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  1. thank you for your help, no the other claims were settled, sorry for the confusion. the claim was started in March and lloyds requested a stay in August, this was refused. the order says district jdge davidson has consieredt he statements of te case and allocated to the small claims track to take place at 14.00 on 10 Oct. Newbury County Court it should take no longer that 15 mins the amounts are£630.00 plus interest of £103.80 and 8% interest of £30.53 and 16p per day
  2. Hi All I am doing a bank claim and am in a bit of a panic, the court date is next week the 10th October, I was meant to have the documents in last week. I have spoken to the Court and they have said it is ok that I am late with everything because having a nightmare time at the moment. firstly lloyds requested a stay but it was refused, so is this a test case? the other factor and the reason the court has allowed a few days is because we were badly flooded and on top of this I have been at hospital with my sister who is having chemo so everything has come at once. I haven't spent anytime on this as too busy with everything else. I have got all the prelim letters and lba and spreadsheet docs, I have the defence from lloyds, but what do I do now. Could some one give me an idiots guide to what forms I need to print and what I should do. the court have said lloyds have not submitted anything either so hopefully this will help, but if anyone can tell me what to do I would be most grateful. Thanks
  3. Lloyds Tsb have got another firm of solicitors for business accounts. They are: Foot Ansteys from Plymouth Chris Horne [email protected] +44 (0)1752 675168 +44 (0)1752 675500
  4. Hi, not really sure how I would do this, the interest charge was done monthly and only for maybe a few days in some cases was the overdraft over the £10k, so part of the interest would be the standard 8.99%. Is there a way to split this or a formula I could follow? Thanks
  5. Hi, thanks for this, we thought we could claim these charges. It is the interest that has us stuck.:-|
  6. Hi I am starting a claim for my sister who is not well and can't do it herself. She has a Advantage Premier Account that has and overdraft facility of we think £10K and sometimes £13K. We think these limits are right because at the end of the statements is says: These amounts change over time. My sister did go over these limits and so did have "paid referral" and "unarranged borrow fee" charges. As she had interest charged every month and some of it is at the higher rate, how do we work out what if any we can claim?
  7. Hi Lloyds TSB, did not respond to the Notice of Issue, and now the time is up. The Court has said I can 'request a judgement' does anyone have any experience of this. Does the bank appeal, or ask for the judgement to be set aside. What happens next?
  8. Hi, I had a delay in getting my statements and my son had the same. I faxed them a copy of the letter and then they arrived very quickly. The fax number 0121 633 5443. I hope this helps.
  9. I have recieved a letter from Lloyds tsb saying the usual fob off, but then it says: "I've noticed that you've referred to the Unfair Contracts Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations but these don't apply to you as you're a business customer and these acts are regulations only apply to consumers." I was a sole trader and I didn't think I put any of the above in my letter, this is the first response I have had from them, I submitted my court papers 10 days ago. I wrote to them 4 times before I submitted the court papers, apparently the first two were lost, and then because I moved some years ago they didn't have my address, despite it being on my letters and them writing to me at the address. Can you tell me what there letter means? and I cut and pasted the letter from the templates, did I get it wrong. There is a copy of my letter below. Thank you Further to my letter dated 01 March 2007. I am sorry you have chosen to ignore my attempts to resolve this issue. I additionally have spoken with ****** of the ******* Business Banking team to try to get an update on the situation. ****** was unable to answer any of the questions, as he could not get through to the department dealing with this issue. I ask you to refund to me the charges, which you have levied from my account over the last 6 years. I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the bank; exceed any alleged actual loss to the bank in respect of any breaches of contract ; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the bank which exercises the contractual term in respect of such charges with a view to profit. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs. Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. I would draw your attention to the terms of the contract, which you agreed to at the time that I opened this account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner, which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my rights until now. I calculate that you have taken £839.23. I enclose a schedule of the charges, which I am claiming with this letter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I require repayment of the money detailed in my previous letter, and also attached to this letter. If you do not return it to me in full within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice. __________________
  10. Hi, I had a delay in getting my statements and my son had the same. I faxed them a copy of the letter and then they arrived very quickly. The fax number 0121 633 5443. I hope this helps.
  11. Do you mean send the LBA again and give them another 14 days? Any idea if I just submit the N1 what will happen leaving the service charge in?
  12. Hi this is my first post so please be gentle with me, I have been reading the forum but have a few questions if someone would not mind helping me with. I've sent for statements and got a total for my charges, I have sent premliminary and the LBA, to date I have not had any correspondance from LLoyds not even an acknowledgement, both letters have been sent recorded delivery. I have telephoned the local business team who advised that they have tried to get through to the department that are dealing with the charges and are unable to make contact with them, they have asked me to re-send the letters directly to them which I have done, I did not re-date but kept them as originally dated. I have included service charges in both my letters, I am now worried that it's time to go to court what I should do? am I correct in thinking I cannot claim these? as I am now worried about my timing's and continue with my claim as it stands will the court just dismiss the charge part of the claim? or do you know of any cases where you can claim the service charges? On another point, my son is also attempting to claim from Lloyds he has sent his SAR request along with his £10 again the letter has not been signed for when sent by recorded, this is the third time my family have had this problem when sending by recorded with Lloyds is this normal? his cheque has not been cashed either but we managed to find a fax number and his statements have now been sent to him, would this fax number help anyone?
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