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I am currently at the stage of counting up my charges which include Service Charges, Unauthorised Borrowing Fees, Unpaid Items Fee, interest and Account Charges.
Am I correct in thinking that I can put a claim in for everything except the Service Charges. By the way this is for a Business Account that I had up until mid 2002.
Sorry, I have just read Claire V ltsb and the question is answered. According to that a Service charge should be recovered if it is not for a special service.
Thinking about it though, is this not the charge for running the account (which I may have agreed to)?
I think you had better check with the bank about the service fees, it does sound like something you may have agreed to!
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
Do you have a 'special' current account e.g. Select/Gold Service/Platinum - if so it is probably the monthly fee for the privilege of having this 'special' account and these charges therefore can't be reclaimed.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
I would assume then that these are not reclaimable, just go ahead with climing the rest of the charges back ok?
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
Having thought about it, I think I might go ahead and try and claim them. The main reason is that, up until 13/11/2001, they varied, ranging from £8.55 per month to £2.55. After 13/11/2001 they settled at £2.50 per month.
I appreciate that if you have 2 accounts you should pool your claim but is this the same for a Business Account and a Personal Account with two different branches?
Hi
From what i have read here you can send one DPA request for more than one account with the same Company i.e. a bank account and a credit card account with Lloyds for instance, i can see no reason why it would make a difference it being business or personal as long as it is in your name.
Regards
adamski
Lloyds TSB (SARS) request sent 9th June 2006
£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267 MBNA SETTLED IN FULL 15/09/2006 £829 Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
GE MONEY SETTLLED IN FULL £400
Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
Welcome Finance PPI 2 accounts one settled £1018 waiting on other
GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
Lloyds TSB PPI CC complaint sent 10/04/2008
Black Horse PPI with FOS 20/05/2008
HFC PPI complaint sent 22/05/2008
Thanks Adamski but I have already got a Data Protection Act response for my business account, still waiting for the personal data. Once I have both sets of information, should I pool the claim?
Im not sure as a business account is in a business name so i am really not sure, maybe a mod or site helper can anwser this one more confidently.
Regards
adamski
Lloyds TSB (SARS) request sent 9th June 2006
£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267 MBNA SETTLED IN FULL 15/09/2006 £829 Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
GE MONEY SETTLLED IN FULL £400
Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
Welcome Finance PPI 2 accounts one settled £1018 waiting on other
GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
Lloyds TSB PPI CC complaint sent 10/04/2008
Black Horse PPI with FOS 20/05/2008
HFC PPI complaint sent 22/05/2008
Personally I would keep them seperate. When it reaches court you would need to split them anyway as you can't rely on consumer law for the business account.
Also if it is a Limited Company you would not be entitled to make a claim in a personal capacity - only the company would be able to initiate a claim.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
I am in the process of making my claim and have just received the information I requested from Lloyds TSB using the standard Data Protection Act template. However the statements, which go back to 23/5/00, stop at 4/9/01 and revert to pages entitled "View Statement Entries". These pages detail just the Charges and Fees for each statement sheet between 23/8/01 and 3/7/06 but no details of balances at the date of the charge.
1. Can I insist on a full statement for each period (the list covers 121 statement numbers)?
2. How can I work out my interest on interest?
3. Can I claim back additional sums for having to deal with this ineptitude on their part?
1. Yes, you most certainly can. However, have a look how the S.A.R - (Subject access request) was worded, if it ask's for a 'complete list of transactions and charges', then technically they may have complied with your request? If you want the full statements you may have to make a new one.
2. interest on interest is quite complicated and personally I don't bother, as the amount would'nt be worth the brain ache of working it out. If its a large claim though or if there are a lot of charges from quite a few years ago, then it may be worth it and there is a spreadsheet to help you in the templates library.
3. There has been some debate on this recently and I think the general consencus is no. This is becouse most of these claims are dealt with on the small claims track, where costs are not generally awarded to either party. Having said that though, I think it is at the judges discretion and besides, its highly unlikely that your claim would get that far. If they wanted to settle then it has to be for the full amount of your claim whatever it may be, or else you are not obliged to accept.
A better alternative though would be to claim contractual interest. Have a good read of the threads on the subject that can be found in the 'General' forum.
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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
1. The actual wording of my S.A.R - (Subject access request) was as the template says; "Please supply me with a complete list of transactions and charges relating to my bank account since 4th June 2000. Alternatively, a complete set of bank statements for that period will be acceptable."
2. My interest on interest is only the interest calculated in the standard spreadsheet. However, it needs the balance at the date of the charge. In my case, between 23/8/01 and 3/7/06 there is no balance as the entry only shows date, amount, reason. For example:
3. If I have to work out the balance because they cannot provide it would an independant person consider that I can add this to my initial claim amount as reasonable work expenses?
Obviously you don't want to wait another 40 days, so try to contact them and get the full statements sent under the origional S.A.R - (Subject access request). If they don't play ball however, I don't really think you would be in a position to actually enforce it, becouse the request did'nt actually ask for the full statements. If you do really need them, you could send a new SAR (with the wording changed to request full statements) ASAP so if they don't co-operate at least you'd have it to fall back on.
With regard expenses/costs, as I said before there are conflicting opinions on the issue and ultimately, it would be at a judges discretion. If you do claim them, ensure that the amount you claim is quantifiable, reasonable and transparant. Include the figure for expenses in your prelim and lba say that a Breakdown of the costs is availible on request. Remember however, that it is becouse costs are not (generally) awarded on the small claims track that ensures the process of bringing litigation against the banks is so (reletively) risk free. I, for one, would not feel anywhere near as confidant if this safeguard were not in place. If you feel you should be re-imbersed for your time and effort, you may be on firmer ground by claiming interest at the banks own contractual rate. First though, you should be sure you are aware of the logic and issues involved. Theres loads of information availible on these issues in the general forum. See these threads - 'Whats your time worth', 'A new way of looking at interest', and 'Why is nobody claiming contractual interest?'
Please remember to DONATE! Help CAG keep up the fight!
Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
First of all I have looked around the site for answers to this so please forgive me if it has already been covered (no doubt numerous times).
When using the standard letter for a preliminary approach for repayment, and when quoting "plus £xxx.xx which you have charged me in overdraft interest for the sum which you have taken", what exactly is this amount. I have been using the Excel spreadsheet to calculate my costs and I find nowhere that calculates this - unless it is any and all interest.
1.When you go overdrawn the bank will charge you interest, perfectly lawfully.
However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.
Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this
It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother
This is the interest referred to in the preliminary and lba letters.
2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim
AndyGFLees v Lloyds
and Account Charges.
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Missing Balance Figures from DPA returns
