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Katel30uk

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Everything posted by Katel30uk

  1. Thanks, I won't quite believe it until the money is in my account! I'm not holding my breath, lol.
  2. I think I've WON! My AQ is due back in on Friday so I rang SCM this morning to see if LTSB would be prepared to settle. I was told that he couldn't find my file but that they wouldn't settle and I should just send in the AQ. Ten minutes later a copy of their AQ arrived in the post saying that they were asking for a further month so that they could attempt to settle the claim by informal discussion etc. Cue me ringing back and saying wasn't this rather contradictory as that was precisely what I had just tried to do. He blethered on about how they need time to make sure that the charges are correct and that you haven't tried to claim o/draft interest (which according to him you can't claim). I told him that as an intelligent and well educated woman it was quite obvious that I had researched all my facts before starting the claim and that they had had more than enough time to check the figures. At this point my file miraculously reappeared and lo and behold there was a note on the bottom of it to say they would refuld all charges but that I had to have a review meeting with the branch. I asked "does this mean they are prepared to settle the claim in full?" his answer, "yes!". He said they would send a letter out in the next week but I said that if it hadn't arrived by Thursday then I would be sending the AQ in anyway. He has said they will fax it to me before that so we shall wait and see... Hopefully it will all be sorted soon and a very Merry Christmas shall be had. Thank you all SO MUCH for all the help and advice. If someone can tell me how to go about donating I shall be doing so as soon as I receive my money. :D P.S. here's links to my previous threads http://www.consumeractiongroup.co.uk/forum/lloyds-bank/23390-katel-lloyds-tsb.html http://www.consumeractiongroup.co.uk/forum/lloyds-bank/46765-ltsb-defence-can-anyone.html
  3. I've received a copy of their defence today along with the allocation questionnaire. Amongst all the usual blurb is the folowing paragraphs: 2. The particulars of Claim do not comply with the Civil Procedure Rules as (amongst other things) they do not fully identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £XXXX is arrived at and the Particulars of Claim are too vague. 3. The claimant should therefore be ordered to file and serve an amended claim to set out the basis in law and fact for their claim as there is no real pleased basis for the claim itself. The claimant should give full particulars of the bank account and the charges they are seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in each case they allege it is a disproportionate penalty and thus unlawful. 4. The defendant should then be given the opportunity to defend the proceedings further. I don't understand this? I send a full schedule of charges with both my preliminary and LBA and also an additional two copies to Moneyclaim. Are they just playing silly buggers and what should I do? The AQ has to be returned by 2 December, is it worth ringing Sechiari Clark & Mitchell prior to this to see if they are willing to settle? I'm pretty sure others have done this but I can't remember which threads they were on. Thanks :?
  4. Well, true to form LTSB have waited right until the last minute and submitted their defence, disputing the full amount claimed. I presume I just sit tight now and wait for the case to be allocated to a local Court and for them to send me the allocation questionnaire. I know some people have contacted Sechiari, Clarke and Mitchell once they have received the AQ and they have agreed to settle at this point? Is it worth me trying this and can anyone point me in the direction of any other posts whereby the poster has done this? Thanks and hope everyone else's claims are going well. K
  5. Can anyone help with this please. My claim against Lloyds was served on 10 October via Moneyclaim and it said that it would be deemed as being served five days from that date (15 October). However, LTSB acknowledged the claim on 12 October. I know they have 28 days from the date of the claim to submit their defence but in this case would it be 28 days from the date they acknowledged the claim (which would have been today) or 28 days from the date Moneyclaim originally said it would be deemed as served, 15 october, in which case 28 days would be on Sunday? If the 28 days is up on Sunday does this mean that they will have to file their defence by tomorrow night? Help!!
  6. Well the claiwas served on 10 October and I've received a copy of the Acknowledgement of Service this morning saying that they're defending the whole thing. Time to sit and twiddle my thumbs for the next 28 days until they submit their defence. Is there anything I should be doing in the meantime???
  7. Thanks for your reply too Skbuncks, it is less than £5000 so I guess it will be small claims.
  8. Thank you. I didn't realise it was as straightforward as that. The claim is for more than £1500 so I guess that will be another £100 to pay out, unless Itry and do as otheres seem to have and call their solicitors to see if they are willing to settle before the AQ needs to be returned...
  9. I finally feel as though something is happening since I received this this morning. I know I now need to wait and see if they file their standard defence and wait for an Allocation Questionnaire etc but can someone tell me exactly what the AQ is and under what circumstances it needs to be completed. I've read up on this subject until I'm blue in the face but this is the one thing I can't quite understand. Thanks x
  10. Well it's started, I received our Notice of Issue this morning and it says that the claim will be deemed to be served as of 15 October. I suppose I just have to sit and twiddle my thumbs now and wait for them to file their standard defence.
  11. Hi Michael, thanks for that, I'll post them tomorrow. I assume one of the copies will then be forwarded to LTSB with the claim, is this correct? Thanks again K
  12. Hi, sorry I forgot to ask now that I have submitted my claim do I need to send another copy of my Schedule of Charges to Lloyds TSB and a copy of the spreadsheet calculating the 8% interest I am claiming and do I need to send a copy of this to the court as well once I receive notification as to which court it's going too???
  13. Hello all, it's been a busy months so I haven't been on for a while. Anyway, I finally submitted my claim via Moneyclaim website this morning, it feels GOOD! I should have submitted it 4 weeks ago when they failed to respond to my LBA at all, never mind within 14 days, but being skint last month meant I had to wait until today. So I guess I just sit and wait now and twiddle my thumbs! I'm off to update myself on who else has gotten money back from LTSB as well as Saj, what an inspiration! K x
  14. Congratulations Saj, you are an inspiration. I have just filed my claim on-line and hope I have as much success as you. Well Done!!!
  15. Thanks Sharon, that's really helpful. I've already looked into whether or not we're exempt from fees but sadly we have to pay them in full. K x
  16. It's now 14 days since I sent the LBA and now I need to sumbit my claim via Moneyclaim. Do I have to do this straightaway or can I wait? The reason I ask is that my husband hasn't been paid his overtime this month and I really can't afford the £120 fee needed (claim is for approx £4.5k). He gets paid again at the beginning of October and I can do it then but will I jeopardise my chances of claiming my money back if I wait this long? Thanks
  17. Thanks rdeload, it was just the bit at the bottom I was wondering about: 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 the 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. It is the bit in red that confused me? Is it just their usual bollocks?
  18. Thanks, I thought that was probably the case but wanted to check. I've posted the full letter on Reload's template letter thread.
  19. I have now sent my prelim letter (no response other than acknowledgement letter saying they were investigating my complaint) and 14 days later my LBA (sent last Wednesday). Today I have received the following letter from them but I'm not sure if it's in response to the prelim or LBA. Is this the same as received by others? "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 of our 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 for you 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 is 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 an 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 us 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 the 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 thatr if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint throught the Financial Ombudsman Service you must do so within six months from the date of this letter. I have enclosed their leaflet that outlines how to contact them. Thank you once again for taking the time to raiise your concern with us. Yours sincerely Ms Musarat Siddique So is this pretty much the standard response to the prelim letter or is there anything I should be aware of? By the way my claim relates to a current account NOT a credit card as stated in their letter.
  20. I've received a letter fromLTSB today which I think is in response to my prelim letter (I have already sent my LBA last week as I hadn't had a reply by the time the 14 days was up). It looks like the usual bumph from Musarat Siddique, Assistant Manager, however there is a paragraph which states: "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 the 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 pricdes 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." It goes onto say that this is the bank's final response, yada, yada, yada... Is the above paragraph a standard response and are the highlighted sections right? The charges I am trying to reclaim are for my current account, NOT a credit card??? I'm confused!
  21. Thanks Kate. They replied within a week to my prelim letter saying they were looking into my complaint but since then I've heard nada! I sent off the LBA last Wednesday after the 14 days and still nothing. As soon as the latest 14 day period is up I'm straight on to Moneyclaim.
  22. Can someone verify this for me please... I sent my LBA off last Wednesday(even thought I still haven't had a reply other than "we're investigating your complaint" from LTSB) and I'm now counting down the day until I can file my Moneyclaim on-line. I've read all the info but just wanted to double check that it is at this point I can add on the 8%APR. I've used the spreadsheet on this forum and it has calculated that the interest on my claim of £3670 (dating from 19 Nov 01) is £631.26 making my total claim £4301.26. Does this sound right and am I right in adding on the 8% APR when I get to the Moneyclaim stage. Thanks
  23. Thanks Michael, the letter is now printed and will be winging it's way to LTSB tomorrow morning (recorded delivery of course!) Is it usual for them to not get back to you before the 14 days is up? Most other cases I have read up on seem to have a response very quickly after the initial "we are investigating your complaint" letter?
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