ZUZU vs Lloyds

[zuzubing]

Hi,

 

I am currently in a claim for my penalty charges to be refunded by Lloyds TSB and I have got as far as sending a letter to them requesting the amount I was claiming for and attaching a scedule of charges. I have since received two standard responses from Lloyds - firstly, that they had acknowledged my letter and were "looking into it" and then a few days later, a letter saying basically (in my own words) - "No can do - this is a service not a default therefore we're not covered by OFT, you knew our charges when you signed up so what are you complaining about".

 

So what now?? I was deflated - but on reading loads of helpful threads from the forum today, i shall stick with it!

 

Do I now send another letter (LBA?) stating that I am not satisfied with their response and are therefore taking the matter further?? and then start with the moneyclaim procedure?? Is there a letter template for such a thing in the library?? I couldn't see one

 

On reading the threads i also realised that in my initial letter I sent including the schedule of charges - I forgot to mention and say that I would be claiming interest. Is it too late to add the interest part of my claim on???

 

Hope this all makes sense and I hope someone can help

 

ZUZU

[Janet-M]

Don't be deflated :o where they say its a service charge this is called 'cloaking' it is well known in courts and I would love to see them prove their service charge argument in court LMAO.As we all know by now they won't walk into a court room to even try that argument.That is not saying that you shouldn't read up and prepare yourself as if it was going into court.

 

there is a LBA in the libary it's the consumer version and yes you should keep to the steps and your time limits you dictated.You do not claim interest until you submit your claim into court but yes you should send a schedule of charges with your next letter .

 

By some of your questions you don't appear to have read around can I just point you to this http://www.consumeractiongroup.co.uk/forum/lloyds-bank/announcement-some-people-making-mistakes.html

[zuzubing]

Thanks mjanet!!

 

Yes it all seems a lot clearer now!! I had seen the LBA letter in the library but it confused me as it contained almost word for word paragraphs to the prelim letter, but I see now that it is different.

 

Thank you for your helpful advice, and I shall post my LBA off today!

 

ZUZU

[Janet-M]

great please keep us informed

[zuzubing]

Thanks mjanet I will do!!

 

Do you think I should hold fire and wait for my new parachute account to oficially open before I post the LBA to Lloyds?

 

Thanks

 

ZUZU

[zuzubing]

Sorry for the self-bumping but can anyone give me some advice on whether I should wait to have my new parachute account up and running beofre I send my LBA to Lloyds, as I don't want to waste unnecessary time...

 

Thanks :o)

 

ZUZU

[DJ Tazzz]

Zuzubing,

Personally I would not worry too much about that, if they want to close your account in retaliation to your complaining, then you can report them to the FSA I think it is. Though they will have to give you 1 month’s notice of their intention in any event which should give you some time to complete the setup of the new account.

[zuzubing]

Thanks DJ Tazzz

 

Thanks for the advice - i didn't realise the banks were generous enough to give you notice!!!!

 

I wil post off the LBA today and keep everyone posted on my progress.....

 

THANKS AGAIN EVERYONE FOR YOUR HELP AND SUPPORT IT IS MOST WELCOMED.

 

ZUZU

[zuzubing]

Just got back from the postie

 

14 days and counting..........

 

...mind you it will probably be only 2 before I get the next what seems to be automatic "no" letter!!

 

ZUZU

[zuzubing]

Hi all,

 

No news as of yet - but i have received my paperwork for my new natwest parachute account!

 

Will keep updating as and when...........

 

ZUZU

[zuzubing]

Quick update - no news yet............(just checked the royal mail site -my first classw recorded letter was received 2 days after I posted it!)

 

Should I count 14 days from the date Lloyds received the LBA letter or from the date I posted it??

 

ZUZU

[zuzubing]

see above.

 

ZUZU

[Michael Browne]

14 days from the date of your letter ie 7th august

[zuzubing]

Oh that's good news!!!! Thanks Michael.

 

ZUZU

[zuzubing]

UPDATE:

 

Received letter from Natwest today confirming that my parachute account was now officially open!

 

(gosh that took no time at all)

 

ZUZU

[zuzubing]

To update....

 

I am still awaiting a response from my LBA letter, written and posted Mon 24th July. Therefore Lloyds have until Mon 7th August to reposnd (i take it weekends are counted as part of the 14 days????) Is this correct?

 

Has anyone else found that Lloyds normally wait a long time to send back the standard "there's nothing more we can do or say letter"?

 

I know the letter was delivered as I have tracked the recorded delivery code online.

 

Cheers Guys and Girls

 

ZUZU

[zuzubing]

Hi-ya again!

 

Ok - today I received the Lloyds standard response to my LBA - "...sorry you are not happy...there is nothing more we can add....here's the financial obudsman details..."

 

Right so money claim here I come!!!!! Shall I wait and sit out the remainder of the 14 days before I submit my claim (only 4 days remaining), or just go ahead with it now??

 

Thanks guys & gals

 

ZUZU

[Janet-M]

I would advise always keeping to the time limits you say

[zuzubing]

Thanks mjanet - yes after extensive reading of other threads I had come to that conclusion too!

 

So tomorrow - I shall be money claiming!!

 

Watch out Lloyds here I come...........grrrr......

 

ZUZU

[zuzubing]

HELP HELP HELP!!!

 

Am filling in the moneyclaim form on line at the moment - and I can't find the calculation for working out the daily rate of interest, I know I have seen it written in various threads but I can't find out where :-|.

 

Can anyone help me???????? :?

 

ZUZU

[kotum45]

Zuzu, I hope this helps

The statutory interest rate is 8%.

In order to get the daily rate, you need to divide 8% by 365 days... so 0.08/365=0.00022 (this is your daily rate).

Now you list your charges and calculate how many days it has been since you were charged.

Let's say you were charged £30 on 1 April 2004. So it has been 858 days since you were charged. (http://www.timeanddate.com/date/duration, this web-site will do the duration calculation for you)

So the interest for this charges will be 30*0.00022*858= £5.66.

 

You have to do this for all your charges... Or use the spreadsheet on the site, it will do all the calculations for you.

[zuzubing]

Thanks kotum45

 

This is what I have written in my particulars of claim, can you just check this is correct?

I have a contract with Lloyds TSB Bank PLC, conducted on their standard terms and

conditions.I am claiming return of my money taken by the Defendant in the way of charges over the last 4 years totalling £650. The charges are a disproportionate penalty and therefore unenforceable, being contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts)Terms Act 1977 s.4 and the Unfair Terms in Consumer Contracts Regulations 1999.Para8.and sch.2(1)(e).In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods And Services Act 1982 s.15. I have repeatedly asked the Bank to justify their charges but they have declined to do so. I claim interest of £52.09 under section 69 of the County Courts Act 1984 at the rate of 8% a year from 16/10/02 to 16/06/06. I therefore claim a total of £702.09(£650 + £52.09) plus interest at the same rate up to the date of judgement, or earlier payment, at a daily rate of £0.15.

***

I used the calculation on the FAQ section (0.00022 x total amount claiming = daily rate) to get the £0.15 per day.

Is this ok??????

Many thanks

ZUZU

[kotum45]

The formula you used is correct however it seem like you used £702.09 to calculate the daily interest rate. You need to use £650*0.00022 which gives you £0.14.

Otherwise it seems ok.

[zuzubing]

Thanks kotum45 YOU ARE A STAR!!!!! :D

 

Money claim will be filed now!

 

CHEERS

 

ZUZU

[kotum45]

good luck...