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.
I've just taken the first tentative steps. Sent the Subject access request letter on 25th May,2007.
I'm applying for the records of both my personal and business accounts. Looking back on the internet banking for early 2005, when my business was sick, Lloyds regularly were helping themselves to about £400 per month!
Unfortunately, I didn't start the Internet Banking early enough so my records don't go back far enough via this medium, I'll just have to wait the 40days.
I only have 3 questions, which I have tried to research before asking, but I can't find a satisfactory explanation.
1) Can someone please explain what "contractural interest" is and whether it is worth claiming?
2) What's all this about "Hull Strikeout Orders - 4th July"? Does this mean I've missed the boat? I feel the banks are going to close this down and need some reasurance it's still worth it.
3) It is extremely likely that the claim on my personal account alone will be in excess of £5000, will this cause a problem going through small claims court, and does this mean my cost in bring this action are going to be greater?
Hi Matt
For the Contractual interest, have a read here: http://www.consumeractiongroup.co.uk...-claiming.html
I wouldn't claim CI myself, but that is my personal opinion. You must be confident you can explain the facts about CI if it comes to Court.
With regard to my personal account, I've checked back on the internet and have records going back to 6/02, then had a dig arround the office and came up with the remaining statements. It now looks like I have enough info to start with this claim.
I've completed the spread sheet and the figures look like this:
Charging Period 12/06/2001 to 09/05/2007
Total charges £5,606.50
Total interest @ 8% £999.57
With regard to my personal account, I've checked back on the internet and have records going back to 6/02, then had a dig arround the office and came up with the remaining statements. It now looks like I have enough info to start with this claim.
I've completed the spread sheet and the figures look like this:
Charging Period 12/06/2001 to 09/05/2007
Total charges £5,606.50
Total interest @ 8% £999.57 Total Contractual Int @ 29.8% £3,725.67
Total £6,606.07 or £9,332.17
Though the Contractual Interest is obviously very tempting, I'm not convinced that it is the best way to go. Whatever happens I will not qualify for the small claims court and I'm not sure I could answer questions, from a determined Judge, with enough conviction.
I have a couple of questions though:
1) This is a joint account with my wife, do we both have to sign all correspondence and do we have to jointly take them to court?
2) When compiling my evidence will printouts of the internet statements suffice and do they have to be all the statements or just the ones outlining the charges?
1) Providing you have sole authority on the account, eg. cheques do not have to be signed by both of you, then your signature alone is sufficient and you can start the action. Mention on the Particulars of Claim that it is a joint account.
2) Internet printouts are fine. You only need the ones with the charges.
If I have been helpful please click on my star and add a comment.
Sending letter to Lloyds today. This is the letter BankFodder calls "Request for repayment of charges", I take it this is what you refer to as "Particulars of Claim".
I have a couple of further questions before it goes off.
1) Where it says "I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .
I enclose a schedule of the charges which I am claiming with this letter." I assume the second figure is the interest at 8%, slightly confused because it's referred to as overdraft interest. Is this right?
2) I'm sending this letter to the branch which holds my account, is this the right place to send it?
3) I understand that I'm to send a copy of the spreadsheet leaving off the 8% column, but I unsure as to why I leave this out?
Sorry to bother you with these trivialities, just want to make sure I get it right from the outset.
Hi
No the Particulars of Claim are what are used when you are filing your Court claim.
The "plus £xxx" part is actually referring to overdraft interest, if you are not claiming any, leave this part out. O/d interest is hard to work out, and most people leave it off their claim.
I would send the letter to:
Lloyds TSB
Customer Service Recovery Centre
Charlton Place
Andover
Hampshire
SP10 1RE
Yes take the 8% interest column off, you are not entitled to this unless the claim goes to Court.
Do you know of a link where I can see how to go about claiming the o/d interest? Given the amounts involved, I would not have an o/d at all, and whilst I think claiming Contractual Interest at 29.8% is excessive, I'm currently paying 15.7%, on an o/d arguably made up entirely of illegal charges.
If you wish to claim O/D interest but not persue Contractual then you are able to claim back part of the interest which is in relation to the charge applied on the account, this spreadsheet will help determine these amounts.
Have been burning the midnight oil completing the long and detailed spreadsheet : compoundsheet_v1.9.
I used 15.7% as the interest rate as the account has been O/D thoughout the six year period. Now I have lots and lots of figures and yes I am now not a little bit confused.
Please tell me which figure I need to use for the O/D interest in my Request for repayment letter.
Is it:
a) Total Interest On Penalties under the tab Charges & Interest
or -
b) Total Interest under the tab C. Interest (Daily)
Not a dickybird from Lloyds as yet, regarding the claim at least.
I have, however, had to speak to Lloyds as I've gone over my O/D limit again. The joys of being self employed! I explained that it would be a couple of weeks before I would be able to substantially reduce the balance and asked for help, they offered none, except a credit card with a limit of £5000, very helpful! Interestingly, when I argued that, it was their excessive charges that had taken me over my limit in the first place and that, had I not suffered these charges over the years, I would not have an overdraft at all, the girl very helpfully advised me that I could claim them back, but it may take a couple of months!! Are Lloyds lightening up?
Anyway, all this leads me to a question. Given my immediate circumstances, should I be advising them that I am already in the process of claiming? Obviously, at present the left hand doesn't know what the right is doing, would making them aware help or hinder me when talking to them about my current account?
When I think of the amount of money these [EDITED] have taken from me over the years, how they've made me grovel, the stress it's caused, the strain on our marriage and most of all, the better life my children could have had, I only wish there was more I could do. Just getting your money back doesn't seem like enough!
Sorry for sounding a bit melodramatic, but when you start to think about it and you look back, not just six years, but twenty plus, it dawns on you just how much different things could have been.
Ignoring the emotional ranting, if has a suggestion regarding the question, I'd really appreciate it.
Generally the individuals you speak to at branch level are normal humans with normal lives, it is senior management you do not see, that are driven to exploit money in the ceaseless drive for profit that need to 'lighten up'.
If you advise them or not, it is unlikely to make any difference. They will just do what the computer allows them to do.
If I have been helpful please click on my star and add a comment.
Perhaps you could clarify something for me. When I worked out my claim, I used a speadsheet, calculated my charges over the 6 yr period, I then applied the Gold account O/D rate of 15.7% for those charges. In my letter to Lloyds I referred to this as overdraft interest on the charges.
I keep seeing on threads that you should not apply for 8% in this letter, which I completly understand, but to apply for any other interest is deemed as applying for "contractual interest".
Now, I understood contractual interest to be, where you claim 29.8%, reciprocity (or whatever the word was).
By claiming o/d interest, i'm saying, the bank took my money when they shouldn't, causing me to pay extra interest on money I wouldn't have owed. I therefore, claim back the money taken and the interest paid on it, nothing more.
Tried to set up a parachute account with Barclays, but ran into a problem. They asked if we'd been over our o/d limit recently, as we had, they wouldn't offer us the an o/d.
I know Barclays is an odd choice, but as they already hold our business account, it would make it easier when transfering money between the two accounts.
Also, been trawling the threads and can't find anyone who's been through the Norwich court system recently. I see many people are experiencing long delays with court dates and wondered if anyone had any experience of Norwich?
One week after sending my lba and still nothing from LTBS!
Also, now 41 days since I sent the SAR and nothing from that either! I know I don't need it for this claim as I was able to collate most of it from online banking and had the rest of the statements, but I did ask for information relating to both my personal and business accounts.
I'm a little worried that I'm being ignored. Should I be doing some chasing?
Have I done something wrong? Sent my letters to the wrong place?
Any advice/reassurance would be appreciated.
Has anybody had any experience of the Norwich court?
Quick help would be appreciated as I'm doing the N1 right now and having to go into hospital at the weekend for an op and will be out of action for a week.
Question: I am claiming for myself and my wife on our joint account, where it says Claimant, do I put both our names?
Question: Since I first wrote to ltsb with my claim, they have charged additional charges to our account, can I add these to the spreadsheet I use for my claim, even if it doesn'e correspond with my original spreadsheets?
Mattemotion v Lloyds TSB
letter on 25th May,2007.
Reply With Quote
Re: Mattemotion v Lloyds TSB
MONEY BACK IN ACC ON MARCH THE FIRST '07
Defence submitted 1st March 2007 
