cozzie v's the big boys

cozzie121 · 19th May 2006, 19:06

Hi all,

I sent my Data Protection Act 07/05 and received all documents 10 days later. I am away to put in my preliminary approach for payment but need to calculate the interest but am struggling to understand how the interest in calculated. I'll try figure it out at the weekend, tried using the template but was getting errors on it!

Also, if I calculate the sum total incorrectly can that affect my claim or is it better to get a ball park figure for which Lloyds TSB may correct for you, e.g I say they owe me £648 will they come back to me disputing that figure and say we believe it is £612 or is that them admitting liability?

Having read through everybody else's threads is it me or is TSB playing hard ball compared to other banks? nobody's case has been settled yet?

Away to start on Barclays, Barclaycard & awaiting Data Protection Act info from MBNA.

cozzie121 · 21st May 2006, 13:05

anybody?

jonni2bad · 21st May 2006, 13:10

There is often a lot of confusion regarding interest - not least because there are effectively 3 types that are referred to....

1) You can claim for the interest that the bank applied to your account solely due to the charges, i.e. NOT for general interest which occured simply because you had gone overdrawn.

This, in my book anyway, is more complicated to work out because you should ideally know what APR they charged you for general overdraft rates and for 'over limit' rates - unless, of course, you are one of the 'lucky' ones whose statements break this figure down for you.
I
t can also be argued that by not claiming this (possibly much smaller) figure, that you are allowing the bank an amount you consider IS proportionate to the costs it incurred dealing with your failed Direct Debit / Cheque etc etc.

If you had to face the enemy in court, you would at least have an arguement to show you have allowed for actual cost. Remember though, you do not have to give them it.....
The choice is yours........

2) If your case gets to the stage of court action, AND ONLY IF IT DOES, then you may claim 8% interest on each and every charge made - this is also from the DAY the charge occured.

Use the spreadsheet in FAQ section (or the new online calculator) which works this out for you - very simple indeed.

3) Additionally, we can finally complicate matters by sticking on interest on a daily basis from the time the court case is started until settlement.
There is also a calculation for this in FAQs.

If you don't understand these, it is VITAL that you spend more reading through the FAQ section. You are either about to, or have already started, a legal process to recover funds from a large financial institution - do not do so lightly - even if the evidence suggests that it is an easy process.

Good luck...!!

cozzie121 · 21st May 2006, 14:12

cool, thanks......i've been playing with the sheet and reckon I have a basic understanding of the interest, enough to argue my point anyway!

With regards to the ballpark figure and successful claims from Lloyds TSB, is there anybody out there with an answer?

jonni2bad · 21st May 2006, 14:21

If you make a reasoned attempt to decifer the interest part of the claim, then I'm sure you will be fine. If the banks want to provide the actual amounts (if different) then they can freely do so, as you suggest.

See survey results for info on sucess against them

cozzie121 · 8th June 2006, 11:47

Hi,

My initial request for refund of charges were for the past 6 years. I am now away to send the LBA but as I have fully read and now understand the requirements for scotland I am aware I can only claim for 5 years.

Should I change the amount for the LBA, if I do and Lloyds TSB refuse and I launch a small claims court action, would this change have a bearing on my claim?

Any help would be much appreciated.

Bookworm · 8th June 2006, 11:55

No, when it comes to putting in court claim, make sure your claim only covers the 5 years, they are not going to complain about you claiming less, now, are they...

PS: Please keep your questions and updates to the one thread per claim, it makes things to complicated to follow otherwise.

.

cozzie121 · 8th June 2006, 12:00

Many thanks,

I was slightly concerned that there would not be a consistent approach for refunds and the court may take that into consideration. You know how lthe legal system works.... the smallest inconsistency and the case is thrown out!

cozzie121 · 14th June 2006, 14:05

Hi,

I am currently waiting for a response to my LBA, expecting the same standard letter, blah blah blah.

What I am trying to do is prepare for the small claims court. I have read through the FAQ's and other threads and letters but am still unsure as to what to expect when I arrive on the day.

I'm looking for any help or information on the proceedings, what happens, do I have to say anything on top of the form that is filled in why you are requesting a court hearing. If Lloyds TSB defend themselves will I be expected to answer any questions from their solicitor.

Has anybody been through the process in Dundee or anywhere that could offer advice on the layout of proceedings.

I would prefer to stride in confident and prepared rather than feeling like a small fish battling the big sharks!

THREADS MERGED. PLS STAY ON ONE THREAD PER CLAIM. IT HELPS US, IT HELPS YOU. THANK YOU.

Bookworm · 14th June 2006, 15:35

Sorry, not sure here, but have you read through the great Scottish procedure guide Scotia has posted? Ok, it won't tell you exactly what you want, but it's a good start.

You may want to ask Scotia himself, he's really quite experienced and very very nice to all fellow Scots and even to the odd English one!

cozzie121 · 14th June 2006, 16:53

i've read through the info i have found, but i cant find anything thats sets out what i would call a schedule or agenda.

Sadly, brought up to be a boyscout, always be prepared!

cozzie121 · 20th June 2006, 21:14

"cough" bump

barracad · 20th June 2006, 21:19

If you look in the 'Guidance Notes' section there are a few threads in there which give overviews. They are geared towards the English Small Claims procedure but you may find useful information in there.

cozzie121 · 21st June 2006, 12:38

Thanks.......

To be completely honest, i think it would be very worthwhile to start a seperate thread on what happens in court in Scotland, for me, it is still very much a grey area and i'm sure there must be others who have the same questions.

I understand the forms I need to complete and submitting them but as I have asked before, what actually happens in court? Am I required to argue my case, or even speak? Do I have to answer any questions. There is a plethora of information on what the requirements are for claiming back charges but seems to dry up after either using forms 1a & 1b and getting your court date.

muirton · 21st June 2006, 12:55

Hey cozzie

Not sure if its much help, but was in Perth small claims a few years ago for my boss of the time. Sitting very terrified and judge was most helpful and let me know when I had to give info and basically judge dealt with other sides lawyer and before I knew it I had won. It wasn't nearly as bad as I expected.

I know its not the same, but if the judge is half as nice, you're laughing

fruitycar · 21st June 2006, 14:25

Quote:

Originally Posted by cozzie121

I understand the forms I need to complete and submitting them but as I have asked before, what actually happens in court? Am I required to argue my case, or even speak? Do I have to answer any questions. There is a plethora of information on what the requirements are for claiming back charges but seems to dry up after either using forms 1a & 1b and getting your court date.

take a look here:
http://www.scotcourts.gov.uk/sheriff...laims_2002.pdf

after tomorrow I will be able to give you a first hand account as I am due in court, see here:
http://www.consumeractiongroup.co.uk...read.php?t=986

cozzie121 · 30th March 2007, 12:43

ok....time for an update.

My LBA ran out on my birthday no less, 27/03. popped into my local sheriff court, managed to avoid the usual dundee junkies, ha ha, filed my claim in the civil office up the stairs.

The girl behind the counter was very helpful. It turns out the stencils posted on here are for different procedures, i suppose i should have read the instructions closer. The file 1a form is for launching an action against an individual and the form 1b is against an organisation. they are in the office now, getting process, waiting on my court date. Lloyds TSB havent given me the courtesy of a reply to my LBA yet either, now 3 days after it has expired. I never went through with the last LBA but definititely finishing this claim.

Lets see what happens. If all goes well, which i am hoping it will do, i will be starting again on my credit cards. Time will tell

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