Thread: Virus vs Lloyds TSB

Hi guys.

Today is the day. I have statements going back a couple of years, but I probably incurred bank charges as far back as 8 years on this account, so I am using the Subject access request letter first of all. I know there is believed to be a 6-year limit, but I will see what I can achieve.

I have one question as looking throuhg the FAQs I could not see anything specific on this. I set up my account while I was at uni, which was in Edinburgh. I know Scottish law can be different, so is there anything vital I should be aware of that might affect the course of events? I reside in England.

I will be posting my S.A.R - (Subject access request) - (Subject Access Request) letter tomorrow.

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• Virus vs Lloyds TSB

Well, they took their time, but spot on the 40 days limit an evelope arrived today, with statements going from Jun 00 until Sep 01. Already I have identified 3 bank charges. Whether they are sending more recent statements I am unsure, however I have copies of everything from that date forward anyway.

I opened my account in 95. So I guess they are forgetting about anything previous to Jun 00 - exactly 6 years.

I just added up the charges...£390 in the last 6 years. Thats probably not much for some of you guys but its money I could do with right now.

One week on and I have received the standard 'how to voice your concerns' leaflet with accompanying letter.

I will send the lba in 1 week unless they comply.

Good Luck

Hi Virus,

Sorry, looks like you've been a bit ignored so far! Its not personal, just give your thread a bump every now and again if you've got a question that needs answering.

With regards to your first post, yes, there are slight differences in Scotland. The statute of limitation allows 5 years for claims to be made, wheras in England its 6 years. That said, I don't think that would apply to you as you now reside in England. As your case would be assigned to an English court, I'm pretty certain the English law would apply. Carry on as normal, unless someone else can correct me.

Good luck, and don't be put off by their bulls**t

I used the Customer Care Centre address, if I remember right, but any registered business address for Lloyds TSB will do - even a branch address.

Yes, you can add penalty charges you may have missed or been charged over the 28 days you sent the first two letters to your Moneyclaim online. Lloyds will receive a copy of your claim filing, which will list the details in any case

It may be worth sending them an updated schedule of charges however - the courts may wish to see a copy too, but for that matter I didn't send Lloyds or the court a copy of my schedule of charges. However, SCM, Lloyds solicitors, tend to pick up on any minor point such as this - so it'd be worth your while doing so.

Excellent, cheers reload.

Latest info:

12/9/6 Moneclaim filed
21/9/6 Notice that acknowledgement of service has been filed, Lloyds will enter a defence. 28 days to go!

My band: www.myspace.com/viralessence ;-)

Going great so far!

I received a copy of the defence and the Allocation Questionaire in the post on Friday.

The Defence is fairly standard looking at the words, having seen them before in their letters to me.

Point 2 however says:

2. The Defence is served without prejudice to the Defendants contention that the State of claim is insufficiently particularised and is embarrassing. The Defendant reserves the right to plead further to the Statement of Claim once they are sufficiently particularised.

I am guessing that I should send a copy of my schedule of claim in with the Allocation Questionaire. Or possibly I should send a copy to their solicitors Sechiari Clark and Mitchell directly?

To both of them?

Today I just recieved a Notice of Allocation to the Small Claims Track (Hearing). Date is set for 7th Feb....that seems ages away. Lloyds have until 18th Dec if they wish to serve an amended defence in response to my aq.

Have you got directions?

Just checking back on the site to see how things are going. As yet I haven't received any further contact from anyone and I was wondering how soon before the court case I should expect a settlement offer if they are going to make one.

I am currently just going through the threads to see what is happening to others and I gather from the new SC&M court bundle non-compliance sticky that I should have recieved documents from the solicitors. I submitted my aq and received a copy of theirs shortly after, just after my previous post.

For some reason I didnt get an email notification from your reply GaryH

Originally Posted by GaryH

Have you got directions?

[edit] Looking at the Notice of Allocation, it does state 'Every party shall deliver to every other party and the corut office documents (including experts' report) on which he intends to rely at the hearing no later than 18 Dec 06. Originial documents to be brought the hearing ' etc. I sent in my schedule of charges and copies of letter etc to the court, however not to the solicitors, as other advice I read stated that this wasn't a requirement. Could this cause me a problem?

Since I began my action I have received 3 further charges. Another letter arrived today after my employer failed to pay me correctly 2 weeks ago and a standing order defaulted.

I have read some very encouraging news today

You need to submit a court bundle to the court and SC&M as quick as you can.

You need everything from the Basic Court Bundle from the templates library, all correspondence between you and Lloyds, your statements or account information, a schedule, a transcript of the interview with Peter McNamara BBC radio -Sept 2004- sound file & transc, and edit this to suit your claim and add it to your bundle too - GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!.

You need 3 copies ofeverything. File one at the court, serve one to Lloyds sols and keep one for yourself (this should include the originals).