Request for Payment sent on 9th March 2006

[intersimi]

lol. I had a letter today asking if I could contact the Branch Manager regarding charges. Funny because I spoke to her yesterday. This must be an automated response from India.

[intersimi]

Official response back via letter. Basically the same as everyone else:

 

Re: Account Charges for Overdraft Excesses and Returned Items

 

Thank you for contacting us about your complaint. i am sorry that you feel we've let you down.

 

Concerns

 

Before I go any further I think it would be helpful if I set out my understanding of your concern:

 

+ You feel that the charges you have incurred are contrary to the Unfair Terms in Consumer Contracts Regulation 1999

+ You are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.

+ You have requested that all charges incurred should be refunded for the past 4 years, amounting to £3353.65.

 

Background /Circumstances

 

When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also available from branch staff, telephone helpline or our website. While banking with us can be completely free, we apply charges if a customer foes not have enough money in their account to meet payments they have requested us to make.

 

You incurred charges because you did not ensure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits.

 

As a business we are entitled to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce. We advise our customers to ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each chequebook we request that funds are available before cheques are issues.

 

You accepted these terms when you opened your account and when you agreed your overdraft. We did not agree to pay your account in excess of the amount agreed without charges being made.

 

My Conclusion

 

Accordingly, I am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities, such as any debit cards, overdrafts and chequebooks. Alternatively, you may wish to consider alternative banking arrangements.

 

What happens next?

 

I realise that you will not be happy with my response, but you can ask the Financial Ombudsman Service to independently review your concerns. I have enclosed their leaflet that outlines how to contact them. If you do want them to look at your concerns, they need you to get in touch with them within 6 months of the date of this letter.

 

Yours Sincerely

 

Mandy Horton

Assistant Manager

 

Letter dated March

[BankFodder]

So, next step?

[intersimi]

Is this the correct letter to send next?

 

 

LETTER BEFORE ACTION

http://www.bankactiongroup.co.uk/forum/viewtopic.php?t=102

 

Also, do I have to wait the remainding time I gave them in the preliminary letter, or go ahead and post the letter before action?

[BankFodder]

You had better wait.

[intersimi]

Thought so. I will prepare my letter and save it

[intersimi]

I have just been reading the other posts and re-read the letter that I sent to Lloyds.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

I have said in my letter that if they do not respond positively within 14 days that I would send them the NOTICE BEFORE ACTION letter. As they have responded negetively (5 days after my letter was sent), could I not just go a head and send the notice before action letter?

 

I know this is m being impatient, but also, this is me doing what I said I would do in the letter.

[devans]

14 days is what you said, 14 days is what you should give.. No point giving them a technicality to trip you on later.

[intersimi]

true enough. It is just me being impatient. I will wait.

[lauraw78]

I have just been reading the other posts and re-read the letter that I sent to Lloyds.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

I have said in my letter that if they do not respond positively within 14 days that I would send them the NOTICE BEFORE ACTION letter. As they have responded negetively (5 days after my letter was sent), could I not just go a head and send the notice before action letter?

 

I know this is m being impatient, but also, this is me doing what I said I would do in the letter.

 

This is what I was getting so confused with yesterday, but I have decided to wait even though I know a few people who havnt, best to do things completely straight down the line that way theres no come back what so ever.

Good luck, will keep you informed on my progress too.

[intersimi]

I think we should (as already informed) keep to the deadlines we goven as we are the ones driving the claim.

 

So my next action should be the 23rd March.

[tony.jones1]

I am on the same time line as you - Got my responce today - exactly the same responce you got.

 

I am now drafting the letter to send on the 23rd...

 

Good luck...

 

Tony

[BankFodder]

...And good luck to you but please post your claim on a separate thread.

[intersimi]

I have just e-mailed, LlydsTSB regarding my DPA request, as I have had no confirmation of them recieving it.

 

Dear LloydsTSB,

 

I have on the 9th March posted a request to obtain a list of transactions and charges dating back to 8th March 2000. I have also requested that any manual interventions be disclosed and if no manual interventions had occured to please state this in your reply.

 

I have attached a copy of the original letter and wish to inform you of the deadline for this request, 40 days from 9th March, is still in effect.

 

Yours Sincerely,

 

Steven Simister

 

My account number was in the summary. I addressed it to [email protected] and [email protected]

 

funnily, I had an 'out of office' back from Penny:

 

I am out of the office on 20 & 21 March. Urgent enquiries to Nilima on 020 7522 5202.

 

 

 

---------------------------------------------------------------------------------------------------------------

This e-mail is intended only for the above addressee. It may contain

privileged information. If you are not the addressee you must not copy,

distribute, disclose or use any of the information in it. If you have

received it in error please delete it and immediately notify the sender.

 

evolvebank.com is a division of Lloyds TSB Bank plc.

Lloyds TSB Bank plc, 25 Gresham Street, London, EC2V 7HN. Registered in

England, number 2065. Telephone No: 020 7626 1500

Lloyds TSB Scotland plc, Henry Duncan House, 120 George Street,

Edinburgh EH2 4LH. Registered in Scotland, number 95237. Telephone

No: 0131 225 4555

 

Lloyds TSB Bank plc and Lloyds TSB Scotland plc are authorised and

regulated by the Financial Services Authority and represent only the

Scottish Widows and Lloyds TSB Marketing Group for life assurance,

pensions and investment business.

 

Signatories to the Banking Codes.

 

 

Merged threads, please stick to this 1

[Merly]

I'd say phone up Nilma and find out their email address as well

[BankFodder]

I'd say phone up Nilma and find out their email address as well

 

And let us all know what it is

[intersimi]

I phoned her, but she would not give me her e-mail address.

[intersimi]

I had a reply regarding my DPA request today:

 

Thank you for the e-mail.

 

I acknowledge your request for copies of statements/charge transactions on your account since 8th March 2000.

 

Your e-mail has been passed on to the Manager of the Service Recovery Unit and I have asked that he notes your requests and arranges for a response to be sent to you at the earliest opportunity.

 

Regards

 

Keith Boden

Lloyds TSB - Service Recovery

Birmingham

 

******************************************************************************

 

From:

Sent: 19 March 2006 22:24

To: [email protected]; [email protected]

Subject: Data protection Officer, Account No: xxxxxxxx

 

Dear LloydsTSB,

 

I have on the March posted a request to obtain a list of transactions and charges dating back to March 2000. I have also requested that any manual interventions be disclosed and if no manual interventions had occured to please state this in your reply.

 

I have attached a copy of the original letter and wish to inform you of the deadline for this request, 40 days from March, is still in effect.

 

Yours Sincerely,

 

 

[intersimi]

I am due to send my "letter before action" in 2 days time and guess what I recieved through the post today? Another letter from LloydsTSB asking me for them to carry out actions and could I wait 15 days.

 

well, I will be waiting for 14 days in 2 days time

 

Reference number: xxxxxx

 

I was most concerned to learn of your complaint following your recent communication. Thank you for contacting us.

 

I've arranged for a member of my Service Recovery team to carry out an immediate investigation, so that you will recieve a full response from us. Because of the issues you've raised, it may take a little time to gather all the information together, but we will respond to you within 15 days.

 

In the meantime I have enclosed a copy of the bank's booklet "How to voice yout Concerns" which gives you more details about resolving your complaints with us.

 

Yours Sincerely

 

 

Senior Officer

Service Recovery Centre

 

What I like is the personal touches they put in the letter. Notice how they don't refer to my actual details and the letter does not include the name of the "senior officer" but includes a squiggle of a signature.

[intersimi]

The money they promised they would pay back £30 is still not in my account. I guess another phone call to my manager is in order tomorrow morning!

[intersimi]

This is the letter I am going to be sending tomorrow morning:

 

My address

 

LloydsTSB

 

 

LETTER BEFORE ACTION

Date:

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxx

 

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £2983 plus £370.65 which you have charged me in overdraft interest for the sum which you have taken. Total £3353.65.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours faithfully,

 

 

 

InterSimi

 

I am concerned about the interest calculated and have a seperate thread going here regarding this: http://www.bankactiongroup.co.uk/forum/viewtopic.php?p=13365#13365

[intersimi]

ok, I didn't post the one above, I am posting this one tomorrow morning:

 

My Address

 

LloydsTSB

43 West Street

Fareham

Hampshire

PO16 0BE

 

 

 

LETTER BEFORE ACTION Date:

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £xxxx

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours faithfully,

 

 

Intersimi

[intersimi]

I have also e-mailed a copy to [email protected]

 

I added the comment that the e-mail is a copy and a letter has been posted the the address as indicated.

[Riggermortice]

I would suggest any e-mails that you send to the bank you obtain a delivery receipt and also a read receipt.

Print these off and keep a copy as back up. just in case of any denial that they have received it.

I did this when emailing TSB on the 10th with my charges request letter and have a receipt to prove they received it. Also got the response that it had been passed onto Keith Bowden, Service Recovery fo processing.

[intersimi]

My letter is addressed to the Fareham branch, but I am going to hand deliver it to my Local branch in Reading, so I know they have it