Hi all, I started my claim against Lloyds TSB approx 3 weeks this is how far i have got so far. with letters sent and received. I am fortuante as i sue internet banking and my account goes back to the day i opened the account in 2001.
The total charges in that time = £2605.15.
First letter sent to Lloyds TSB on the date shown. Obviously removed all personal details
02 February 2007
Royal Parade Plymouth
8 Royal Parade
Re: Default charges on account number
I refer to default charges which have been applied to my account by Lloyds TSB, amounting to £2605.15
I have been a loyal customer of Lloyds TSB for five years and 4 months. I have always maintained my account well and believe that the charges applied to my account do not reflect the cost to the bank of my account going into unauthorised overdraft.
I therefore ask that you repay the amount of all these charges, £2605.15.
I am happy for you to contact me on or to discuss the matter.
I received this leter in response which i believe to be the bog standard letter
Customer Service Recovery Centre
Date: 15th February 2007
Dear Mr XXXX,
Thank you for getting in touch with us. I am sorry you are unhappy over your account charges.
Like any business, we do make a charge for some extra services. When a customer doesn’t have enough in their account to cover a payment, this always means additional work. We must either make the payment via an overdraft or send the payment request back. Either way, it has to happen speedily. We feel it’s only fair to charge for the extra work involved.
Of course, it’s only fair, too, that we’re completely open about any charged-for services before you take them up. That’s why we take care to provide every new customer with the latest guide to our charges. You can also get up-to-date details about fees and borrowing rates at all our branches, via our helpline and on our website.
Just as importantly, we do everything we can to help our customers avoid charges altogether.
I’m sure you’ll know how easy it is to keep a running check on how much is in your account. You’re free to get an up-to-date balance at any of our cash machines, over the phone, online and nowadays even by text to your mobile.
If you know a payment is going to take you over the limit, you’re welcome to see if we can raise your limit – and we can usually give you answer straightaway. You might know, too, that we don’t usually charge fees if it’s the first day in 12 months that you’ve gone overdrawn without agreeing it with is beforehand. And we never charge an overdraft excess fee more than three times in any one month, however many times you go over your limit.
You’ve mentioned the new guidelines from the Office of Fair Trading on credit card default charges. We don’t agree with the OFT’s thinking on this and we’re still talking it through with them. But the important point is that guidelines only concern ‘default’ charges. The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard prices for the service we provide in these situations. So according to our legal experts, the OFT’s guidelines on credit card default charges do not in any way apply.
I do hope you can see that we make our charging system as fair as possible – and why I cannot agree to cancel your charges.
This letter is the bank’s final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. I have enclosed their leaflet that outlines how t contact them.
Thank you once again for taking the time to raise you concern with us.
Customer Service Recovery Centre Andover
In reply to this i have drafted the following letter and am awaiting the reply.
19th February 2007
Plymouth Royal Parade
8 Royal Parade
Re: Default charges on account number
I refer to default charges relating to unauthorised overdrafts which have been applied to my account Lloyds TSB amounting to £2605.15
I wrote to you on 5th February 2007 asking that you repay these charges as a gesture of goodwill to a loyal customer. Since you have not done so, I intend to take the matter further and claim the amount of £2605.15 through the small claims court.
The basis for this request is that under the Unfair Terms in Consumer Contract Regulations and/or the law of penalties, the small claims court could declare such charges unfair and therefore unenforceable.
I am only prepared to pay the charges on the condition that the bank agrees to repay me the full amount if the small claims court finds in my favour and declares the charges unenforceable.
I look forward to receiving your response within seven days of the date of this letter or I will issue proceedings in the small claims court to reclaim the full amount of charges, plus interest and costs.
I am happy for you to contact me on to discuss the matter.
They also provided a phone number to contact them on to discuss my case further if i wished and alas this is constantly engaged even at 22:30
any suggestions would be appreciated thankyou.
On my way to buy the small claims pack from a shop