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As this is my first post, I'll briefly introduce myself. My real name is Graeme (the Shed Man name is a long and boring story!), I live in Edinburgh and I'm claiming back charges from Lloyds TSB in High Wycombe, though of course I'm dealing with the CSRC in Birmingham now.
My problem is timing. I started this whole process in the middle of August and as you all know, it takes some time. I got my Data Protection Act information very quickly, I have to say they were very helpful. Then I put in my request for repayment on August 28th, after which I got their bog standard "the charge is for a service, not a penalty and this is our final response" letter. I responded, quoting examples found in these threads, stating that the charge is a penalty and therefore illegal. Today (October 23rd) I received a brief response saying "As we've already given our final response, we will not be entering into any further correspondence on this matter". OK, I was expecting something like that and my next response should of course be a letter before action. However, I'm going to South Africa on November 28th and will be there for seven weeks, returning to the UK on January 18th 2007, which means I won't be here to deal with any responses they may give. Is there a deadline for sending in the LBA? The best option for me would be to send the LBA when I return to the UK but I'm worried that if I don't respond straight away I may fall foul of some legal requirement for response times. If I send the LBA now and they respond within the 14 day deadline, that would only leave me two weeks to sort everything out and I know it's likely to take far longer than that.
Any advice and suggestions would be greatly appreciated.
I'd advise doing it when you get back. You could just say you gave them more time to "reflect" their position. As far as I know, there are no time limits Before you start legal action.
On the other hand and if you time it correctly, you could send the lba just before you go. You could fill in the Money Claim forms and pay by card after the 14 day deadline. The bank has 28 days to respond to this and enter a defence. That way you would avoid all the waiting. Lloyds TSB usually file their defence at the last minute (usually the 28th day). BUT, if they file their defence early, and you get sent an AQ (Allocation Questionnaire) whilst your away, you only get a two week deadline to return it by. If it isn't returned by then, the case may be struck out.
Thanks for your reply 121, you've definitely made up my mind for me, I'll send the lba when I get back. It's a good point about sending it before I go away, it would be nice to know that the wheels were in motion before I go, but if there's even the remotest chance that the case could get struck out, that's not a risk I'm prepared to take. Thanks again, your reply was very helpful.
Times and deadlines for claim against LTSB
TSB in High Wycombe, though of course I'm dealing with the CSRC in Birmingham now.
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Re: Times and deadlines for claim against LTSB
