Spearmint v LTSB *** WON ***

[Spearmint]

Right then, this is my blog. Before I start on my valiant quest to kick those cockbags that are also known as Lloyds in to touch I have a couple of questions.

 

I've just read a post from someone who claims that they have all the info they need on the charges levied against them through internet banking. Can anyone confirm if this is an adequate move to make as the opening play?

 

As the first the bank will know of your intentions is the Preliminary approach for repayment that you would send, is this wise? Or would it be an ideal tactic as it may catch them off guard and thus may increase the chances of them settling for the full requested amount out of court and with little resistence.

 

If anybody can offer me some sound advice on the above tactic then it would be most appreciated.

 

Regards,

 

Spearmint

[reload]

Hi Spearmint,

 

My reload vs Lloyds thread (linky in sig) gives you info on how to get the charges listed via Lloyds Online in the first post. However, bear in mind that generally speaking the report will only go back to July 2002 - IE the last 4 years. Some people have recommended you start the process with this figure, and at the same time send off an SAR to get the full 6 year's statements.

 

You can then raise a seperate claim for the earlier years, or if Lloyds have pulled their finger out you can file for the full amount when it actually comes to making your County Court Claim. You will probably want to amend the Prelim Approach and/or LBA a little and let them know that is what you're doing, IE: add the sentence "Pending the information provided by my recent Subject Access Request, this figure will increase should I be forced to file a County Court claim against yourselves."

 

I will warn you though - Lloyds unfortunately play hardball, and will stonewall you right up to the court Allocation Questionnaire. I have posted up a 'Template Response' thread in this forum, which gives copies of the bog-standard template letters Lloyds use with pretty much everyone - you may need to search for it, probably on page 2 or 3 at the moment

[Spearmint]

Thankyou for the info, it does seem as if properly utilised, this site can give the claiment all the ammo he/she needs to take on the more stubborn organisations. Bring it on I say!

 

I did notice tonight online that the statements only go back to 2002 so I think I'll follow the well trodden path of correspondence via letter.

[Spearmint]

Bit of a late update but I'm only sending off the Preliminary approach for repayment as of today. So now the clock is ticking.

[Spearmint]

Still no reply from LTSB for the Preliminary approach letter, has anyone else had a similar experience?

[Sophie-Jane]

Still no reply from LTSB for the Preliminary approach letter, has anyone else had a similar experience?

 

Hi

 

As far as i'm aware, I have not heard the Prelim letter responce taking this long with Lloyds

 

Normally, its very close to the 14 day deadline.

 

Have you checked when they received the Prelim letter, I take it you sent it Signed for / Recorded?

 

If they have not replied back after 14 days, I would personally send the LBA - Letter before Action Letter

 

You will get a Quick responce to that one.

[thourb]

If they have not replied to your Preliminary approach yet, you have already given them well over the 14 days allowed in your first letter.

 

Send them a LBA straight away.

[Spearmint]

I'm not even sure if they have received it. Damn, should of gone recorded delivery!

[Spearmint]

Right, I've just checked my account and it appear they have only just cashed in my £10 fee for the records on the 18th August. So I would be expecting something this coming week.

[Sophie-Jane]

only just cashed in my £10 fee for the records on the 18th August.

 

??????? You state only cashed your £10 Fee ??????

 

Now are we at the Data Protection Act - S.A.R - (Subject Access Request) stage or Prelim stage ??

 

They are different, The SAR / DPA stage is getting the information they have on you, including statements etc

 

The prelim letter is after you have your statements and know how much you are claiming for.

 

So what stage You at ??

[Spearmint]

Sorry guys the subject access request stage.

 

I have now received a massive file dating back to 1996!

 

Fond memories are recorded like me asking for an overdraft increase before joining the RAF.

 

Anyway I digress, can anybody give me any tips etc on how to decipher all this paperwork? Any help will be most appreciated.

[Sophie-Jane]

What you are seeking now are the Charges that have been levied against your account in 6 yrs, thats

 

From 22nd August 2000 to 22nd August 2006

 

Place each and every charge down on one of the spreadsheets, I recommend using the easy ones unless you wish to boggle your mind a bit

 

Once you have that info, then its the Prelim Stage

 

Remember Recorded Delivery

[Spearmint]

Ok, just having a look through my main statements and I could only spot the odd charge here or there.

 

Though looking at a section supplied by LTSB titled 'View Statement Entries' I notice a whole list of deductions.

 

Namely Overdraft usage fees, overdraft excess fees and unpaid direct debits all charges ranging from £20 - £90.

 

I take it these are the ones I can claim? As long as they are over £12?

[Spearmint]

Anybody?

[mandamoo9373]

Hi Spearmint - not sure about the usage fee I think thats a standard charge .... I have just put the claim into the court against TSb for unpaids DD's / So's and excess overdraft fees and have only just added on the 8% interest

[adamski]

You can claim back overdraft usage fees, most definately where the overdraft is an authorised overdraft solely comprised of penalty charges.

Regards

Adamski

[Spearmint]

And what if I have gone over my overdraft? Can the bank charge what they like or is any charge over £12 illegal?

[Spearmint]

My initial calculation shows that if I count every charge over £12 the bank will owe me £1024.50.

 

So am I right to include all charges inc the ones that are for me going over my agreed overdraft? Anything else I'm entitled too? Thanks in advance.

[Spearmint]

Anybody?

[Spearmint]

Sweet! Cheers Villaburd!

 

Having a look at some of my statements and it shows that several times the edit sods have docked me by £90 or more!

 

How on earth they can justify that I don't know.

 

Another quick check then I'll write out my Prelim letter.

 

 

**Moderator Note: Edited due to libelous content.

[Spearmint]

Ok just before I send this off I would like to make sure that I have the right address. Will it be the same address I used to send the Subject Access Request off to?

[Spearmint]

I know the above is a bit of a daft question but if anyone could shed any light on it, it would be most appreciated.

[Sophie-Jane]

Hi Spearmint

 

You can use any branch address, as the letter will be routed via the internal mail system, and will reach its destination

 

As a Rule, I usually do send letters back to the last person who replied

 

I did not need an SAR, so I just sent it to my local branch

[Spearmint]

Right, I'll send it off to where I got all my data from. Thankyou Sophie.

[Spearmint]

Hi guys,

 

Obviously I want to get this bang on the money (No pun intended) right first time so I'm afraid I have a couple more questions.

 

In my prelim letter I have copied the statement:

 

I calculate that you have taken [£****] plus [£****] which you have charged me in overdraft interest for the sum you have taken. [Total £****].

I enclose a schedule of charges which I am claiming with this letter.

 

Right question time......

 

(1) Which overdraft interest can I claim? All of it? Or just when the charges have put me into my overdraft or increased the amount I am into it?

 

And is it subject to the £12 rule as per the OFT rulings? As some of the overdraft interest charges are as little as 33p.

 

(2) What about overdraft usage charges? Most of the time they are around £5 and some as high as £9. Though never into the magic £12 zone.

 

(3)How do I make up a schedule of charges? Would that be through the use of the spreadsheet template on here or do I draft up something through Word?

 

Many, many thanks for your help.