SLH542000 v LloydsTSB

[slh542000]

Sent off S.A.R - (Subject Access Request) with a tenner yesterday via recorded delivery

 

Will keep updating as case continues.

 

Reckon this lot owe me a small fortune!

[slh542000]

Hi!

 

I need some adivce here.

 

I've been reading this forum now for over a week, (starting to get dizzy!).

 

With Lloyds, I use their on line banking system, and discovered I can download my statments. I had suspisions I paid lloyds thousands in fees in the past, so instead of waiting for my S.A.R - (Subject Access Request) response, I downloaded what I can from the online banking site. (just to see how much I was looking at roughly)

 

Now, I can only go back as far as 1st July 2002 on line, so October 2000 to June 2002 is still to follow, but from 1st July 2002, to date, lloyds have charged me.....

 

wait for it....

 

 

£6, 710 :eek: :eek:

 

plus

 

£1,726 in overdraft interest.....

 

I want to claim for overdraft interest, as I believe their charges made me go over drawn. Can I claim for this?

 

Becasue my claim is over £5000, what implications does this have for my claim? What are my options? I'm guessing there will be roughly another £800 to add when I get the missing first 20 months statements!

 

Is there a limit on claims to £5K? Do I put to 2 claims in to run side by side?

 

Any info / adivse will by greatly appreciated.

[slh542000]

bump!

[Michael Browne]

There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

This is the interest referred to in the preliminary and LBA letters.

 

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

 

As an alternative to s69 8% interest is contractual interest See here:

 

http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html

 

 

Over £5000 would be fast-tracked where you could be liable to defendant's costs of up to £750, but have the advantage of standard disclosure.

 

Alternatively you split your claim by claiming £5000ish of the oldest charges first and ONLY when that is settled make a 2nd claim for the latest charges (plus any added in the meantime)

[slh542000]

standard disclosure? whats that then?

 

Fast Tracked? ??! Please explain?!

 

Jeez, I feel like an annoying child pestering people with all these questions!!

[slh542000]

need help here!! In Vapiress's spreadsheet (complex one!), the column "J" "INTEREST CHARGED".. do I put in the interest rate here, as a percentage? or the actual amount of interest charged? (and how do I work out that!!) I think it's the interest rate, but I'm not sure...

 

ALSO..... I've been in my (authorised) overdraft for six years (apart from the odd occasion - a few months here and there)... so do charges the applied back in jan 2001 still accruing interest now? (I mean, money has gone in and out and whatnot)....

 

Confused!!!

 

HELP!!!!!! anyone?

 

 

Hullo?!

[slh542000]

Gave Lloyds a courtsey call today to ensure they'd received my SAR. Turns out the Andover address (SAR DEPT) doens't actually issue the statments. They just log the letter and forward it to Birmingham.

 

So, Spoke to a lovely lady at birmingham, and she confirmed receipt, and advised full SAR will be forwarded within 5 days.

 

 

All going swimingly so far (I've already got 2002 - present, just waiting for oct 2000 - july 2002, which I can't access on line).

 

Will keep ya all posted!

 

[slh542000]

Received the SAR today. another £197.50 to add to the lloyds claim bring it to a total of : £6907.50 plus interest (as I was nearly always in my overdraft)

 

Need someone to help me with the spreadsheets though... anyone wanna PM me so I can call them and go through a few questions I have (That ARE NOT in the FAQ's!!)

[slh542000]

Just to update.. (as someone might be reading!)

 

Send off Prelim yesterday via recorded delivery Lloyds TSB for £10,492.54, which includes contractural interest (which is compounded) at their rate of authorised borrowing on my overdraft.

 

Will post reply here when it arrives (probably be a standard "No" letter.... we'll see..

 

Anyone give me some advise about Fast-track and how it works? (as I'm sure this amount is too large for small claims

 

Can I still file my claim on MCOL?

 

Cheers

 

Steve.

[Michael Browne]

You can use MCOL for claims up to £99,999 but if you are claiming contractual, I would advise you to use the N1, since there are space limitations for your POC's on MCOL and you won't be able to fit it all in.

[slh542000]

not even an acknowledgement from LloydsTSB. Been with them for 11 years and nothing! Scumbags!

 

Letter before action now been drafted.

 

Tick tock.....

[slh542000]

Still no reply from Preliminary Request for Payment.

Letter Before Action now sent, recorded.

 

Ignorant gits never even acknowldeged reciept for Prelim letter!

 

tick tock....

[slh542000]

Righto,

 

Back on track after christmas!!

 

On the 21st dec, I received a letter from Lloyds saying usual stuff... fair fees, etc.. we don't agree with OFT ruling... blah blah...

But, here's £750 quid as a goodwill payment! And shoved it into my account the same day!

 

Now, that's marginal compared to what I'm claiming, and I didn't get a chance to refuse it. I'm filing my claim on 9th Jan (because lloyds are taking 200 quid out on charges on that day!)

 

Question is, do I just deduct £750 from my final figure? but won't that look strange on the form!

 

Anyone know what the correct procedure is? Don't want to make any silly mistakes, as I know Lloyds will jump them!

 

Happy New Year!

 

Steve.

[BARTY]

Hi

Have a look at this, should give you all the answers you need:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Good luck and Happy New Year!

Barty:)

[slh542000]

Hi Barty, I've read all that mate.

 

However, I can't give the 750 quid back to them! I've sent the letter saying I'll only accept it as part payment.

 

Trouble is, now it's time to claim with the courts, do I still claim the full amount? or knock off the goodwill payment?

[slh542000]

Still need help with this, as I'm filling my claim in court next week. Do I go for the full amount? or deduct the 750 quid? if so, how?!

 

Anyone?

 

Hellooooooooo?!!!!!

[BARTY]

Hi

I would deduct the £750 off your more recent charges and then claim for whatever's left.

Barty:)

[slh542000]

Hi Barty,

 

But do I substantiate this on the Schedule of Charges? otherwise the spreadsheet don't make sense! Or do I just remove , for example, the last most recent charges which add up to 750?

 

What you reckon?

 

Cheers

[slh542000]

Update: 14th Feb 07

 

Notice Deemed to be served by County Court to Lloyds Bank Plc

 

Let the games begin.

[GuidoT]

Did you file using MCOL or traditional N1?

 

Next stage is AQ these should help you complete the same, New Strategy really a must now:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

[slh542000]

I filled in a traditional N1 and attached schedule of charges (3 copies!)

 

thanks for the link! - but will I have to filll out the same form, only I thought maybe becasue my claim is for over 11K, the judge my allocate fast track?

[GuidoT]

That is fine, it is just if you filed using MCOL you have to send your schedules separately but that does not concern you - just checking.

 

I have noticed that whilst there are 2 links on post 20, they both strangely link to the same page, this is the other link:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[slh542000]

does it apply to fast track too?

[GuidoT]

Yes, the link in post 22 has two sections, generally form N149 for small claims and form N150 for fast track.

[slh542000]

Hi guys

 

Ok, Lloyds has filed a defence, here it is in it's entirity. Can anyone comment? is it the standard defence?

 

And I need help with the allocation.... anyone?!!!

 

 

IN THE WATFORD COUNTY COURT

Claim No:*******

 

 

BETWEEN:

 

STEVEN *******

Claimant

and LLOYDS TSB BANK PLC

Defendant

 

 

 

 

DEFENCE

 

1.The Defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank at all material times.

 

2.By opening an account with the Bank, the customer enters into a Commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing;

 

Cheques

bank statements

the facility to make payments by direct debit and standing order

debit cards

ATMs (cash machines).

 

3. By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the Bank's own funds. If the Bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that "there are normally no charges for everyday banking at Lloyds TSB when your account is in credit.

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply. If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go-ahead".

 

4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank's loss.

 

5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month's statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the Bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

 

6. The charges are fair and reasonable, and it is denied that they are unlawful.

 

7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by the customer for a service provided by the Bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.

 

8. In the premises:

8.1 the charges are for banking services, and are not damages nor a penalty;

8.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable;

8.3 it is denied that the charges are unlawful or contravene any statute or regulation.

 

9. Further, insofar as part of the Claimant's claim is based on charges levied on her account prior to six years from the date of issue of her claim, that is 12th February 2001, that part of the claim is statute barred by operation of the Limitation Act 1980.

 

10.he Claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank.

 

Statement of Truth

The Defendant believes that the facts stated in this Defence are true. I am duty authorised by the Defendant to sign this statement.

Signed: ........................................

Full name: Joanne Storey - Team Leader for the Defendant.

Served 21ST day of February 2007 by Sechiari Clark &t Mitchell of Department S0, P.O. Box 499, Upper Ground Floor, 1 - 5 Queens Road Quadrant, Brighton, East Sussex, BN1 3XJ: Telephone 01273 205381: Fax 01273 745356 : Reference ************

Solicitors for the Defendant.