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)


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  1. #1
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    Default Robinson vs Lloyds

    Hi everyone,

    I didn't find this site until i'd already posted a letter to the head office i think the letter i sent was the lbaicon, but just got a bog standard reply letter through the post with the ending "This is the Banks Final Response blah blah 6 month Ombudsmanicon" so i'm guessing all thats happened is that i missed a step.

    Now i'm claiming for £2258 so now i guess i have to run the spreadsheet and work out the interesticon for it.

    Also the letter is dated 10th August so therfore i'm guessing i have to wait 14 days before filing the moneyclaim.

    Cheers
    Steven

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  2. #2
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    Default Re: Robinson vs Lloyds

    Just one quick question, my account is about £740 overdrawn on a limit of £200 this is all down to charges implied to the account. Do i just proceed with the claim and any money that is claimed back will cover this amount?

    Cheers
    Steven


  3. #3
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    Default Re: Robinson vs Lloyds

    Hi Steven and Welcome ,
    I also stupidly missed a step at the beginning , same as you , but if I was up to this stage now what I would do is still send them another letter (at the end of the 14 days ) saying that you are prepared to give them another 14 days as a goodwill gestureicon .The reason for this is that you have to prove to the court that you have acted reasonably throughout and that a claim was a last resort .The court would look at 28 days as being a reasonable amount of time for you to try and settle this hence the reasons our 2 letters give 14 days.

    Do you mean your letter was dated 10th August or theirs ? as its you that sets the time limit , 14 days from your letter

    As for your overdrafticon , they can call this in at anytime but seen as they owe you more then your O/D if they try then you can write and tell them its in dispute .

    Your repayment will wipe out your O/D but this is then one debt less

    have you also opened another account so as they can't be taking even more charges from you with you being so O/D ?


    When you want to fool the world, tell the truth.

    Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
    doubts.

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    Default Re: Robinson vs Lloyds

    Cheers MJanet,

    Does anyone have an email address that i could submit a further letter to them if this is recommended.
    I mean that their letter was dated 10th of August, i sent them the letter on the 29th July. Yes i already had another account elsewhere with Barclaysicon so i'm using that one now.

    Regards
    Steven


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    Default Re: Robinson vs Lloyds

    I've just got the email address, any advice which letter to send them considering i missed the first one, i was thinking of just typing on up myself a fairly standard letter including a date i will begin court proceedings and at that time interesticon will be applied to the amount requested. Any advice?

    Cheers


  6. #6
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    Default Re: Robinson vs Lloyds

    Right i've decided against sending them another letter and allowing them to stall, i know people have different opinions on this but i've had the letter stating it's the banks final response therfore they have reviewed the situation and declined to do anything about it so i'm going to progress. And the other end of the stick is financial problems so the sooner i get this started the sooner it can get settled.

    Right here's my moneyclaim just want someone to check it over to make sure it's all present and correct.

    I have a contract with Lloydsicon TSB Bank PLC,
    conducted on their standard terms and
    conditions.I am claiming return of my money
    taken by the Defendant in the way of charges
    over the last 4 years totalling £2258. The
    charges are a disproportionate penalty and
    therefore unenforceable, being contrary to
    common law. Further, as a disproportionate
    penalty they are invalid under the Unfair
    (Contracts)Terms Act 1977 s.4 and the Unfair
    Terms in Consumer Contracts Regulations
    1999.Para8.and sch.2(1)(e).In the event that
    the charges are not a penalty then they are
    unreasonable within the meaning of the Supply
    of Goods And Services Act 1982 s.15. I have
    repeatedly asked the Bank to justify their
    charges but they have declined to do so. I
    claim interesticon of £266.25 under section 69 of
    the County Courts Act 1984 at the rate of 8%
    a year from 01/11/02 to 19/06/06. I therefore
    claim a total of £2524.25(£2258 + £266.25)
    plus interest at the same rate up to the date
    of judgement, or earlier payment, at a daily
    rate of £0.50.

    Cheers
    Steven


    Robinson vs Lloyds (29/07/06)
    LBA Sent (29/07/06)
    Standard Reply (01/08/06)
    FOS Letter Recieved (10/08/06)



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