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Orge vs Lloyds


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Having started down the "path" with Barclays/Barclaycard, I am now thinking about trying to claim against Lloyds, as well. The only problem is that the account is very old (opened circa 1990) and was closed around 97-98.

 

I've read that Lloyds can be quite tricksy with older SARs but maybe they still have the info I need?

 

 

I'm getting quite familiar with the process now, so I don't mind a battle... However, I would rather not start something I can't win.

 

 

Thanks,

 

 

J

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Hi Orge.

 

As far as account information pre six years goes, you might as well start now, because it will be a fight to get any part of what you require. Do you actually need the info, or do you have statements covering any part, or all of the period?

 

A point to mention is that if you file a claim soon, you run the risk that LTSB will apply to have your claim struck out, on the grounds that it will have no chance of success by virtue of the Limitation Act.

 

You would then find it hard to persuade a judge not to agree with that, because the lawfulness or otherwise of default charges has not yet been decided.

 

Even if you succeeded, the claim would almost certainly be stayed, awaiting the test case outcome.

 

Otherwise, it’s a cakewalk!:D

 

Els

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Cheers Elsinore,

 

 

Sound like a challenge!! ;)

 

I don't have much in the way of statements for the account, as it was closed and settled such a long time ago. I am certain that were charges on it, as it was part of the reason I moved to Barclays.

 

 

Whilst I'm mindful that I'm probably on a hiding to nothing, I'm curious to find out how many charges might be on the account... Think I'll SAR them and see what happens!

 

 

I read in other threads that the Banks are treading dodgy ground with their service vs penalty argument. If it's proven in the high court that they are penalties, will this amount to concealment? I understand that this may have an impact on the Statute of Limitation.

 

 

Thanks for your advice,

 

 

J

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