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.
After months of reading the various forums ( CAG and MSE) I finally have decided to go ahead with persuing Lloyds on behalf of my husband for the appaling charges they applied to his account between 2002 and 2004.
So far things are going fine. I requested the copy of all charges and they responded after exactly 40 days! They deducted £10 out of my husbands account. Please be aware they missed off some later months, but as it happens I had kept the original statements. This may just be a genuine error or it could be a stalling tactic as had I not kept them I would have had to write back again... (Suspicious, moi!?)
I then sent my first request for a refund on 13/4/07 and am currently waiting for Royal Mail on line to catch up and confirm that my recorded
delivery letter has been delivered.
I have read the FAQ's and am about now ready for a fight!!
Thanks Barty- I am sure I will need help down the line. My biggest problem at the moment is Royal Mail! I posted my first letter asking for the charges back on the 13th by recordered delivery and bl**dy Royal Mail still haven't logged it as delivered yet! 6 days for first class delivery and counting...
Am banging my head against the desk...!
Bl**dy Royal mail! Posted 1st letter on 13th, only got delivered on 19th! lba due to go out on 3rd April, -I am not holding my breath for a response before then!
Well, I received my first sod off letter from Andover this morning. It seems to be a 'one size fits all' response, they refer to requests for copy statements (I have already paid, requested and received them) Guidelines on credit card charges (my claim is nothing to do with a credit card!) Concerns about 'sharing of information' -(I have never had any such concerns!)- Has anyone had the same letter?
Can Lloyds not even be bothered to match thier template response letter to the correct request..!!??
Dear Bleachyschick
Thank you for getting in touch with us. I am sorry you are unhappy about your account charges.
Like any business, we do make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment, this always means extra work - and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we can't agree it. We feel it's fair to charge for this service.
Of course it's only fair too, that we're completely open about any charged-for services before you might need them. That's why we take care to give every new customer the latest guide to our charges. You can also get up-to-date details about fees and borrowing rates at all our branches, through our helpline and on our website.
Just as importantly, we do everything we can to help our customers avoid these charges. You can get an up-to-date balance at any of our cash machines, over the phone, on line and by weekly text to your mobile.
If you know a payment is going to take you over your agreed limit, you're welcome to see if there's anything we can do.
The Office of Fair Trading has published new guidelines on credit card default charges. We're still talking it through with them, but the important point is that the guidelines are about 'default' charges that people pay when they break an agreement with us. This doesn't apply to your charges as these were for dealing with your request to go over your agreed overdraft limit. They are not default charges because you haven't broken your agreement. They are our prices for the service we provide in these situations.
I understand that you may also have some concerns about us sharing information about your relationship with us with the credit reference agencies we use. I'd like to reassure you that this does not apply to bank charges; we only share what is known as white data, which is information about payments to your credit card, loan or mortgage accounts.
I do hope you can see that we make our charging system as fair as possible - and why I can't agree to cancel your charges.
If you have asked for copy statements and paid the fee, we'll send them to you
within the 40 day limit set by the Data Protection Act. .
If you have not yet sent the £10 fee you will need to send it to us at the address below. The 40 day limit starts from when we receive your payment. Please quote the reference number shown above when you send your cheque to us.
Statement Request Lloyds TSB Bank Plc
Customer Service Recovery Centre Charlton Place (C25)
Andover
Hampshire
SP101RE
I hope this fully answers the points you raised with us. Please let me know if there is anything else I can do to help. If we cannot come to an agreement, I will provide
you with details of the Financial Ombudsman Service so they can consider your complaint independently.
If you.are happy with the way I have dealt with your complaint, there is no need for you to reply to my letter. If I have not heard from you by the 20 Jun 2007 I will closemy file, though of course I will re-open it should you come back at any point afterwards.
Yours sincerely,
Debbie Gilbert Team Manager
Customer Service Recovery Centre Andover
The story so far...
28-2-07 Copy statements requested
10-3-07 (Partial) Copy statements arrived
13-3-07 Prelim request for refund posted (recorded delivery)
19-3-07 Royal mail finally get round to deliving Prelim letter
01-05-07 First 'sod off' letter received from Lloyds
4-05-07 LBA sent out
Nasty Lloyds couldn't bother to respond so....
25-5-07 MCOL submitted
30-5-07 Claim issued
27-6-07 Defence filed
09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)
16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure
Help!! I am just sending my schedule of charges in support on the mcol I have just submitted. Should I send it to the Northampton address or my local court???
The story so far...
28-2-07 Copy statements requested
10-3-07 (Partial) Copy statements arrived
13-3-07 Prelim request for refund posted (recorded delivery)
19-3-07 Royal mail finally get round to deliving Prelim letter
01-05-07 First 'sod off' letter received from Lloyds
4-05-07 LBA sent out
Nasty Lloyds couldn't bother to respond so....
25-5-07 MCOL submitted
30-5-07 Claim issued
27-6-07 Defence filed
09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)
16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure
The story so far...
28-2-07 Copy statements requested
10-3-07 (Partial) Copy statements arrived
13-3-07 Prelim request for refund posted (recorded delivery)
19-3-07 Royal mail finally get round to deliving Prelim letter
01-05-07 First 'sod off' letter received from Lloyds
4-05-07 LBA sent out
Nasty Lloyds couldn't bother to respond so....
25-5-07 MCOL submitted
30-5-07 Claim issued
27-6-07 Defence filed
09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)
16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure
Can anyone give me an idea how long it takes to get a court date after the MCOL has been submitted? I am just wondering if I should be starting to produce my bundle now or wait a bit...
The story so far...
28-2-07 Copy statements requested
10-3-07 (Partial) Copy statements arrived
13-3-07 Prelim request for refund posted (recorded delivery)
19-3-07 Royal mail finally get round to deliving Prelim letter
01-05-07 First 'sod off' letter received from Lloyds
4-05-07 LBA sent out
Nasty Lloyds couldn't bother to respond so....
25-5-07 MCOL submitted
30-5-07 Claim issued
27-6-07 Defence filed
09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)
16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure
Hi
It all depends on how busy your local Court is, it could be a few weeks or several months away.
I wouldn't print anything out yet, but there is nothing wrong in having a good look at it so you know what it entails.
Barty
Quick update...
Submitted MCOL on 25/5/07 and backed it up with a letter to the Court Manager attaching my schedule of Claims.
The Claim was 'Issued' on the 30/5/07 and was 'deemed served' on the 4/6/07 giving Lloyds until the 18th June to do something about it.
I am peeved that Lloyds have not even bothered to write to me since my initial refund letter ( and even then the response was a standard 'bog off- one-size-fits-all' typeletter) I got nothing after my lba and nothing since.. I am beginning to think they don't care... (HHMMMM!!!) lol
The story so far...
28-2-07 Copy statements requested
10-3-07 (Partial) Copy statements arrived
13-3-07 Prelim request for refund posted (recorded delivery)
19-3-07 Royal mail finally get round to deliving Prelim letter
01-05-07 First 'sod off' letter received from Lloyds
4-05-07 LBA sent out
Nasty Lloyds couldn't bother to respond so....
25-5-07 MCOL submitted
30-5-07 Claim issued
27-6-07 Defence filed
09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)
16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure
Ooooh I am getting excited!- no news on Lloyds acknowledging or defending my claim yet...
Only 7 days to go...
The story so far...
28-2-07 Copy statements requested
10-3-07 (Partial) Copy statements arrived
13-3-07 Prelim request for refund posted (recorded delivery)
19-3-07 Royal mail finally get round to deliving Prelim letter
01-05-07 First 'sod off' letter received from Lloyds
4-05-07 LBA sent out
Nasty Lloyds couldn't bother to respond so....
25-5-07 MCOL submitted
30-5-07 Claim issued
27-6-07 Defence filed
09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)
16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure
Lloyds have acknowledged my claim today ( Lloyds are getting a bit quicker it would seem- they still had 4 days to go...)
Anyway- I guess I should expect a defence by the 3rd July. Clock is ticking...
The story so far...
28-2-07 Copy statements requested
10-3-07 (Partial) Copy statements arrived
13-3-07 Prelim request for refund posted (recorded delivery)
19-3-07 Royal mail finally get round to deliving Prelim letter
01-05-07 First 'sod off' letter received from Lloyds
4-05-07 LBA sent out
Nasty Lloyds couldn't bother to respond so....
25-5-07 MCOL submitted
30-5-07 Claim issued
27-6-07 Defence filed
09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)
16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure
Lloyds have defended the claim today so I assume the case will be transfered to my local court and a court date will be given... BRING IT ON! (has anyone got T & C's from Jan 1998 they can send me for my bundle?)
The story so far...
28-2-07 Copy statements requested
10-3-07 (Partial) Copy statements arrived
13-3-07 Prelim request for refund posted (recorded delivery)
19-3-07 Royal mail finally get round to deliving Prelim letter
01-05-07 First 'sod off' letter received from Lloyds
4-05-07 LBA sent out
Nasty Lloyds couldn't bother to respond so....
25-5-07 MCOL submitted
30-5-07 Claim issued
27-6-07 Defence filed
09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)
16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure
You will should shortly receive a copy of their defence (check it's the standard 9 point one) and you may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one: http://www.consumeractiongroup.co.uk...ionnaires.html
Received notice yesterday that my case has been transfered from MCOL to my local Court and that a MCOL judge recommends that the aq is dispensed with. Does any one know if I have to wait for mny local Judge to confirm this or is it a certainty now? I will phone the court shortly to see if an AQ payment is still required.
Along with the document was the boring old 9 point defence from Lloyds-no surprise there then.
The story so far...
28-2-07 Copy statements requested
10-3-07 (Partial) Copy statements arrived
13-3-07 Prelim request for refund posted (recorded delivery)
19-3-07 Royal mail finally get round to deliving Prelim letter
01-05-07 First 'sod off' letter received from Lloyds
4-05-07 LBA sent out
Nasty Lloyds couldn't bother to respond so....
25-5-07 MCOL submitted
30-5-07 Claim issued
27-6-07 Defence filed
09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)
16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure