, but they did state that they would keep the file open for 8 weeks.

I would like to know how to word my next letter (the 14 day one) to acknowledge receipt of this sum, yet to show that we are still pursuing them for the rest. I assume that we still need to apply for the refund of the whole £4781.00 in case we get judgement for £3201 and they claim that they have already refunded half of that.

[Maysie010]

Great work, sounds like a really worthwhile thing to be doing. The step by step (http://www.consumeractiongroup.co.uk...tructions.html) says that you should go ahead with sending the LBA, and a template is here 3. Letter before action - Consumer version - asking for it back
I think you'll have to change it so that it's clear that although you have revieved their initial offer, you will be continuing with the claim until they repay the fulll amount. Good luck

[lindar]

Hi everyone, just to say hello and ask for some help. I have already received £750 from Lloyds regarding my bank charges and I now have to pursue them at court for a further amount (live in Scotland can only sue for £750 in small claims). I have downloaded the small claims form but I am unsure what I have to put in the part of the summons where it asks about statement of claim. Do I just attach the previous letters received from the bank and my own asking for the money back or do I need to do something else. Any help would be most appreciated.

Thanks

[lindar]

Hi, I am pursuing Lloyds at the moment for bank charges, they have already given me £750 as a gesture of goodwill. I have now been told (by Lloyds) that I will not receive any more from them. I am now going to take them to court for the rest of the money owed, but not sure if I will have a leg to stand on since they already gave me £750.

My question is what do I put in the summons where it says statement of claim, do I just write see paper apart and enclose paperwork that I have sent to Lloyds or do need something else?

Thanks

[audball]

hi im in the same boat as you,gave me 750 but my claim is 4000 i down loaded the small claim court form but dont no were to send them to ,the court or bank,any idea,aud

[lindar]

Hi aud, if you live in Enland you can do claim through small claims but if in Scotland you can only claim £750, if you want to claim the full amount you will need to use the ordinary cause route, you will need a solicitor for that. You can only use small claims (up to £750)& summary cause (up to £1500) yourself. Claim form goes to the court nearest where you live, but you can also do it in England but thats a lot of hassle if you dont live there.

[livelylad]

Please read this thread.
Urgent Attention Please Read - Claims in Scotland

[chocolatte]

Hi there, I have a claim for the Abbey £1331.44 and took the completed form to the Sheriff Clerk's Office and paid £39.
The next day i received the papers back and was told I needed a Sheriff Officer to serve them or a Solicitor.
I telephoned a Solicitor who told me that I just needed to send them recorded delivery to the bank. So, that's what I have done.
I am awaiting a response.