Thanks for this, Giz.... Will keep going on at Tesco. keep up the good work and get qualification behind you NOW.... Get no easier with age - honest!! Cheers Mary

Hi There, I am disabled. Following an internet search, I bought a rise & recline chair from a retailer on the assurance that I had a 60 day return guarantee if unsuitable (as per a telephone conversation with their sales rep). A VAT refund was also promised because I am disabled. I paid by Tesco Credit Card. The chair was not as stated in the advert i.e. it promised lumber support and showed this in a diagram representation. This was not there. I telephoned and emailed the retailer a day or two later and persisted in contact over three months. The site owner wanted collection fees and even when I agreed to pay, did not follow through. He made promises but never kept them and even the promised Tax refund was never given. I eventually put the matter in the hands of the Credit Card company who denied responsibility and spoke of ‘personal choice’ in relation to the goods not being suitable. I took independent advice and was assured that because the diagrams were misleading, my prompt reply in telling the company the chair was unsuitable, I am covered by the Distance Selling Act. The Tesco consumer advice person was so rude and abusive in his manner of refusal, I complained to his supervisor and insisted all future contact with them is in writing. That was five weeks ago and I have heard nothing since. The chair cost £540, is huge and occupies a great space in my living room which means I cannot get one that does meet my needs. What can I do?

Hi Purple! It was a dull / darkirish grey I spoke of but the court clerk kindly tried to do it on their machine and played about until he was successful! Use recycled paper.... Screws up BIG machines sometimes!! G'Luck M

Thanks to those who wrote to me.... Bad time to lose email and I had to just go it alone.... I too am no legal bod but this is what I eventually wrote: " XXX I would ask your Honour to decide that Lloyds are disguising their penalties and that this must amount to a concealment as they are aware that they were “cloaking a penalty”. On this basis, Lloyds TSB Bank should they lose the protection of the Limitation Act 1980 (Section F Page 96). Section 32 (1) (b) the Limitation Act 1980 states 32 Postponement of limitation period in case of fraud, concealment or mistake (1) Subject to subsections (3) and (4A) below, where in the case of any action for which a period of limitation is prescribed by this Act, either— (a) the action is based upon the fraud of the defendant; or (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or © the action is for relief from the consequences of a mistake; 33.In Cave v Robinson Jarvis & Rolf (2002) (Section F Page 17), Lord Millet states that “The statutes of limitation have been described as "statutes of peace". They are regarded as beneficial enactments and are construed liberally.” Referring toSection 32 (1) (b) the Limitation Act 1980 he also states “In such a case the period of limitation does not begin to run until the plaintiff discovers the concealment or could with reasonable diligence discover it. The rationale for this provision is plain: if the defendant is not sued earlier, he has only himself to blame”. 34. I have supplied some other relevant case law in relation to this Act namely Williams v Fanshaw Porter & Hazelhurst (2004) (Section F Page 1) and Sheldon & Others. Appellants and R.H.M.Outhwaite (1996) (Section F Page 34) and ask that my claim for repayment of charges dating back to 1996 is allowed" Hope this helps someone. Mary

Calling a moderator!!!!!!!!!! I have a copy of Lloyds Bank Letter Template Codes that someone sent me (in error, I wonder) when I requested copies of statements. It is clearly a good piece of evidence to prove that their letters are automatically generated. I have it scanned in on my computer and will happily send a copy for general release if you could PM me. Also, case doesn't go to Court until Tueday but 90% or the money being paid now (WoW!!!) my son is delighted!! I have claimed back to 1996 and have a copy of his witness statement including reference to the additional legislation (Limitations Act) and the case law (as per other link on the site). Don't know if what I have written is any good but again, I will send it if you PM me. Please note I am away from midday tomorrow so if I don't hear from you before then, it will be ten days before you receive my reply. What a nice day to make Lloyds do the decent thing!!!!!!!!!!!

Hi Guys. Nothing but good news............!!! my son's case is due in Court Tuesday but a letter has come stating that 90% of the claim will be deposited in his account in the next three working days.......!!!!!!!!!!!!!!!!!!! A life changing amount for him. he is of course going to court anyway for the other 10%......!!!!!!!!! Oh, by the way...... I was claiming back to 1996..........!!

Hi there! I have to complete the documentation for delivery to Court tomorrow afternoon... Is there any details on the site that can be added to the template for the witness statement to cover claims over 6 years. I have downloaded the Case Law from the relevant link but cannot find an appropriate way to phrase siting the additional legislation........ Help would be sincerely appreciated.

Hi I have one set of terms & conditions only (1998 thanks to another user). Bundle has to go to Court tomorrow and I cannot get into Wayback Machine........ Any chance someone could email me any? Send me a personal message I'll I will give you my own email address. Many thanks Mary

Hi just to say that in ignorance, I asked Lloyds for statements from when my son opened his account.......... They supplied copies back to 1996.......

Hi I have to take the bundle to Court on Thursday and only have one set of T & C froma 'grand chap' on this site. Wayback Machine doesn't seem to work any more.......... Have any T & Cs gone on this site yet, please? Trying to claim back to 1996 (and will keep people posted about results.... Cheers

Hi there For what it is worth, I would not go to MCOL... I too am trying for more than six years (back to 1996) for my son and MCOL referred back to my local Court. I have always worried that because I was doing something 'different', the character restrictions might have not helped, too. I am filing for an amendment tomorrow and have elaborated on my original submission (as well as other amendments) MJAY

Hi..... Thought I'd share a new one to me........ I have been preparing an ammendment prior to court date mid June...... Lloyd's solicitors had written to point out that there were some 'discrepancies' in the list of charges and to ask a string of questions. They were right... The claim was BIGGER than previously stated (not by much but there you go.......) So I replied and then of course needed to update the Court. I planned to copy their letter as part of the submission but it won't copy..... Cleaver bar stewards are using grey paper.... Won't copy and won't scan........!! Will draw attention to omissions in their bundle and ours when I send original to judge with a not saying 'won't copy'...... Do they employ someone to dream these things up....??

Hi BigMan! That's a real bummer....... I am in a different situation. Everything that needed a signature has been done in my son's name / address / signature etc. I just do all the 'business stuff' and write letters in which I call myself his 'agent'. There are a lot of very knowledgeable folk on this site.... Why don't you start a fresh thread seeking advice? Failing that, perhaps a discussion with the clerk of the court or your home insurance might offer an opportunity for a general discussion and advice.... Mary

Hi Barty Thanks for coming back to me.... "Overdraft usage fee" is what they are down as. Mary

I am working on behalf of my son and the case has been referred from MCOL to the local County Court. When the information came with this decision, the Form N24 (General form of judgement or order) dated 12/04/07 said "an allocation questionnaire be dispensed with". Now wondering if I need to provide the 'bundle' I've just read about on line........ fingers crossed for next month... Mary

My son is a skilled tradesman who is paid weekly. He was with TSB which eventually became Lloyds TSB. This bank has done some outrageous things over the years (e.g. charging the same amount as the 'bounced' SO or DD... £64 on one occasion; defaulting a payment hours before his pay went in etc). The charges were such that for a period he could not break the cycle and the banks actions were making this impossible. As soon as I heard about claiming back charges, he moved his current account and I set about the business. The Court hearing is now set for mid June. I have been contacted by the banks solicitors asking for a "breakdown" (already sent), noting ‘discrepancies’ (true, I had omitted an amount of £55 and managed to (gulp) get the total wrong somehow... about £500 more than originally stated). I had just got the bundle ready for the post (copied to the court) when I heard about the judges decision last Tuesday. I have been trying to get my son's overdraft "fees" back - as well as the penalties for unpaid direct debits & standing orders. These "fees" varied frequently and jumped up and down between £6 / £12 / £15 & £27.50 sometimes changing several times in a matter of months. Can I claim these so called "fees" or are they not covered? I have also tried to claim back to 1996 under s.32 (1) (b) of The Limitation Act 1980 – on the grounds that basically if they are acting illegally in last six years therefore they were acting illegally from the start..... If the whole claim and interest was repaid, it would be about £3500, a 'life-changing' amount to my son at the moment..... Worse still, I cannot be at the Court hearing and I know he would not fare well in the witness box..... I feel 'frozen' with fear that I might blow it for him and just don't know whether to (a) send the amended (higher) schedule of costs to their solicitor and copy to the court (b) ignore the solicitors letter completely but send the amended schedule of costs to the court © take out all the 'overdraft fees' and / or only claim for last six years (d) climb under my duvet, sleep until July and pretend I've never heard of getting bank charges back..... Any help or advice at all would be appreciated…….. Soon please……… That duvet is looking better by the minute… In despair……… Mary

Hi Tinkerbell! Thanks for any responce....... I guess I am asking about how others from Lloyds used the spreadsheet available on this site...... Those headings and the ones on the Lloyds statements are quite different. Don't quite know whether I am being a bit dense or reading too mush into it....... Mary

Hi! Iam pursuing this on behalf of my son who is a thirtysomething workaholic. I wrote and got all back statements from when he joined the bank about 1996. I am now ready to attack the spreadsheets but most of his charges are either 'cos he went over the overdraft limit (DD hitting day before his payday) or bounced DDs. Have any of you used the template and just made entries as per the banks 'summary' sheet? I reckon it's about £1100 in past six years but charges go back well before then. Look forward to any advice. Many thanks. Mary

You Welly Thanks for that, good buddy....... lost a little hearts when looking into more depth...... He banks with LLoyds but has been with the bank since Dick docked and joined when it was TSB. Will go to that Forum and have a read. Night night and thanks again. Mary

Hmmmm....... Now don't know where to post this.........? Sorry if I've got it wrong. When I look at the entries on the sample spreadsheet, none of what I'm seeing in my son's account seems to fit.......... Maybe he isn't entitled afterall........ His fees (approx. £1000+ in six years) come mainly from exceeding his overdraft and sometimes from 'bounced' direct debits........ On some occassions the debit hits the bank the day before pay day. They bounce it then charge him between £30 - £60 for the priveledge. Sometimes this is three debits on one date and adds up to circa £90 for bouncing things on one day!! BUT......... HE IS OVER HIS OVERDRAFT ON ALL OF THESE. Does the law still apply? Hoping for advice. Mary

Mornin' Welly! I have followed your link (thanks for that) and indeed, it does look possible....... When I requested the statements, I asked for them to be from when the account was opened and in my ignorance of the s32 caveat said nothing to suggest a longer claim..... good luck rather than good judgement, eh? Andy will bring his statements later today....... Cannot wait to get started! Thanks for your help......... It's nice not to be alone in this!! Cheers Mary

Thanks for the advice welly, indeed I will (and have done some already.......) read around the Forums and FAQs. I looked at the spreadsheets earlier and puzzeled over some of the heading / entries but hope it will become clearer after further reading....... Gulp! Dave, really intrigued in what you hinted at....... More than six years? Interesting, the bank have provided records further back (as requested) but seem to have offered more / different info for the past six years...... I haven't seen the docs yet as my son is on (very long) night shift and will drop them in tomorrow. He has started to have some hope (...expectation....faith...??) and has added up at least £2500 in last six years!!! He is in his own first home and largely a single parent, this would be a Godsend for him...... I would welcome any information you can give........ Come back to me, good buddy. Cheers Mary

Hi to all! Encouraged by the message that I've never posted, this is a "Hello". I have started the process of reclaiming charges on behalf of my son. A thirtysomething workaholic who has seen his good money eaten by his lousey bank for years, he is sceptical about getting anything back!! The first step has been successful i.e. his bank did exceed the 40 days but has now sent details of his charges...... WoW!! It is a great pity that only six years can be reclaimed as his serious charges well pre-date that time and he has been running his account in reasonable order for the last two years..... Anyway, nothing ventured nothing gained!! Will keep you posted. Mary