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londondulwich

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  1. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. Thanks for the warning. From now on I am going to be very careful with overdraft limits. I opened another current account with the Alliance and Leicester, I am not going to be with LLoyds for much longer. MJ replied positively to my request for a revised settlement contract. I have posted the signed copy back to them. Now I shall see how long it takes for my account to be credited. For all those who are worried, stop worrying. The money was fraudulently taken from your accounts. Demand it back and stick to your guns.
  3. This is the response I sent this morning: Dear Sirs: I refer to the settlement offer you have sent me. I confirm that this is agreed subject to the following:- 1. the amount of the claim be increased to include the interest accrued since the claim was submitted on 11 May 2006, to the present date. (See attached revised schedule of charges); 2. the deletion of clause 4. Yours faithfully,
  4. I've just read that it is Stafford. Remember you agreed and Lloyds agreed an overdraft limit. If you passed the agreed limit the contract has been broken.
  5. You will need a copy of the Mc Namarra interview on CD and a transcript. A copy of these should be sent to the solicitors acting for Lloyds. You need to make a clear case stating that the charges applied to your account are penalty charges not service charges. The interview with McNamarra explains that the charges are necessary to cover the expense of running free banking. Several members of this forum have requested the recordings of their telephone calls to Lloyds, in which customer services have confirmed that the charges are penalties. Ask the moderators for copies of these recordings. Which Court are you allocated to?
  6. You are the antagonist, if you want to stop the agony write to the court and say you wish to withdraw your claim. Lloyds cannot stop it. In my case, I waited until the last day until I submitted the allocation questionaire, as soon as Lloyds received it they offered me a settlement for the full amount. This isn't a murder trial, no one is going to prison. I would advise you stick to your guns. Unless you are finding that the stress outweighs £5000.
  7. Thanks for the advice. I forgot to check with the Court on Friday, but today, Saturday, I received a letter from Martineau Johnson. Two pages explain why they will win and why I my claim is unreasonable in the eyes of the law. A further two pages offers my money back as long as I agree to their terms. These terms are that I must maintain my account within the agreed limit, that payment will be full and final settlement of this claim and that the terms of this agreement should remain confidential. I am going to write back on Monday, asking for the outstanding accrued interest since the claim was filed and requesting a new draft of the offer minus the confidentiality clause.
  8. Hi, I gave the customer services department a ring on 0845 300 0000.
  9. Today I recieved confirmation from the County Court that my Allocation questionaire has been processed. Lloyds have still not put theirs in, although the deadline was last Friday. If they are still dragging their feet by this Friday I'll see what the court can do about it.
  10. Hi, Congratulations on your win. It just occurred to me that you might have written to the County Court to say that you wish to terminate proceedings before receiving your money from Lloyds. You haven't done that, have you?
  11. Try making the same request under the Data Protection Act. I am suggesting this, as I know that the Metropolitain Police have a duty to provide transcripts of the calls you have made to them and which they record, if asked for under the DPA and accompanied by the usual £10.
  12. Hi, This is the final version I submitted. I tried to post it as an attachment but I couldn't get it to work. Hope it is useful. 1. The Defendant is a high street bank. The Claimant has had with the Defendant a current account, number ????????, sort code: ??????, with a personal overdraft presently set at £????, since 24 November 1992. 2. Between 27 April 2000 and 3 April 2006 the Defendant deducted various amounts in respect of: ‘unauthorised borrowing fees’/‘overdraft usage fees’/‘overdraft excess fees’. These were at first levied daily and later monthly, if the account debit balance exceeded the specified overdraft limit. (See attached schedule A). 3. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 4. The Claimant contends that the terms of the contract with respect to these charges are unfair, unreasonable and unenforceable at law in light of the fact that: I. They are punitive charges designed to penalise the Claimant for a breach of contract. That they unduly enrich the Defendant, which exercises the contractual term in respect of such charges with a view to generating a profit. That under the law of penalties they are ‘extravagant’ and therefore unlawful. II. They are not a genuine pre-estimate of cost incurred by the Defendant and exceed any alleged actual loss to the Defendant in respect of the breach of contract on the part of the Claimant. It is averred that the charges which have been applied to the Claimant’s account are unfair pursuant to paragraph 8 under schedule 2 (1(e) of the Unfair Terms in Consumer Contracts Regulations (1999)– ‘…terms which may be regarded as unfair…have the effect of- requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;’ And under the Unfair Contract Terms Act (1977) s.4 - ‘A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness’. III. 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 - ‘Where, under a contract for the supply of a service, the consideration for the service is not determined by the contract, left to be determined in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable charge.’ IV. Under the law of mistake, the Claimant’s grounds for restitution are that the bank automatically debited the amount of the charge from the Claimant’s account and was not legally entitled to do so. 5. The Claimant will be relying on, inter alia, judgements made in the cases of: Dunlop Pneumatic Tyre Co. v. New Garages and Motor Co. 1915 Ford Motor Co. v. Armstrong 1915 Bridge v. Campbell 1962 Murray v. Leisureplay 2004 6. Accordingly the claimant claims from the Defendant a sum equivalent to £725 unlawfully debited to the Claimant’s account in the period 27 April 2000 to 3 April 2006. The sums are detailed in the attached schedule. 7. The Claimant further claims interest pursuant to s69 of the County Courts Act 1984 at a rate of 8% per annum, from the dates that the debits were made to the Claimant’s account until 11 May 2006, and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.022%. 8. The Claimant further claims the court fee of £80. 9. I believe that the facts stated in these particulars of claim are true. Your Name
  13. Lloyds have filed an acknowledgement of claim with the County court. This now gives them until the 16 June to file a defence. I wonder if Lloyds are paying their solicitiors per letter, as would be the norm. If they are this must be costing them £10,000s. Having said that I am unsure how much a defence prepared by a solicitor costs. Does £200 sound normal? Has anyone been to a solicitor for a quote on what the fees would be?
  14. Hi, That is wonderful news, I'm so glad you posted your success.
  15. p.s. I reworked the version I posted. If it is the part. of claim you were thinking of, I can post the final version I submitted.
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