Lloyds claim - **WON _ Amazing win based on UTCCR's**

[AndyOrch]

Breach of Statutory Duty

 

The defendant is a firm regulated by the FSA under the Financial Service and Markets Act 2000 and as such is subject to the Banking:Conduct of Business Regulations (BCOB) 2009 which requires inter alia that firms treat their customers fairly (R.5.1.1). and also s.140a Unfair Relationships CCA2006 amendments.

 

 

The claimant is a consumer as defined in the FSA Sourcebook

 

From the [XXXDATE] to [XXXdate] the defendant supplied current account services to the claimant - account reference number [XXXXXXXXX]

 

In breach of their statutory duty to the claimant, the defendant acted unfairly in that they throughout a period of financial difficulty continued to levy excessive charges and interest from the Claimant with no regard to the Claimants financial difficulty.

 

Description of Unfairness

 

The defendant's treatment of the claimant was unfair, not least because:-

 

The claimant has held an account with the defendant for XX years

The charges and interest levied from the account added substantially to a period of financial difficulty

The charges levied from the account total £838 and were levied throughout a short period of time during which the Claimant faced financial difficulty.

The Defendant marked the Claimants credit file in default on 24 December 2010 despite the Defendant alleging that a breach occurred a significant amount of time before, making the default marker inaccurate and unfair due to the added amount of time it will be present on the Claimants credit file.

 

And the claimants requests an order pursuant to s.140b that the court make it fair

And the claimant claims £838 compensation for actual loss plus interest pursuant to s.69 County Courts Act 1984. Total £1249.59

 

 

I believe that the fact laid out in this particulars of claim are true

[orfoster]

Hi Andy,

 

Thanks, I'm using MCOL to issue the claim and submitting the schedule of charges and will submit the POC's separately.

 

Does the MCOL just need to say;

 

The Claimant claims that the defendant is a firm regulated by the FSA under the Financial Service and Markets Act 2000 and as such is subject to the Banking:Conduct of Business Regulations (BCOB) 2009 which requires inter alia that firms treat their customers fairly (R.5.1.1). and also s.140a Unfair Relationships CCA2006 amendments.

 

In breach of their statutory duty to the claimant, the defendant acted unfairly in that they throughout a period of financial difficulty continued to levy excessive charges and interest from the Claimant with no regard to the Claimants financial difficulty.

 

And the claimants requests an order pursuant to s.140b that the court make it fair

 

And the claimant claims £838 compensation for actual loss plus interest pursuant to s.69 County Courts Act 1984. Total £1249.59

 

 

I believe that the fact laid out in this particulars of claim are true

 

That takes me to 734/1080 characters.

 

Cheers

 

Oli

[AndyOrch]

Yes that's fine....take out the statement of truth...not required.

[orfoster]

Just a quickie.

 

Just seen the charges are 2 April 2007, 1 August 2007 and onwards but those two are outside limitations.....do I leave them out or can I put them in? I don't want the whole claim struck out if I put them in.

[orfoster]

Claim issued (I took out the older charges to be on the safe side).

 

Lets wait and see what happens......

[orfoster]

Hello,

 

I issued the claim with MCOL, I'm pretty sure thats ok but researching the CCA procedure here http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07b....it says the POCs should be issued with the claim form, the claim was issued today and apparently I have 14 days to send the full detailed POCs.

 

I was gonna wait a few days before I do send them in, what do my fellow caggers think?

[AndyOrch]

Depends how much detail you want in the P.o.C what we advised is enough to start the ball rolling.If you intend to attach a spread sheet or anything else then you you will have to submit a more particularised copy to the defendant.

 

Not the way I would do it because again you are showing all your hand in round one...you can expand on the charges and amounts at either your Case Summary or Witness Statement or Disclosure stage.

[orfoster]

Ahhh Ok.

You see I only submitted a very slimmed down version of my original on MCOL. I definitely don't want to show my hand too early.

 

If I can add the spreadsheet later then I'll do that then later down the line. Have just ordered the Small Claims guide by Patricia Pearl for some bed time reading.....

 

I did though "tick" the box on MCOL saying I would send them more detail....am I obliged to or can I just not and they have to respond to what I've sent them in the claim form?

[AndyOrch]

Well just send a copy of the spread sheet and amounts...don't expand on the PoC.

[orfoster]

Breach of Statutory Duty

 

The defendant is a firm regulated by the FSA under the Financial Service and Markets Act 2000 and as such is subject to the Banking:Conduct of Business Regulations (BCOB) 2009 which requires inter alia that firms treat their customers fairly (R.5.1.1). and also s.140a Unfair Relationships CCA2006 amendments.

 

 

The claimant is a consumer as defined in the FSA Sourcebook

 

From the [XXXDATE] to [XXXdate] the defendant supplied current account services to the claimant - account reference number [XXXXXXXXX]

 

In breach of their statutory duty to the claimant, the defendant acted unfairly in that they throughout a period of financial difficulty continued to levy excessive charges and interest from the Claimant with no regard to the Claimants financial difficulty.

 

Description of Unfairness

 

The defendant's treatment of the claimant was unfair, not least because:-

 

The claimant has held an account with the defendant for XX years

The charges and interest levied from the account added substantially to a period of financial difficulty

The charges levied from the account total £838 and were levied throughout a short period of time during which the Claimant faced financial difficulty.

The Defendant marked the Claimants credit file in default on 24 December 2010 despite the Defendant alleging that a breach occurred a significant amount of time before, making the default marker inaccurate and unfair due to the added amount of time it will be present on the Claimants credit file.

 

And the claimants requests an order pursuant to s.140b that the court make it fair

 

By virtue of the above unfairness the claimant has suffered loss and inconvenience

 

Particulars of loss

 

You should list out each item of loss you have suffered - e.g:-

Bounced direct debiticon charges from some third party - £xxx

Higher cost of credit - £xxx

Cost of phone callsicon - £XX

Cost of postage and special delivery costs £XX

 

Total - £XXX.XX

 

Particulars of inconvenience

 

Describe briefly what problems you have suffered as a result of the bank's unfair treatment of you, e.g:-

The claimant was unable to purchase food for herself and for her children and was obliged to seek help from family and friends

The claimant was obliged to cancel a holiday

etc etc etc

 

If you are claiming for inconvenience then you should estimate an upper limit for the damages you want. Keep it moderate and realistic as your claim fee will reflect the maximum amount you put on your claim form.

 

 

And the claimant claims £838 compensation for actual loss plus interest pursuant to s.69 County Courts Act 1984. Total £1249.59

 

 

I believe that the fact laid out in this particulars of claim are true

 

That's what I was going to send them with the spreadsheet. If you think I should literally just send the spreadsheet and not the above then I won't.

 

The above is the BCOBs POC template I found here http://www.consumeractiongroup.co.uk/forum/content.php?833-BCOBS-particulars-of-claim-template

[AndyOrch]

No the one I advised and which you submitted vis a vis MCOL is adequate for now just send a copy of your spread sheet and retain the rest for your WS/Case Summary.

[orfoster]

No the one I advised and which you submitted vis a vis MCOL is adequate for now just send a copy of your spread sheet and retain the rest for your WS/Case Summary.

 

Ok will do.

 

I'm in the process of sending it now. I'm claiming £150 for high credit as a result + £25 for postage + £25 for inconvenience as per the BCOBs template.....I haven't mentioned it in POC's but understand as you've said I can do this in my case summary later. It is itemised on my spreadsheet though so all of what I'm claiming is there.

[AndyOrch]

The amount must be in the total claimed on the N1...it cant be added later

[orfoster]

Hi Andy,

 

It is the total amount claimed on the N1 I just haven't gone into specifics on the N1 and the spreadsheet says;

 

O/Draft Excess Fee 30.00 1-Oct-2007

O/Draft Excess Fee 78.00 3-Mar-2008

Unplanned Overdraft Fee 27.00 1-Apr-2008

Unplanned Overdraft Fee 165.00 1-May-2008

Unplanned Overdraft Fee 165.00 2-Jun-2008

Unplanned Overdraft Fee 75.00 1-Jul-2008

Returned Standing Order 25.00 1-Jul-2008

Unplanned Overdraft Fee 75.00 1-Aug-2008

Unplanned Overdraft Fee 33.00 2-Mar-2009

Unplanned Overdraft Fee 75.00 1-May-2009

Loss - High Credit 150.00

Loss - Postage 25.00

Inconvenience 200.00

All of those above total the value of the N1, I just haven't gone into what the ones in red mean.

 

Oli

[AndyOrch]

Ok that's fine

[orfoster]

Hiya,

I did a search on google earlier for BCOBs....found on another forum that they do not believe an individual has recourse under BCOBs.......

[AndyOrch]

"The simplest way for an ordinary individual to bring an action based on BCOBS is to allege that the BCOBS requirements form part of your current account contract (which they do) and that by breaching BCOBS, your bank has committed a breach of contract (which it has).

 

Keep your claim for compensation modest......".http://www.bbc.co.uk/news/business-19511542

[orfoster]

I have received a letter from SCM Solicitors this morning which included the Defence which Lloyds TSB rely on.....

 

[ATTACH=CONFIG]45819[/ATTACH]

[ATTACH=CONFIG]45818[/ATTACH]

 

I think they have got themselves quite confused as their defence seems to rely entirely on the UTCCR which isn't mentioned anywhere on my POC's.

 

Also they say I was sending more detailed POCs within 14 days of issue, I was of the understanding it was 14 days from service! Anyway, the schedule which I sent in was posted 1st class recorded yesterday morning.

 

I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

 

Anyway, have a look.....I assume they are trying to frighten me into withdrawing the claim, something which I am not prepared to do!

 

Thoughts on the attached?

[orfoster]

"The simplest way for an ordinary individual to bring an action based on BCOBS is to allege that the BCOBS requirements form part of your current account contract (which they do) and that by breaching BCOBS, your bank has committed a breach of contract (which it has).

 

Keep your claim for compensation modest......".http://www.bbc.co.uk/news/business-19511542

 

Thanks Andy, this explains it perfectly. I also found the schedule 5 which is referred to in the link you've given which also explains private individuals can take action.

 

Cheers for your help.

[citizenB]

When you had these "unplanned overdrafts" - did they write to you about them.

 

What was the value of the first unplanned overdraft ?

[orfoster]

When you had these "unplanned overdrafts" - did they write to you about them.

 

What was the value of the first unplanned overdraft ?

 

Hello CitizenB,

 

Here is exactly what I'm claiming and in their SAR there is no evidence to show they wrote to me only that it appears on the statements.

 

I can't remember if they wrote to me. All I will say is that I repeatedly told them I was struggling.

 

O/Draft Excess Fee 30.00 1-Oct-2007

O/Draft Excess Fee 78.00 3-Mar-2008

Unplanned Overdraft Fee 27.00 1-Apr-2008

Unplanned Overdraft Fee 165.00 1-May-2008

Unplanned Overdraft Fee 165.00 2-Jun-2008

Unplanned Overdraft Fee 75.00 1-Jul-2008

Returned Standing Order 25.00 1-Jul-2008

Unplanned Overdraft Fee 75.00 1-Aug-2008

Unplanned Overdraft Fee 33.00 2-Mar-2009

Unplanned Overdraft Fee 75.00 1-May-2009

Loss - High Credit 150.00

Loss - Postage 25.00

Inconvenience 200.00

[Ocelot0411]

I think you need to get your POC to them if you have not already as this would appear to be a standard 'bank charges' response on the abck of the OFT case but as you say you are not claiming under UTCCR. It is amusing that there own solicitor refers to the charges as 'penalty' charges in his covering letter. Whoopsie.

[orfoster]

Hello,

 

I've sent them basic POCs as Andy advised so not to give the game away but sent them the schedule of what I'm claiming yesterday, however I am still within time to send them 'more detailed particulars' should I send them the POCs again but with 138D on?

 

It's so late, what is the significance of him referring to penalty charges?

[Ocelot0411]

Not a great deal unfortunately on the reference to penaty cahrges as its only a covering letter and therefore not part of the defence. Its just amousing that the defence goes on at great lenght that these are NOT penalty charges then the solicitor says that they are! Just shows they are numpties really.

 

When it comes to bring a court case you have to show your hand from the get go as the POC are the basis of your claim. If you don't raise your argument at that stage then you may not be able to raise it later. You need to be entirely transparent as if you do get to court the judge will expect you to have fully presented your case to your defendant and enabled them to respond to it fully, which it seems at the minute you haven't really done.

 

POC need to be detailed and set out everything you intend to argue in court, so yes do them ASAP and refer to 138D.

[orfoster]

How about this;

 

Particulars of Claim

Breach of Statutory Duty

1. The defendant is a firm regulated by the FCA under the Financial Service and Markets Act 2000 (as amended), the claim is brought pursuant to Financial Services Act 2012 s138D and as such the defendant is subject to the Banking Conduct of Business Regulations (BCOB) 2009 which requires inter alia that firms treat their customers fairly (R.5.1.1) and also s.140a Unfair Relationships Consumer Credit Act 2006 amendments.

 

2. The claimant is a consumer as defined in the FCA Sourcebook

 

3. From the [XXXDATE] to present the defendant supplied current account services to the claimant - account reference number XXXXXXXX sort code XXXXXX “the account”

 

4. In breach of their statutory duty to the claimant, the defendant acted unfairly in that they throughout a period of financial difficulty continued to levy excessive charges and interest from the Claimant with no regard to the Claimants financial difficulty.

 

Description of Unfairness

5. The defendant's treatment of the claimant was unfair, not least because:-

a. The claimant has held an account with the defendant for 7 years

b. The charges and interest levied from the account added substantially to a period of financial difficulty

c. The charges levied from the account total £748 and were levied throughout a short period of time during which the Claimant faced financial difficulty.

 

6. The Defendant marked the Claimants credit file in default on 24 December 2010 despite the Defendant alleging that a breach occurred a significant amount of time before, making the default marker inaccurate and unfair due to the added amount of time it will be present on the Claimants credit file.

 

7. By virtue of the above unfairness the claimant has suffered losses.

Particulars of loss

Charge Reason Charge Amount Charge Date Days Interest

O/Draft Excess Fee 30.00 1-Oct-2007 2134 17.05

O/Draft Excess Fee 78.00 3-Mar-2008 1977 40.34

Unplanned Overdraft Fee 27.00 1-Apr-2008 1949 13.72

Unplanned Overdraft Fee 165.00 1-May-2008 1919 82.29

Unplanned Overdraft Fee 165.00 2-Jun-2008 1888 80.68

Unplanned Overdraft Fee 75.00 1-Jul-2008 1859 35.99

Returned Standing Order 25.00 1-Jul-2008 1859 12.00

Unplanned Overdraft Fee 75.00 1-Aug-2008 1829 35.29

Unplanned Overdraft Fee 33.00 2-Mar-2009 1613 13.37

Unplanned Overdraft Fee 75.00 1-May-2009 1554 29.08

Loss - High Credit 150.00

Loss - Postage 25.00

Inconvenience 200.00

 

Total - £1123

8. And the claimant requests an order pursuant to s.140b that the court make it fair.

 

9. And the claimant claims £1,123 compensation for actual loss plus interest pursuant to s.69 County Courts Act 1984. Total £1482.81

 

10. I believe that the fact laid out in this particulars of claim are true