I am claiming against LTSB, however their T&Cs state that for accounts opened in scotland then scottish law applies.

Does this preclude me from taking them through the English systems?

Hi Folks,

I have a general PPI question that I was hoping someone could comprehensively answer.

When taking out PPI insurance this is usually added to the total loan amount, and then interest charged on it. Is this process unlawful at all?

Seems I am now going to go down the FOS route. Can I push CI through the FOS and maybe even damages? Or am I stuck with just the charges and statutory interest?

You can not claim consequential losses in restitutionary claims. Restitution looks at the gain of the defendant and not the loss of the claimant.

Now I am totally lost....so I claim for damages then?

Were the loans taken out with the bank you are claiming from?

No, the loans were not taken out from the same bank.

I was defaulted in March 2002 on 2 accounts, this in turn killed my credit record. I am arguing that had the bank charged the real £2-£3 that they are entitled to then I would have been able to keep up the repayments as the bank had taken £500 in 3 months prior to the defaults.

In turn the defaults meant that when I needed to borrow money for a car this was done at higher interest rates due to my credit rating. So I am arguing 10% consequential losses on the lifetime of the new loand. 20% that I paid compared to 10% I should have been able to get from a normal lender if the defaults hadn't occurred.

The 2nd loan was because i had been hammered to the tune of £1800 in bank charges over 6 months. Again, same logic, but for this loan i am claiming back the full amount.

All in all it is coming to around £8000. I am also considering adding further consequential damages for the state my credit record is in at the moment, but I am still not 100% sure on this one and how to quantify it.

Progenic.

I think you may need to distinguish between consequential losses and damages.

I am claiming for the consequential losses due to the charges. Basically the interest on 2 loans that I had to take out to cover the charges. My arguement remains the same, had they only charged £3 (true costs?) then I would have had more money to repay other financial comittments.

Just from your signature I see you have a few claims all with damages happening at the same time...it may be hard to prove the actual damages you incurred if the total claim amount is quite small.

Hi Debt Mountain,

Interesting thread, just one question if you don't mind. Do Clysdale's term and conditions in any way specify what law applies? If its scot's law then you may not be able to claim in an english court and could have the claim struck out for it I believe.

Hi progenic,

I actually live in scotland and am bound by scots law. (unfortunately).

Which leads me to the next point...after muchos tequila I have decided to go down the FOS route...so letter to TSB going out tomorrow morning with CI & damages and after 14 days I will deem their usual lack of reply as their final offer and go through the FOS.

This is not the course of action I was wanting, however, judging by the whole jurisdiction process I feel a little safer going through the "proper" route. Guess I will just have to wait and see what the FOS say.

Sorry guys if it's already here, but can I claim the 8% interest and the compound interest aswell?

Thx for help

In theory yes, in practice no as this could be deemed unfair enrichment.

Gay, I'd be grateful if you could cast a wie eye ove it before it it sent off.

hehe...I'm sure Gary won't mind.

Oh, letter looks good, Watchdog or Whistleblower could be interested in this one, especially due to the anguish that you have been through.

Anyway, hope you are keeping your heads above water.

Same boat progenic,

Some interesting points regarding damages on my thread...there seems to be quite a divide between those who feel that you can claim back damages and those who don't...

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/54034-reddeath-lloyds-tsb-10.html

subbing in on this one...great fighting spirit mate!

And because i would relish actually facing the defence in court i wanted a means of leverage to force their hand into court, i beleive (like tom) this is about the only way it can be done.

Yes...I would relish the day in court as well. Just asking for them to disclose the true costs in relation to charges would be quite entertaining.

I'm going for damages as well and Brennan's case makes an interesting high profile tester case...

PM...sorry for hijacking this thread. The time must be close for you so I take it you may have gone underground at this stage. Good luck!!!

FAQs - complaints about bank charges

You can complain to the FOS (Financial Ombudsman Services) for the threatening letter to close your account, as you do have the right to complain.

There are a couple of templates there that seem quite good, though I have only scanned at them. However, seems to imply that you may get some kind of compensation for them closing the account...so....depending if you can live without the account, it may be worth getting them to close it and then puruse another little claim against it. The FOS would handle the whole lot so possibly £200 for 1 letter, oh and their bully tacticts get reprimanded as well.

Good luck with it, not long to go now before they pay up.

BBC NEWS | Business | Court adjourns bank charges case

Well, friday the 13th has come and gone and Tom Brennan's case has been post poned...the banks bought more time.

Seems to be raising all sorts of arguements...

http://www.consumeractiongroup.co.uk/forum/general/80802-tom-brennan-natwest-could.html

Bank Fodder's thread was quite interesting as well...

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/81799-issues-raised-llloyds-bank.htm

I thought that the guy was claiming for damages, turns out it is tort. Nice!

When claiming exemplary damages I take it that these should be based on the principle that no one should profit from this situation.

So how would you go about quantifying it?

I thought every month when they took the charges get allocate the same value in shares at that time...then when claiming state xxx shares = £££££

Yes, I really do have ££££ in front of me.

I take it that Claims + CI + Damages + Exemplary Damages = BAD IDEA

Just subbing to this one...very interesting reading.

Guys,

 

The largest claims are going to come from damages which were caused as a direct result of something the banks did, or did not do.

 

Where would you be had the banks not acted the way they did?

 

Tide

Ha...very interesting question! What would be interesting to know is has anyone been successful in claiming back damages?

Push for CI, push for CI!!!

I would go for 14 days from when they received it. 1 extra day is no biggie, just makes you look a little bit fairer.

What???? I like inappropriate pictures...oh well, guess I won't have something to cheer me up while these banks are getting me so so down, ehm, doubt the sympathy vote will work.

Judging by the timestamp I only just missed that picture by minutes, damn, must have been funny!

Bill, I'm liking the ostrich mate!!!

Some interesting things happening all round at moment.

Things are starting to move fast now, and in our favour for a change.

Sometimes we all miss the simplest things and over-complicate stuff for ourselves...

[Michael Caine voice-over] Hold on, I've just had an idea.

Glenn, Bill, Bong and PM hope you don't mind a pm.

RCR,

I would carry own down with the claim. If they offered you 270 I would imagine the total claim would be around £800. Add interest, a wee bit of stress and anguish and costs, and it should mirror my claim with capital one.

I am shocked that they actually threatened to close your account. I don't believe they can do this. I had actually found a bit of law that you could quote but I can not seem to find it. I will carry on looking for it.

So have you already sent LBA?

If that is the case its time to go to court. Fill out the forms, post here if unsure and then send them a letter stating that as they did not fully resolve your claim you are now proceeding to court and give them the date of the hearing. Then say that you are also sending their threat to close your account to the OFT and copy the letter in to MBNA.

Stand your ground and claim it all back!!

Glad you are back. Stuck at work so i'll catch up with you when I get home.

Go get 'em!

Its good to know you have done your homework. Just looking out for you and wanting this to go as smoothly as possible.

Even if the product has been discontinued they need to hold on to the statements for a minimum of 6 yeras i think, so even though they are fobbing you off the data does exists. You may have to fight for it but hey, it's worth it in the end.

I have the address for their DSAR department at home, the people that deal with statements so I'll post that for you. I think they might be the best people to write to, though you will have to chase this up with phonecalls cause LTSB really do delay as much as possible. Send the letter registered delivery as well.

The DSAR address may be in this forum somewhere, but pushed for time. I'll post it for you when i get home.

You seem knowledgeable, even if it is only £300 might as well add on some interest, bit extra cash.