Rbphot V Lloyds TSB ***WON***

[Rbphot]

Hi , I would like to thank all the people on the site for the great info.

 

I've just started the process today and sent the DPA letter off to them, I'm not sure what to expect as they really hammered me with charges when a previous employer mucked me around with salary, ending with unemployment for 6 months, and I'm still suffering for it 3 years later.

 

Thanks

 

Ray

[Janet-M]

Hi and Welcome

 

Whilst you are waiting for your requested info to come back the best advice we can give you is to keep reading around the forum especially the step by step guide on recovering your bank charges ( if you click on that 'bank charges' it will take you straight to the FAQ's ) .By also reading other peoples threads you will get a clear indication of what reply to expect to each step you take.Post any updates to this thread

 

please keep us posted

[Rbphot]

Thanks, Have looked into some of the posts, it's good to see what reply others have had, and the ways to deal with the attempted side stepping the banks will try to not deal with you.

 

Ray

[Rbphot]

Well onto step 2, received my account information I requested under DPA, first letter sent of to Lloyds today asking for my money back they have charged me over the years.

 

The voyage begins!

 

Ray:|

[adamski]

Excellent, i will be sending of my prelim letter today after getting my data protection back, shocking how much they take.

Good luck

Regards

adamski

[Rbphot]

True, they own me a little over 2K,and I'm also planing to sent off a first request tommorrrow to Lloyds Amex card for £60 as due to Lloyds putting £90 of charges on my account in march there was insuffient funds to pay the DD.

 

Ray

[Rbphot]

Well the expected " we are sorry you are unhapppy with our service" arrived with the new bits in it about they are suppying a service,it's not a penalty we have charged you,also that the OFT decision does not apply, and a load of crap about them always being there and willing to help if you have problems.

Plus the insulting leaflet if you have a complaint, BLAH BLAH BLAH

 

I wonder if this Mandy Horton is the same computer that decides if they can give you a increase in overdraft or loan!

 

Well on to stage two then, as expected and as they said in the movie "Demolition Man" Repeat the request in a firmer tone!

[Rbphot]

Well the expected letter arrived today from lloyds saying that this was there final response and refering me to the Financial Ombudsman, so onto the legal proceedings as of the 31st July as this is the final deadline date.

[Rbphot]

Hi, I'm submiting my claim today and have a few questions..

 

1. what address does everyone use for lloyds

 

2. can you attach the details(speadsheet calculation) as I know from other threads that space is limited to input information.

 

Or

 

As the county court is 2 mins away from where I live, can I drop in the N1 to them, and is there anything I need to know if I do it manually!

 

Thanks

[stadium_arcadium]

Hi, I used

 

Lloyds TSB Bank PLC

25 Gresham Street

London

EC2V 7HN

 

 

If you are filling in the N1 by hand then space isn't limited like it is on moneyclaim and you can use more than one sheet (I did ) so yes, you can attatch the details.

 

Make 2 copies of everything before you take them to the court, if you are doing it manually. The court will then send you a copy, and have one for themselves and one for the bank.

 

good luck!

[Rbphot]

Thanks for the info, I went with the moneyclain online route, and submitted today, do I have to inform the Modds and move my thread.

[Rbphot]

Submitted my money claim today, the countdown clock has started.

 

I wonder how long they can hold out for, surely the pressure must be building with the FSA and OFT now gunning for them with there latest investigations into unfair policys etc.

 

Hope it hurt's and would love to be in the next share holders meeting.

 

Maybe that's an Idea use some of our money and buy some shares just to crash their meetings and have our say!!!

[gemmabe]

hey rbphot

 

Am just about to file my claim online. Could you possibly paste the text you used for the particulars of claim? This seems to be a bit vague on here so far. I know the space is limited, but don't want to delete anything important, etc.

 

Also IS there anywhere to attach a spreadsheet?

 

Cheers

 

Gemma

[Rbphot]

Hi Gemma, Doing it online is really easy, the only limitation is 1080 characters and only 24 lines long.

 

As for attaching the speadsheet, you don't need to, when the alocation questionare is fillled in you can submit it then, all you need is the details, ie amounts, Acts that the penaltys relate to etc, see below

 

I have a contract with Lloyds TSB Bank PLC, under their standard terms and conditions. I am claiming return of money taken by the defendant in the way of penalty charges over the last 6 years, totaling £xxxx.xx. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within

the meaning of the Supply of Goods and Services Act 1982 s.15. The bank has

declined to justify the charges. I claim interest under section 69 of the county court act 1984 at the rate of 8% a year from (01/01/2001) to (01/08/2006) of £xxx.xx and also interest at the same rate up to the date of judgment at the stated rate. I therefore claim a total of £xxxx.xx.

It just has to be straight to the point with the relevent information, hope this helps, I got it from another post and just changed it to my needs.(thanks to the board)

Ray

[Rbphot]

Well all seems to be going as everyone suggested, claim was agknowledged on the 4th August so now need to wait for the defence and to see which company of muppets get's assigned the case by Lloyds.

 

How long after the 28 day do you normally recieve the AQ from the courts?

 

Thanks:D

[Rbphot]

Just checked online and they have filed a defence at the 11th hour as usual, how long does it take for the AQ to be sent out and a local court to be appointed?

 

I'm sure it's the solicitors Sechiari Clark & Mitchell, that are causing the delays on purpose, the longer it takes the more they make from Lloyds, bet their profits have gone up 10x since taking on these claims, It does make you wonder...

 

Also what happened to Martineau Johnson, are they still dealing with cases or have they been sacked, maybe they all had stress related fatigue, and had to take a holliday(wishfull thinking), I wonder how long it will take till this lot are over run by the ammount of work we are generating.:grin:

[GaryH]

Good question. I was wondering what had happened to MJ and the lovely Heather, too. Never mind a holiday, they must have all retired to the Bahama's or somewhere what with all the money they must have made from representing Lloyds!

[Rbphot]

Well had a nice supprise, my AQ form and their Defence (which was the same standard one used before) was in the post yesterday when I got home, defence was submited last miniute on Monday, I must say the court officals at Northhampton are an efficeint lot, Thanks if your reading the forum guys/girls.

 

Relocated case to Brentford, I'm planning to fill it in and drop it down to the court today, and forward a copy of to the solicitors as well.

[GaryH]

To late. The 8% should have been added when filing your claim. You can make amendments, but there is a £35 non-recoverable charge for this. If you wish to amend it to include the 8%, you'll need to get in touch with the court. There is a spreadsheet to work it out in the templates library.

[Rbphot]

Hi Gary, the 8% cause was applied when I submited through moneyclaim, all the T's crossed and the I's dotted, and included in the claim.

 

I just wasn't sure of the calculation to work out the daily rate(found it in the FAQ), so I could remind SCC that the longer the claim goes on the more it's going to cost their client.

 

Thanks for the reply.

[Rbphot]

It looks like they are getting a bit worried, as they are the first to put up overdraft interst rates in light of the new OFT/FSA investigation into banks and their profit making penalty charges.

 

http://www.consumeractiongroup.co.uk/forum/general/29183-new-oft-statement-leak.html

 

I wonder if they are getting ready for the avalanche of caims that this inverstivation will trigger, they are going to need some more ice cream sellers....

[GaryH]

Ah I see. My mistake, I thought you meant you'd omitted it from the summons.

 

To be honest though, I can't really see that they're going to give a toss how much its costing their client. Won't hurt to give them a kick up the backside though!

[Rbphot]

Well as expected SCM asked and recieved the extra month to attempt settlement, so far the have ignored both my previous attempts to enter into dialogue regarding my claim, just as many others such as Freebird etc

 

Having read BF advice to Number6 about putting the ball in their court and seeing what they do with it, I sent this last week, am only posting it as now as it's been delivered to them yesterday.

 

 

Dear Sir/Madam,

I am contacting you due to the fact that XXXXXXXXXXXXX, has ordered the months stay you requested to enable us to attempt to settle this matter out of court before the XXXXXXXXXX.

As I have contacted you on several previous occasions to see if you will enter into dialogue regarding my claim against your client, and received no response, I once again write to you to attempt to resolve the matter.

What I feel is required is an honest and sincere attempt to clarify the issues so as to produce a solution which represents a just result - such as the court itself might produce, but without the help of the court. And for us to work out what is the legal right and to agree a solution based upon that right.

This is my interpretation of the judge's order so I therefore propose that we attempt to deal with the main points.

1. Penalty Charges

If the charges are indeed a penalty for breach which is the consensus of me and many others, this is yet to be disproved by your client.

I agree therefore that your clients are entitled to recover losses caused by my breach. However, I do not agree that your client may profit from such a breach - and they cannot dispute this as it is already settled in law.

2. Service

Alternatively if it does turn out that their charges are for a service and not imposed because of a breach (which at the present time I am not admitting to), I would agree that they are entitled to make a profit. However, my position is that your client is only entitled to make reasonable profits and that what is reasonable can be measured by reference to S.15 Supply of Goods and Service Act 1982.

The first point above which is the major point of disagreement and is also the most easily resolved by your client, if they will simply provide a breakdown of their actual losses in relation to my particular case, based yearly as they can not claim that the costs or losses to them is the same in 2006 as it was in 2001. Then after examining the supplied information I would be willing to agree to whatever it discloses, and we can move forward.

 

As to the second point which is whether the charges are a penalty or a fee for a contractual service is actually a question which I feel is far more suited to be decided by an independent lawyer - such as a judge.

I hope that you and your client are being as sincere as I am to attempt a settlement of this matter through open dialogue, without the necessity of bringing the matter before a judge.

Therefore I await your response to this correspondence, as the time you requested expires shortly and you have yet to contact me.

I would be grateful if you could confirm receipt of this letter please.

 

I intend to send them a couple of reminders at 7 day intervals as well, to see if this gets them moving.

 

I hope that this might be a usefull approach that we can all use, well done BF for your suggestion.

[elsinore]

Excellent RB, with you all the way.

 

Elsinore

[Rbphot]

Well my stay is up on the 16th, and I had not heard anything from them last week to my letter, so wrote them a kick up the backside letter to remind then that they asked for the stay so what where they playing at!!

 

 

Dear ***********

I am contacting you again to remind you that the time given to you in the form of a stay to attempt settlement by the District Judge expires in 8 days.

 

The fact that you requested this extra time and have yet to even have the courtesy to acknowledged my letter of the ********* 2006 as I requested, leads me to confirm my conclusion that you request the stays automatically, I had this fact confirmed by a member of your staff in a telephone call to your office shortly after receiving your AQ, and that this was standard practice, even though you had no instruction from your client to do so or enter into dialogue to attempt settlement with regards to my claim.

This is a breach of the civil procedures rules, and is being used to delay and put off claimants; this also amounts to a misuse of court resources as you have yet to defend any case in court that I am aware of, instead choosing to settle at the 11th Hour.

 

Further more your request for the stay interferes with my rights under the European Convention on Human Rights directly and as enacted in the Human Rights Act 1998.

Art.6 1. of the Convention provides that “ In the determination of his civil rights … everyone is entitled to a fair and public hearing within a reasonable time.”

 

I hope that the case I have stated above is not true and that you and your clients do wish to engage in sincere dialogue to attempt a settlement of this matter, without the need to go before a Judge.

I have also stated in previous letters to you I have full confidence that when my case is heard by the Judge I will succeed with my claim, and will also pursue the matter of breaches by your company of the rules regarding my Human Rights and Civil Procedures at that time should it be necessary.

 

I therefore hope to hear from you soon to resolve the matter.

 

And just to poke them further gave them a ring to see why they had not confirmed recieving the 1st letter, It had been delivered but they seem to have lost it, so I sent a fax copy to them.

They called back and told me, they had just received the letter above(only posted the day before) and that they were being put in front of Mr Thomas to deal with.

 

We will just have to see what he does next, so far no reply from SCM, and the day after the stay ends, my letter and all those sent to SCM will be going to the judge citing there non co-operation.8)