Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default New Claimant - just a couple of quick qns!

    After reading numerous victories against Lloydsicon I thought I'd give it a go and tyr and reclaim all of my bank charges since i opened my account in 2005.

    I just have a few questions if someone could spare a moment or two?
    1. From my statements I have two lists; one of unpaid/returned chq's/DDs and SO's and another of unplanned OD Fees. The first list equals £870 and the second equals £737. Am I able to reclaim for both the returned items and the unplanned OD Fees or just the returned items? (hopefully both!!)
    2. I currently have a £300 overdrafticon facility with lloyds, of which I probably use £100 of it. Has there be any cases where overdrafts have been removed in spite/revenge of someone putting in a claim for the bank charges?
    Many thanks for your help.

    RC


  2. #2
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    Default Re: New Claimant - just a couple of quick qns!

    1) Yes you can claim
    2) Prior to the OFT test case announcement, yes. Since then it could be seen to be a punitive measure and is against the fsa waivericon on Bank Charges


  3. #3
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    Default Re: New Claimant - just a couple of quick qns!

    Quote Originally Posted by rcholmes View Post
    After reading numerous victories against Lloydsicon I thought I'd give it a go and tyr and reclaim all of my bank charges since i opened my account in 2005.

    I just have a few questions if someone could spare a moment or two?
    1. From my statements I have two lists; one of unpaid/returned chq's/DDs and SO's and another of unplanned OD Fees. The first list equals £870 and the second equals £737. Am I able to reclaim for both the returned items and the unplanned OD Fees or just the returned items? (hopefully both!!)
    2. I currently have a £300 overdrafticon facility with lloyds, of which I probably use £100 of it. Has there be any cases where overdrafts have been removed in spite/revenge of someone putting in a claim for the bank charges?
    Many thanks for your help.

    RC
    Hi RC

    As yourbank quite rightly says, an act of such a retaliatory nature is against the fsa waivericon, however, LTSB do still carry out such acts.

    After putting in a large claim for refund of charges, they closed my account stating that in doing so they were helping my situation as there would be no further charges or interest - I have now reported them to the FSA.

    I haven't come across anyone else here that has been penalised in this way, so I believe that it is still probably quite rare for them to do this and as your claim is relatively small, they are unlikely (in my opinion) to exact their vengeance on you in this way.

    BankFodder recently started a discussion on claiming back overdraft interest - it is more complex, but perfectly possible, although not recommended by all.

    Go for it and keep us posted on your progress - there is always someone around to offer advice and support

    Regards,

    Landy x

    LTSB PPI on various loans (current/settled) - Refunded inc 8%

    MBNA 1 Charges - Refunded inc CI

    MBNA 1 PPI - Refunded

    MBNA 2 Charges - Refunded inc 8%

    MBNA 2 PPI - Refunded

    MBNA 2 Accident Ins - Refunded

    Swift Advances (settled) Mortgage Charges -Partially refunded

    Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

    Sainsburys (settled) Loan PPI - Refunded inc CI +8%

    Sainsburys (closed) Card Charges - Refunded inc CI + 8%

    M&S Money (closed) Card Charges - Refunded inc CI

    M&S Money (closed) Card PPI - Refunded inc 8%

    Direct Line (settled) Loan PPI - Refunded inc CI + 8%

    Debenhams Card (closed) PPI - Refunded inc 8%

    Swift Mortgage Charges -Refunded

    Hitachi Finance (closed) Charges - Refunded

  4. #4
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    Default Re: New Claimant - just a couple of quick qns!

    Hey there,
    Firstly YES you can look to claim back both unplanned O.D fees & returned items + any interest relating to the unplanned overdrafticon fees.
    2nd NO they wont take away your O.Draft facility, however in saying that I do know that if you have an O.Draft that you only use x amount of they may when youre due your review recieve a letter stating that as you only ever use xxx amount then we are going to put your O.Draft at that set amount....however if you prefer to have that amount even though you dont use it, you know having it there as a safty net should you need it. All you have to do is call and say you wish it to remain the same as it has always been then they can leave it at that for you.
    PUTTING IN YOUR CLIAM....
    now you've got your statements use a highlighter to mark out the charges, then write a cover letter-which can be as long or as short as you like, and send it to= lloydstsbicon PLC, BOX 1, BX1 1LT.
    You''ll then recieve a letter telling you that they will place your request on hold untill the outcome of the pending courts decision, but this is the same for everyone regardless how much, or how you bank with.

    DEAR SIR/MADAM
    ACCOUNT NO XXXXXXX
    I'M WRITING TO REQUEST THAT YOU REPAY ALL THE DEFAULT CHARGES THAT HAVE BEEN APPILED TO MY ACCOUNT DURING THE PAST xxx YEARS. I DO NOT BELIEVE THESE CHARGES REFLECT THE TRUE COST TO LLOYDS BANKING GROUP FOR GOING INTO UNPLANNED OVERDRAFT AND HAVING ITEMS RETURNED TO MY ACCOUNT.
    THE CHARGES TOTAL xxxxx. I BELIEVE THAT I HAVE BEEN DEPRIVED OF THIS MONEY AND THEREFORE ASK THAT YOU REPAY ME THE FULL AMOUNT. PLEASE FIND A FULL SCHEDULE OF THE CHARGES ENCLOSED.
    I LOOK FORWARD TO A FULL RESPONSE TO THIS LETTER WITHIN 14 DAYS.
    YOURS FAITHFULLY


  5. #5
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    Default Re: New Claimant - just a couple of quick qns!

    Quote Originally Posted by *WelShIeGaL* View Post
    Hey there,
    Firstly YES you can look to claim back both unplanned O.D fees & returned items + any interest relating to the unplanned overdrafticon fees.
    2nd NO they wont take away your O.Draft facility, however in saying that I do know that if you have an O.Draft that you only use x amount of they may when youre due your review recieve a letter stating that as you only ever use xxx amount then we are going to put your O.Draft at that set amount....however if you prefer to have that amount even though you dont use it, you know having it there as a safty net should you need it. All you have to do is call and say you wish it to remain the same as it has always been then they can leave it at that for you.
    PUTTING IN YOUR CLIAM....
    now you've got your statements use a highlighter to mark out the charges, then write a cover letter-which can be as long or as short as you like, and send it to= lloydstsbicon PLC, BOX 1, BX1 1LT.
    You''ll then recieve a letter telling you that they will place your request on hold untill the outcome of the pending courts decision, but this is the same for everyone regardless how much, or how you bank with.

    DEAR SIR/MADAM
    ACCOUNT NO XXXXXXX
    I'M WRITING TO REQUEST THAT YOU REPAY ALL THE DEFAULT CHARGES THAT HAVE BEEN APPILED TO MY ACCOUNT DURING THE PAST xxx YEARS. I DO NOT BELIEVE THESE CHARGES REFLECT THE TRUE COST TO LLOYDS BANKING GROUP FOR GOING INTO UNPLANNED OVERDRAFT AND HAVING ITEMS RETURNED TO MY ACCOUNT.
    THE CHARGES TOTAL xxxxx. I BELIEVE THAT I HAVE BEEN DEPRIVED OF THIS MONEY AND THEREFORE ASK THAT YOU REPAY ME THE FULL AMOUNT. PLEASE FIND A FULL SCHEDULE OF THE CHARGES ENCLOSED.
    I LOOK FORWARD TO A FULL RESPONSE TO THIS LETTER WITHIN 14 DAYS.
    YOURS FAITHFULLY
    Hiya

    Thank you all for your input so far! Do I include copies of the statements in with my letter?

    Having read a number of threads on here and having read items on the lloyds website that say they are putting all claims for charges on hold until after various appeals, I was just wondering if anyone had had any succes in offering discounts on settlements to the bank and if this is a viable option (and recommended)? i.e. if you settle within 10 days i will accept a settlement of £xxxx.xx which is 75/80/90% of the total amount.


  6. #6
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    Default Re: New Claimant - just a couple of quick qns!

    Thank you all for your input so far! Do I include copies of the statements in with my letter?
    You can (copies,never originals) or a Statement of charges is easier.

    Use the Simple S/S here:

    http://www.consumeractiongroup.c o....eadsheets.html



    When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

    If you delete all the existing examples, you will also delete all the formulas for calculating the 8% interest.

    Once you have entered all your info onto the sheet, all you need then do is to delete what info is not yours.

    The days since and 8% will be calculated automatically

    Save it and print out as your schedule of charges.

    I was just wondering if anyone had had any succes in offering discounts on settlements to the bank and if this is a viable option (and recommended)? i.e. if you settle within 10 days i will accept a settlement of £xxxx.xx which is 75/80/90% of the total amount.
    I've never seen any successful instances. They'd rather pay 0% now and 100% later at the conclusion of the OFT test case



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