Request for Payment sent on 9th March 2006

[intersimi]

hummm, still no refund of the charge!

 

I phoned the Branch manager who refunded the charge, and whom I recorded. They said they were sorry, the refund was showing on the system. After they checked, they said that they have a lot of refunds going through at the moment and that it should be paid in today.

 

It seems to be that either of two possibilies have occured:

 

a. They have not paid it back and were waiting to see if I chace it up

 

b. They do have a genuine backlog and this process is manual.

 

In eaither case it is not really acceptable. I recoreded this conversation too . But for my own private use (did not tell them)

[intersimi]

It has been quite a busy day today regarding Lloyds.

 

First of all, I get a phone call at midday in relation to my letter. The first letter requesting my charges back. The lady informed me of the terms and conditions (as she is programmed to do), I informed her that they are unlawful etc etc etc. She then went on to say that I have £70 of charges coming out of my account this month and that she would waive these charges as a king gesture from the bank. I informed her of my second letter and that I have given them another 14 days before going to court.

 

Then, I come home to find a latter stating that they have recieved by request for DPA and have 40 days from reciept of £10 payment to supply them (I did not send a cheque).

 

Then I check my home e-mail and see the following e-mails:

 

Letter Before action

 

Thanks for your e-mail.

 

I have passed this on to Mandy Horton, the designated case handler dealing with your concerns.

 

Regards

 

Keith Boden

Lloyds TSB

Service Recovery

Birmingham

 

and this one:

 

Our Ref : xxx/xx/xx/xxxxxx

 

Dear Mr Intersimi

 

Thank you for your e-mail's dated March 2006 and March 2006.

 

Unfortunately I am unable to add any further information to Mandy Horton's letter dated 10 March 2006 and can only refer you to the terms and conditions of your account. However, I respect that you have your own opinion about our charges.

 

Regarding your request for details of charges on your account since March 2000, I can advise that I am prepared to accept your request under the Data Protection Act. However I should point out that there is normally a £10 fee for information requested under Data Protection, although I am prepared to waive this on this occasion. I have asked for copy statements to be produced for the period in question, which will highlight the charges you have referred to and I will send these to you within the next three weeks, which I trust will be acceptable.

 

This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. I have attached a leaflet, which outlines how to contact them.

 

 

 

Yours sincerely

 

 

 

David Just

Assistant Manager

 

>

[intersimi]

QUESTION:

 

If I recieve my statements from Lloyds before court action, can I then include the charges going back 6 years (additional 2 years) rather than the 4 I have requested off of them so far, in the court claim?

[richardc]

Yes. When you issue your County Court claim, include all charges. The preliminary letters are invitations to them to start a dialogue.

[intersimi]

Would that include charges to other accounts withthe same bank?

[richardc]

Can you define a bit more clearly please.

[intersimi]

Sorry Richard.

 

I have two accounts with Lloyds, my main account, which I am in the middle of processing with the bank, plus a seperate account. My seperate account had charges applied to it a few years back.

 

Basically, I have only mentioned my main bank account in my letter to the bank. Can I also claim via the court for my other account charges?

[richardc]

I would suggest that you write now to Lloyds reclaiming the charges on your second account. Give them the 3 weeks, then combine the two in your claim to the County Court. Knowing the way the donkey's lawyers operate, this might be the easiest option for you even though it gives them a little more time. If the total claim is over £5000, however seperate them. Let one go through and then start second claim.

[intersimi]

I am on one claim now (main account) going back 4 years. This is almost £3000, when my statements turn up, I could well be close to the £5000, so I think I will only claim for the main account this time around, then when that is all done, make a start on my other account (only about £250 owed).

 

Would that be reasonable?

[richardc]

When you have done all the arithmetic come back.

[intersimi]

I had a large letter come in the post today containing all of my bank charges going back to August 2001, and then photo copies of statements going back to January 2000.

 

I have added up the total amounts and have a revised figure of: £3500

 

That means with the Interest from the courts (if it goes that far) it will be a total of: £3700 So that is what I will be claiming when I go to court. I am also going to e-mail LloydsTSB so that they know the revised amount.

[intersimi]

Here is my e-mail to the Bank:

 

I have now recieved my statements going back the full 6 years as requested. Please accept my thanks for this.

 

I am now able to make a corrected figure of the unlawful charges that you have taken from me over the 6 year period. The total figure now stands at £3500. The interest charge as originally stated by myself are not owed to me, as they are a lawful charge by yourselves.

 

I re-iterate that the charges I have requested are in the sum of £3500 since 7th August 2000. You have until 6th April to make full payment to me, or else I will proceed with legal action to retrieve the said amounts.

[intersimi]

I have had another letter from LloydsTSb and not a moment too soon I might add, as I am due to start my Court Claim tomorrow.

 

Dear Mr InterSimi

 

I am writing to acknowledge your e-mail dated April.

 

I have noted that you are requesting a full refund of charges amounting to £3500. However, I can only reiterate the comments that have been made to you in our previous correspondence.

 

You had the bank's final response on March 2006 and therefore, your recourse is now through the Financial Ombudsman Service.

 

Yours Sincerly,

 

Mandy Horton

Assistant Manager

[Spiceskull]

If you want to give them a final kick before raising your claim tomorrow, you may wish to send this to Mandy Horton:

I thank you for the furnished information regarding the Financial Ombudsman Service. Whilst I fully intend to raise this issue with the Ombudsman, I realise that I am able to do this in my own time, and will do so once the issue has been resolved to my complete satisfaction. I understand the bank's intention in offering this route to resolution, and am fully aware that this is merely a diversionary tactic, designed to stall my timetable, and to undermine my determination to seek full financial restitution for the inconvenience this has caused me.

[intersimi]

My Claim has been submitted via Money Claim. Once files, they have to check it. I am passed that stage now (take a day or so). Now my status on Moneyline is:

 

LloydsTSB

xxxxxxxxxxxx

Issued

Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply.

[intersimi]

I had a letter from the court today.

 

I know this website is not too clear in the process of what happens during the court process, so here is what my letter says:

 

Your claim was issued on April 2006

The court sent it to the defendant by first class post on the April 2006 and it will be deemed served on the April 2006

The defendant has until April 2006 to Reply.

 

The defendant may

+ Pay your total claim

+ File and acknowledgment of the service.This will allow the defendant 28 days from the date of service of your particulars of claim to file a defence or contest the court's juristiction

+ Dispute the whole claim. The court will send you a copy of the defence.

+ Admit that all the money is owed. The defendant will send you a completed admission form and you may ask the court to enter judgement.

+ Admin that only part of your claim is owed. The court will send you a copy of the reply form and you will have to decide what to do next.

+ Not reply at all. You may ask the court to enter judgement

 

So, my time line is as follows:

 

April - If no reply from the bank, I win and have to claim so via Moneyline

May - If Lloyds enter a defence, this is the court date

[andrewmews]

Hiya, I too have had exactly the same response letter. In your first post you said you felt you should prepare yourself for the worst - you need to prepare for this as I have gone through the letters procedure with Lloyds and no result. I will be issuing my claim at Court today or tomorrow. Do not look at it as 'the worst', look at it as an opportunity to get justice and get back what has been illegally taken from you.

 

The only issue I have is that since I sent the letters to Lloyds asking for a refund of charges for a specific amount, the amount has risen due to more charges. Do I now sue for the amount I have been asking for in the letters, or the new increased amount? I cant find this query anywhere so if anyone can advise I would be grateful.

 

AG

[intersimi]

You are probably best to start your own thread and get responses that way. You can then use it as a time line.

[intersimi]

Just recieved my acknowledgment letter from Lloyds Solicitor today.

 

They now have 28 days from date of service to file a defence.

[intersimi]

We have a number of people claiming now, a few should have gone through already, but we hear nothing else from the people claiming.

 

Are the banks winning any cases?

[Bookworm]

Er... Have you looked at the "Litigation concluded?" It's growing day by day...

[intersimi]

I have been looking at the litigations concluded section and it has slowed down considerably!

[intersimi]

The concluded section used to have new entries daily, not the last entry was over a week ago! I would not call that "growing daily"

[intersimi]

what?

[intersimi]

How about you send Bookworm a private message, rather than use someone elses post! You just confuse issues this way

 

 

MOD: Don't worry, I'll delete them from your thread. This is hijacking of the worst kind and won't be tolerated.