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Hi all,
My story starts 05/03/2007 when I asked Lloyds for my list of charges for the last 6 years. My list arrived 04/04/2007 and I got down to calculating!
O/D interest, Acc. charge, O/D excess fee, Unpaid D/D, Unpaid Personal loan and Unpaid personal cheque added up to £6010.11 plus £804.62 interest at the statutory rate. Total to claim £6814.73.
Have I done anything wrong so far?
My next letter requesting payment of my charges was sent 10/04/2007.
Received the standard reply 18/04/2007 "sorry you are unhappy about your account charges".
My reply was sent 20/04/2007 requesting full payment or court action.
I did not receive a reply to this letter.
I then filled a court case through MCOL 09/05/2007 paying £250. It was served on 14/05/2007.
Please tell me if I have done anything wrong or missed anything out.
Lloyds acknowledged my claim on 25/05/2007 and on 04/05/2007 are now defending my claim.
Awaiting the next step and reading up on all the relavent threads for help and advice.
Do you have a fee paying account like a Select account or Platinum account?? If you have then you may need to look at whether you should have claimed the account charge, which is a legitimate charge. If you have you may need to get some further advice from someone with a tad more knowledge than me about how to rectify this.
I believe you would complete a N244 and pay £35.00. But as I say you need somebody that knows their onions.
Has anybody written to Lloyds for a copy of their original agreement and T&Cs when they opened their bank acc?
Mine was opened in 1977 then changed to a joint acc. in 1984. I haven't kept any paperwork that goes that far back!
I have just written to Lloyds asking for copies of all documentation relating to my single acc. opened 1977 to include the signing of the original bank contract and terms and conditions for that time!
Also the same information for changing to a joint acc. in 1984! I have added that I will require this information to form part of my court bundle should my ongoing case go to court. Also a copy of my letter and any further correspondence relating to it will also be included in my court bundle!
I have time on my hands waiting for the court to inform me of the next stage so thought I would work on evidence for my court bundle.
If I get a reply that includes T&Cs that far back I will be passing them on to GaryH for his library of old T&Cs. Please search your attics for old T&Cs to PM to any Moderator. They do a fantastic job and deserve all the help in return for their invaluable advice on this site.
Knowledge is power and power will help us win!
Still no Ts&Cs from the bank!
Still no letter from the court!
MCOL says defence 09/05/07, (deemed to be served 14/05/07)
received letter on 25/05/07 of acknowledgement with sheet attatched saying Defendent is defending all of the claim.
But nothing else received! Am I just getting impatient and will I have to wait to hear when it is transfered to my local court. :?
Gloucester is my local county court.
Thank you.
Lloyds did the same to me - no sign of a defense. I didn't contact the court, thinking I'd see what happened, they sent me a copy of Lloyds' defense about a week after the date it was due. However, the defense had been filed with the court within the required deadline. Nothing to stop you contacting the court to ask if the defense has been filed. If no defense has been filed, I would suggest you trawl the forum for advice on the next step.
~S~
Griffin
04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY
05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail
18/01/07 S.A.R - (Subject Access Request) data received
09/02/07 Prelim letter sent.
16/02/07 Frist template response received (nothing out of the ordinary).
23/02/07 LBA sent.
22/03/07 Claim issued to County Court
28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)
16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)
26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07
09/05/07 My AQ returned to court
22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file
05/06/07 AQ filed by Lloyds with application for 1 month stay
Bugger! Sorry!
Just phoned MCOL and the defence was put in on the 04/06/07!!!
The case has now been passed to my local county court which is Gloucester.
Just got to wait for the paperwork and the lady at MCOL said they are busy!!!
Thanks for your help Griffin.
Todays post has brought the defence papers with the standard 9 point defence. Waiting for a court date.
Advice to all read the forums and guides relevent to what is happening to you. Set up a thread and start your own story and ask questions. Don't suffer in silence! There is help out there and boy is it good help.
Feeling calm at the mo but I know things are going to heat up as letters come through requesting paper work. Thats when I may be asking for help!!
Good luck to all.
Off to work I go!
Notice of transfer of proceedings,
transfered my case to Gloucester county court.
Allocation questionnaire has been dispensed with.
9 Point defence.
Do I send a draft order for directions or wait until I get my first letter from Gloucester court?
I'm following your case with interest as there seen to be very few, claims for these sort of figures, at least with Lloyds anyway.
I sent in my claim to Lloyds for £5606 + £1830 int, total £7436, on 14/06/07. Not heard anything yet. I notice that your interest claim is a third of mine, yet your charges are quite a bit more, is this because the O/D interest rate is lower on a Platinum account as opposed to the 15.7% on my Gold account?
Does there appear to be any different treatment by Lloyds due to the higher figures involved?
You might be interested to know that I phoned Lloyds yesterday, as another load of charges pushed me over my limit. Strangely when I complained that I would not have an overdraft at all if it were not for the excessive charge, I was advised that I could claim them back, but it might take a couple of months!! There appeared to be no doubt that I would get them back.
Anyway, I hope that's reassuring and I hope you don't mind if I watch how you get on. I don't mean that in a wierd way!!
Hi Matt,
Welcome to my confusion!!!!
Welcome aboard! All the advice welcome.
This is all a very big learning curve for me! I'm out of my knowledge comfort zone here but have learnt alot thanks to the informative threads and advice.
I think Lloyds is going to be a tough nut to crack.
It's great to hear that you have such a similar sized claim. Someone to compare notes with.
I started all this on Monesavingexpert.com but came to the other side!
Just doing draft order for directions
(New strategy for allocation Questionnaires BF's #2)
with the addition of H - other information
(GaryH's from the same thread #59)
Will hang on to it until I hear from my local court as advised by Broke Dave.
Good Luck
Night Owl.
Welcome aboard Fzrkitten.
I think the next few weeks could be busy for us all as the Courts start sending for paperwork.
Look out ltsb here we come.
Printer ready and able. (Just as well as OH has no knowledge or patience when things break down!! He won't even touch the car.
Must buy more ink!
Good Luck
Night Owl