Lloyds TSB .v. Wethers (the re-match)

**Wethers82** · 15th September 2009 10:08

Hi all,

About 3 years ago I made a claim to regain my bank charges from Lloyds icon

TSB which stood at £800, however despite visiting court in which Lloyds TSB failed to turn up (surprise, surprise), they offered me settlement of £700 in which I rejected. However they still paid this money into my account with out my permission and due to lack of time to follow this up with the small claims courts, my claim ended. This still left me £100 in my overdraft icon

.

Despite informing them both in my claim letters, Lloyds TSB form in the post and verbally over the phone of my change of address, they have continued to send my statements to my parents address (my old address). Upon picking these up I have noticed that they have started to grow and I now have an excess of £1,500 worth of charges!

I'm absolutely bewildered by their actions and find this to be an asinine attempt to regain the money that I originally claimed.

I have looked on the fos icon

website and seen that you can now launch your complaints with them and that approximately 81% of these are being accepted. Do you think this will be a better approach to reclaiming my charges and are there any templates for writing to the ombudsman?

Your help always appreciated,

Many Thanks

**BankFodder** · 15th September 2009 10:42

There are no charges related complaint is going to the Ombudsman icon

which are being approved. They are all being stayed.

We all awaiting the outcome of the House of Lords OFT test case and we hope the judgement will be handed down in October. However that may not be the end of the matter because there is still the issue of fairness of the charges. This is a matter for the OFT and the historical fairness could still be challenged by the banks in the courts.

You should certainly start claiming all of your charges back and you should do it now. Don't go to the ombudsman, do it through the courts. Assemble all your charges information icon

. You can claim all way back to 1995. Then fill out a claims form -- you can find a template on this site -- and file it with the court. Although the claim will be put on hold, when they are taken off hold then yours will be towards the front of the queue. Furthermore you will be certain at least of getting 8% statutory interest icon

which is a very good rate at the moment for you. Even better if you want you can claim for restitutionary damages icon

which will mean that you are asking the court to order that the bank had is overdue all the profits which they have made on your charges while they have had them in their possession .

Lloyds icon

are too stupid to adjust their records to reflect your new address . I suggest that you send a letter of complaint to the information Commissioner. It will only take you 10 minutes or so that it will eventually have an effect. If the incorrect address to your parents home is really causing a problem for you or your parents then you should threaten Lloyds with a court action for breach of the data protection act. Include a claim for DPA breach with your charges claim and put them through all the same time

**Wethers82** · 15th September 2009 13:45

Thanks for this

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