Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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  1. #1
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    Wink Claiming back overdraft excess fees

    Hi there,

    Firstly I just want to say what a great site this is - I saw the TV spot last night and was so relieved to hear that I actually have legal grounds to claim back the charges that Lloydsicon TSB have taken from me. I, like so many people, assumed that because it was a well established bank making the charges, they must be legally able to do so!

    Basically, I have had an account with Lloyds TSB for 5 years, and last year I had an overdrafticon (which started at £100 and eventually increased to £500). I have, on occasion gone over my overdraft, and as such, have incurred the standard overdraft excess fee of £30 each time.

    However, every time I have exceeded this overdraft limit, it has been by no more than £5. The only exception to this occured several days ago when an excess fee of £30 was taken from my account (due to exceeding my overdraft in April by £1.52!!!) which then pushed me, once again, over my overdraft, so next month I shall be charged ANOTHER £30!!!

    I have, as I said, only had my overdraft for a year and half or so, so I am probably only owed £100 - £200, but I am already £12,000 in debt due to my Student Loan to get me through my University degree, and I refuse to allow Lloyds TSB to basically steal money from me when I could be using it to pay my loan off!!

    I will be sending off my DPA letter first thing tomorrow morning, and will keep this thread updated I'm a little nervous about taking action in case it goes to court, but I'd rather give it a go and risk losing than just rolling over and letting them walk all over me!

    Similar Threads:

  2. #2
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    Default Re: Claiming back overdraft excess fees

    Welcome aboard spacebug.

    Don't be overly concerned by court action at this stage - it may be a possibility and you should rightly be aware of it, but in all likelyhood your claim will be settled either by the letters from our Library, or by issuing a court claim (which, in itself, is not the same as attending court).

    You're in good hands on the site, plenty of all-round knowledge to guide you through.

    Best of luck

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  3. #3
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    Default Re: Claiming back overdraft excess fees

    Well, after an hour and a half of sifting and sorting, I have managed to find around 3 years of statements at home, and from looking at just these (I have had my account for 5 years this July) they owe me a few hundred pounds not including the additional 2 years I don't have statements for anymore!

    I have just printed off my DPA letter, have written a cheque for £10, and am just leaving to go to the Post Office to get it sent by recorded delivery


  4. #4
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    Default Re: Claiming back overdraft excess fees

    Who did you make the cheque payable to? Are you sending the letter to your brance or to the headoffice??

    Hope it all goes well for you and you get some money out of them for a change!

    Cheers.

    Pc.


  5. #5
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    Wink Re: Claiming back overdraft excess fees

    I just made it payable to Lloydsicon TSB Bank PLC, i assume the Head Office (London address) as this was the one on the Data Protection Registry. Should be delivered by Friday as it was Recorded Delivery.

    I've just checked another thread - as I have sent it to the Head Office, will they forward it to the DPA department? I've just realised I should have sent it to Penny Berryman instead


  6. #6
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    Default Re: Claiming back overdraft excess fees

    Hi there, just a quick question - now that I have sent my DPA letter by recorded delivery, they have 40 days upon receipt of it. However, is this 40 working days, or 40 standard days ie including weekends? I need to know to work out when to send my Prelim. letter, so any help would be greatly appreciated

    DPA letter sent recorded delivery to Head Office in London - 07/06/06 - have until 19/07/06 to send out statements

    List of Charges recieved 28/06/06 - preparing Prelim letter to send requesting money back!

  7. #7
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    Default Re: Claiming back overdraft excess fees

    That's OK - they will pass it on.

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  8. #8
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    Default Re: Claiming back overdraft excess fees

    Thanks Any ideas about my 40 days question? I expect it to be delivered on Friday, so when will this give them to?

    DPA letter sent recorded delivery to Head Office in London - 07/06/06 - have until 19/07/06 to send out statements

    List of Charges recieved 28/06/06 - preparing Prelim letter to send requesting money back!

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    Default Re: Claiming back overdraft excess fees

    They have 40 days total, not working days.

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


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  10. #10
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    Default Re: Claiming back overdraft excess fees

    Right, so they have till the 19th july to send me the statements. Thanks very much for the reply!

    DPA letter sent recorded delivery to Head Office in London - 07/06/06 - have until 19/07/06 to send out statements

    List of Charges recieved 28/06/06 - preparing Prelim letter to send requesting money back!

  11. #11
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    Default Re: Claiming back overdraft excess fees

    Hi,

    Having sent my DPA by recorded delivery on the 7th of June, they recieved it on the 9th. I enclosed the £10 cheque, but it has still not been cashed (I have checked in my branch on several occasions). Is this a normal time period to expect to wait? It's been 2 1/2 weeks, still no sign of the barrage of statements, still no cheque-cashing .

    Has anyone waited this long, or is it time for me to phone the DPA department to confirm they recieved it (I sent the letter to HO by mistake, but it should have been passed on to DPA dept.)

    Any help would be greatly appreciated!!

    -s-

    DPA letter sent recorded delivery to Head Office in London - 07/06/06 - have until 19/07/06 to send out statements

    List of Charges recieved 28/06/06 - preparing Prelim letter to send requesting money back!

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    Default Re: Claiming back overdraft excess fees

    It's not unusual, but a phone callicon reminder won't do any harm.

    If you haven't heard by say first week July send a brief letter telling them they only have X days to comply.

    Have a look at non compliance letters here:
    http://www.consumeractiongroup.co.uk...n-act-non.html


  13. #13
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    Default Re: Claiming back overdraft excess fees

    Thanks, I'll give them two weeks then (which means I'll be contacting them the weekend of my 21st what fun!!)

    DPA letter sent recorded delivery to Head Office in London - 07/06/06 - have until 19/07/06 to send out statements

    List of Charges recieved 28/06/06 - preparing Prelim letter to send requesting money back!

  14. #14
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    Cool Re: Claiming back overdraft excess fees

    Hi Spacebug mine was received at Chiswell Street (Perry Berryman) on the same day 9th June.
    So can we keep in touch as we are at the same stage exactly?
    I still have not received mine, i have heard from this site that they are not replying to the original request but just sending out the data as they are snowed under with SARS requests and it is taking them upto 2 weeks, i would imagine that it may be longer be the case now as all this seems to be getting big now.
    Still we could compare notes and keep an update here for other users to compare.
    Good luck and all the best look forward to hearing from you
    Regards
    adamsk

    Lloyds TSB (SARS) request sent 9th June 2006
    £2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267
    MBNA SETTLED IN FULL 15/09/2006 £829
    Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
    GE MONEY SETTLLED IN FULL £400
    Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
    Welcome Finance PPI 2 accounts one settled £1018 waiting on other
    GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
    Lloyds TSB PPI CC complaint sent 10/04/2008
    Black Horse PPI with FOS 20/05/2008
    HFC PPI complaint sent 22/05/2008


  15. #15
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    Default Re: Claiming back overdraft excess fees

    Hi Spacebug,
    I sent my DPAR early april when they were no where near as busy as the poor buggers are now and it took 22 days.
    Use the dead time to get wised up on the next step and so on. That way your one step ahead and know exactly what happening.
    Good luck and do it right FIRST TIME.


  16. #16
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    Default Re: Claiming back overdraft excess fees

    Thanks Commando, good advise ;-) I'll use the time wisely, maybe to prepare my next letter

    Adamski, sounds good. I am expecting them to blame any delays on the fact that I sent my DPAR to Head Office by mistake, but it shouldn't take them that long to transfer it to the correct department. Let me know when you hear anything from them as it would be really interesting to see how our cases compare!

    -s-

    DPA letter sent recorded delivery to Head Office in London - 07/06/06 - have until 19/07/06 to send out statements

    List of Charges recieved 28/06/06 - preparing Prelim letter to send requesting money back!

  17. #17
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    Default Re: Claiming back overdraft excess fees

    Hooray! My lovely list of charges arrived this morning! This is what I have:

    01/09/2005: O/DRAFT EXCESS FEE: £30.00
    01/11/2005: O/DRAFT INTEREST: £00.10
    01/11/2005: O/DRAFT EXCESS FEE: £60.00
    03/01/2006: O/DRAFT INTEREST: £00.23
    01/02/2006: O/DRAFT INTEREST: £02.40
    01/03/2006: O/DRAFT INTEREST: £01.75
    01/03/2006: UNPAID S/O: £35.00
    03/04/2006: O/DRAFT INTEREST: £05.34
    03/04/2006: O/DRAFT EXCESS FEE: £30.00
    02/05/2006: O/DRAFT INTEREST: £06.11
    01/06/2006: O/DRAFT INTEREST: £03.55
    01/06/2006: O/DRAFT EXCESS FEE: £30.00

    Total w/out interest = £185.00
    Total with interest = £204.48

    There is also a £35.00 Unpaid S/O, plus about £5 of interest due to go out the first week of July, and possibly an Excess Fee of £30 (though when I went into my local branch, they had no record of this I'm not complaining!!)

    This might not seem like a lot of money compared to the £1000's others have reclaimed, but when you consider that I have had my overdrafticon for barely a year, it seems more significant!!

    So, is it the Prelim letter now, asking nicely for my money back?

    DPA letter sent recorded delivery to Head Office in London - 07/06/06 - have until 19/07/06 to send out statements

    List of Charges recieved 28/06/06 - preparing Prelim letter to send requesting money back!

  18. #18
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    Default Re: Claiming back overdraft excess fees

    Got my Prelim letter ready now, just wondering, what is the best address to send it to?

    DPA letter sent recorded delivery to Head Office in London - 07/06/06 - have until 19/07/06 to send out statements

    List of Charges recieved 28/06/06 - preparing Prelim letter to send requesting money back!

  19. #19
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    Default Re: Claiming back overdraft excess fees

    I went for the Colmore Row address in Birmingham for all correspondence, did the job for me.

    reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.
    reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.
    reload vs Capital One - £456.57 Settlement Reached 14/07/06.
    reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

    Lloyds Bank - The Template Response Letters!

    Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  20. #20
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    Default Re: Claiming back overdraft excess fees

    Head Office address will be fine.

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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