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Hi. My wife and I are considering whether we should attempt to reclaim £450 of overdraft excess fees over the last two years from Lloyds TSB. I have a letter and all my figures prepared, but I have to ask: Has anybody actually been to court yet? Since we need to be prepared to go all the way, do we
a) need a solicitor and
b) how do we state our case? What evidence do we need etc?
I can't find any info on preparing yourself for ultimately going to court.
Thanks Empire Strikes Back (my fav Star Wars movie by the way). I read all the FAQ and couldn't find any info on actually going to court. Then I found the 'library'. Cheers! Apparently, only one bank has actually gone to court. Is there any info on this anywhere?
It's in the Natwest forum I think - the user name was 'Henry' I think.
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that is the defence Lloyds are useing against me (sevice charge ,did not break contract) will have to find and read the T&C of lloyds and find out where i have broke it
But is that even a defence? Should we have to be in breach of contract in order for their defence to collapse? Even if this is not the case, then they are arguing that they are profiteering from us being overdrawn by applying a 'penalty' for being overdrawn beyond the agreed limit. However, penalty charges are irrecoverable at common law - The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses.
What the bank is essentially arguing is that we have signed a contract that waives their obligation to conduct themselves within the confines of the law - "you, the undersigned, agree that if you exceed your agreed overdraft limit, we are allowed to penalise you £30". We cannot sign away our legal rights, their contract may just as well read "...we are allowed to execute you." Even if we had signed a contract that made our lives forefit in the event of going overdrawn, the bank would still be committing a crime.
I would be interested to know how people are preparing for upcoming court battles with Lloyds TSB.
Has anyone actually been in court yet?
excess fees over the last two years from Lloyds
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