stevokenevo v Lloyds ***SETTLED IN FULL***

[stevokenevo]

Hi, Ive just printed of my letter for the data protection dept, excited and nervous! Have read so much and taken so little in, all help would be appreciated

[reload]

Ello stevo, and welcome to the club

 

As mentioned in various other threads, take a look at the FAQ section, in particular the Frequently Asked Questions, the Step-by-Step Instructions, and the Rules of Engagement.

 

When you are familiar with these, you should then take a look at the Bank Templates Library, copy the letter you need to your word processor of choice, crack your knuckles, and get editing

[stevokenevo]

Thanks for the advice, letter to data protection dept posted yesterday. . . . . . .we'll wait and see, i shall continue to get clued up in the meantime

[stevokenevo]

I am now prepared to send of the data protection letters to barclaycard and for a LTSB credit card, can anyone confirm the address for LTSB is the same for bank accounts and credit cards? i sent off a SAR letter for my bank account, i have the address for barclaycard so thats not a problem.

[stevokenevo]

From what i am picking up in the other threads, seeing as i am in Scotland, Should any claim i make be in £750 increments starting from the earliest 6 years ago, or can i go for the total like everyone else..........thanks in advance ;-)

[stevokenevo]

That me been sat here for a full 6 hours, I have knocked up the SAR letter for my old credit cards now, ready to post in the morning, after reading some of reload's threads, i have calculated the sum of my charges for the last four years. £2084. I have used th template and put together a standard prelim request for a refund. including a schedule of charges. Oh i wish i was more patient, if i have any joy i shall go back and claim for years 2000 + 2001 later ;-)

[reload]

Meh, sorry I didn't reply earlier stevo - the heat down here's killing me

 

Looks like you've got things well in hand. I honestly can't say for sure that the credit cards and current accounts are handled at the same address, although chances are they'll be able to refer to your correct departments. As long as your letters are sent to a Lloyds division recorded delivery, I'm fairly confident in saying they'll cough up the statements

 

In terms of a claim in the Scottish court - being a southern pansy, again I'm afraid I can't really help you too much apart from to point out the Scotland General Discussion forum. I'm sure one of the guys oop norf can straighten you out in terms of splitting the claim

 

Lastly - I'm going to be doing exactly the same thing in terms of reclaiming the early years once my first claim is settled

[stevokenevo]

Thanks Reloadm, so far you have been a great help with the links you have left in your messages, these are the threads i spend ages trying to find, thanks again!

[reload]

No worries

[stevokenevo]

Ok, thats me sorted, I will be claiming the refund of my charges through the small claims court in scotland, therefore i shall be making 3 claims one after another, as they are settled (max limit is £750+exp) I am just waiting to receive my response to my prelim request for refund.....oh i know they will take this until the last stage, but i am 100% sure i will have a positive result, this must be the first time i wish i lived in England ;-) , purely so i could make the court claim in full, oh well its one step at a time. I have a new motto, stolen from someone elses thread ;-) "The banks charges DO NOT represent their actual costs for going overdrawn. Therefore they are not recoverable! if they suggest otherwise tell them to "PROVE IT!" jeezus ive gone all thelma and louise!!! one last point, i will be including a copy of the banks T&C with my LBA, as i see someone was taken all the way to court and one of their defence claims was she had not provided this with her claim, better safe than sorry i think!.

[stevokenevo]

Ok, i have received my first reply from Mandy Horton, Assistant manager at the customer service recovery centre, Birmingham. Looks pretty much like i've seen posted on here, a standard template response. A point to highlight from there response :-

" You've mentioned the new guidlines from the OFT on credit card default charges. We don't agree with the OFT's thinking on this and we're still talking it through with them. But the important point is that the guidelines only concern 'default' charges. The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard prices for the service we provide in these situations. So according to our legal experts, the OFT's guidelines on credit card default charges do not in any way apply."

I am presuming this is the normal response and i should proceed with the LBA.

Any advice would be appreciated.

[reload]

Hmm, that does appear to be a non-template response - however, it still doesn't address the other points raised by the PAR or LBA letters. So proceed as normal

[stevokenevo]

Ive left the flipping letter in work, something else which was added at the end, they hope i accept there explanation and fob off, and if they don't hear anything from me by september 4th, they will consider that an end to it, i've read september mentioned before, what was that about? i shall post a copy of the letter in full at somepoint tomorrow, and see if anyone has any comments, it's not put me off issuing the LBA,................ im just thinking out loud here

[Michael Browne]

The banks are worming and squirming trying to find different wording that they hope will sound authorative enough to put people off. In the end it's all hocus pocus. Ignore it and send the LBA 14 days after the prelim.

[elmarsh]

Hi,

 

This is my first post to the group having decided last month that I really should try and get back the £2k plus charges that my bank have taken from my account. I'm also in Scotland and wonder how far back I should claim for charges - 5 or 6 years? Also, with my charges exceeding the £750 small claims limit I'd be interested to hear how anyone else has proceeded - 3, or 4 separate small claims, or raise a summary cause action (£500-£5000)? Any help/advise would be most welcome.

 

Thanks,

ELM

[reload]

The Statute of Limitations for Scotland is 5 years, elmarsh

 

As for splitting charges - to be honest, you'd probably be best off asking some of the other Scottish members of the site in the Scottish forum - there should even be threads to read up on how people have proceeded, for that matter.

 

You may also want to start your own thread to log your progress

[stevokenevo]

HMMmm, does anyone else know if the internet banking site is down, or are they playing funny buggers with me now, i cant log in, getting code :139256 essential maintenence, it might be purely innocent, but i wouldnt put it past them, especially as my account has now went O/D again due to another charge!

[stevokenevo]

Internet banking is working again, didnt try it again all weekend so i presume it was just a technical hitch, Have printed of LBA, kept it standard, pretty short and to the point, i'm presuming they are not even going to read it anyway, and i shall receive my second automated refusal in the next couple of days, oh well, here goes.................

[stevokenevo]

Good day, I send this in addition to my letter before action which will be delivered today (20/07/06). I am disappointed to have received your template response, declining my request for a refund of unlawful penalty charges which have been removed from my account.

I had hoped to deal with this on a personal level, but, i understand you are inundated with these requests. I am also fully aware that Lloyds TSB have settled every single similair claim before court action. Please be aware i am fully intent on taking this all the way to recover what has been removed from my account unlawfully.

If you have taken the time to read this, you may forward this to the appropriate person, who can arrange the transfer of the funds back into my account number ********. Another template response will not be acceptable and will result in court action proceeding on the 02/08/06. If this goes as far as court i shall be claiming all cost incurred, and interest at 8% from the date of each unlawful charge on top of the amount below.

I have included below a copy of my latest request and a copy of the schedule of charges for your perusal.

 

Best regards

 

Stephen ******

 

 

 

 

Mandy Horton

Customer Care 125 Colmore Row

Birmingham

B3 3SF

18th July 2006

LETTER BEFORE ACTION

 

Dear Ms Horton,

 

ACCOUNT NUMBER: ********

 

I am very disappointed that you have failed to respond to my letter of the 4th July 2006.

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 £2084 .

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 4th July 2006.

I require repayment in full of this money and. 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,

 

 

 

 

 

Stephen ******

 

 

 

 

 

 

Stephen ******, Acc: ********

Request for repayment of charges

Schedule of charges : 01 August 2002 – 01 June 2006

1 Aug 2002

Unpaid D/D

£30

1 Dec 2003

O/D exc fee

£20

1 Nov 2002

O/D exc fee

£40

1 Dec 2003

Unpaid D/D

£120

2 Dec 2002

O/D exc fee

£20

2 Jan 2004

O/D exc fee

£20

2 Jan 2003

O/D exc fee

£60

2 Jan 2004

Unpaid D/D

£60

3 Feb 2003

UnP cheque

£30

2 Feb 2004

O/D exc fee

£20

3 Mar 2003

O/D exc fee

£20

2 Feb 2004

Unpaid D/D

£90

3 Mar 2003

Unpaid D/D

£60

1 Mar 2004

Unpaid D/D

£90

1 Apr 2003

O/D exc fee

£20

1 Apr 2004

Unpaid D/D

£90

1 Apr 2003

Unpaid D/D

£90

4 May 2004

Unpaid D/D

£30

1 May2003

O/D exc fee

£20

1 Oct 2004

O/D exc fee

£20

1 May2003

Unpaid D/D

£150

1 Nov 2004

O/D exc fee

£20

2 Jun 2003

O/D exc fee

£20

1 Dec 2004

O/D exc fee

£60

1 Jul 2003

O/D exc fee

£20

4 Jan 2005

O/D exc fee

£20

1 Jul 2003

Unpaid D/D

£30

1 Feb 2005

Unpaid D/D

£30

1 Aug 2003

O/D exc fee

£20

1 Mar 2005

Unpaid D/D

£64

1 Aug 2003

Unpaid D/D

£60

3 May 2005

O/D exc fee

£25

1 Sep 2003

O/D exc fee

£20

1 Jun 2005

O/D exc fee

£25

1 Sep 2003

Unpaid D/D

£150

3 Jan 2006

Unpaid D/D

£35

1 Sep 2003

Unpaid loan

£25

1 Mar 2006

Unpaid D/D

£35

1 Oct 2003

O/D exc fee

£20

3 Apr 2006

Unpaid D/D

£35

1 Oct 2003

Unpaid D/D

£90

1 Jun 2006

UnP cheque

£35

3 Nov 2003

O/D exc fee

£20

1 Jun 2006

Unpaid D/D

£35

3 Nov 2003

Unpaid D/D

£90

Total

£2084

 

Unpaid D/D = Unpaid Direct Debit

O/D exc fee = Overdraft Excess Fee

UnP cheque = Unpaid Cheque

[stevokenevo]

I have taken it upon myself to email my local business manager in reply to her letter informing me there latest penalty charges have put my overdrawn, and following her further request for me to add funds to my account to put it in credit.

I refer to your letter dated 4th July 2006. You advise that you have made all the payments that 'I' arranged to come out my account that morning. But unfortunately there was insufficiant funds to cover them and my account was now overdrawn. You very kindly did not charge me for going overdrawn. Please be advised that on the morning in question i made no arrangement for any funds to be removed from my account, and the funds removed were in fact an unlawful penalty charge imposed by yourselves, If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the Office of Fair Trading who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

As such i require the amount to be refunded immediately.

 

Thanks in advance

 

Stephen ******

 

Now what i'm really hoping is she folds, refunds the cash, and gives me some ammo to use in my claim for the rest!!!!!

[Janet-M]

nothing like wishfull thinking if I was you I would start looking elsewhere for the money to fund your claim

[stevokenevo]

nothing like wishfull thinking if I was you I would start looking elsewhere for the money to fund your claim

 

by ammo, i ment i was hoping she would say something i could use against them!

Anyway, i've received a speedy response from our mr just.

 

Dear Mr ******

Thank you for your letter dated 19 July 2006 I am sorry to hear that you have not been happy with our response to date.

Unfortunately there is little I am able to add to Ms Horton's letter dated 10 July 2006 as we have outlined the bank's position on the points you have raised, although I do respect your opinion about our charges.

I am also aware that you have contacted Ms Raper on 20 July 2006 about a letter you have received dated 4 July 2006. The letter you received was following a charge being applied to your account for £35 on 3 July 2006. This charge was incurred during the period between 3 May 2006 and 1 June 2006 when a direct debit was returned on 15 May 2006. I am sorry if you have not been happy with the content of the letter and your comments have been noted so that we can review the contents of the letter in questions if necessary.

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, which outlines how to contact them.

Yours sincerely

 

 

David Just

Assistant Manager

 

Looks like it's court, the same as everyone else.

[stevokenevo]

Thats me back from my holidays, LTSB's 14 days are well past, so this evening, i shall be putting my claim together for the court, i came home to find my new account opened with the RBS so thats a relief

[vckyjam]

Hey-Looks like we are more or less on the same time scale although im gonna wait to send my moneyclaim to allow them a full 14 days. Good luck i will keep reading your posts

 

 

Vicky:)

[stevokenevo]

i have received a letter, think it's from my branch by the looks of it, i am hoping to get my claim together over this weekend for my court claim, and i am wondering how i should respond to this. I have a habit of saying things i shouldn't, or thinking i'm clevererer than i am, so any ideas would be appreciated ;-)

 

Dear Mr Kenevo

As you know we have been trying to contact you for some time. We wanted to help you to get your account running smoothly and wrote to you a number of times about it, offering our help. Because we have not been able to come to an agreement that we are both happy with we would now like you to repay the £130.28 you owe us.

We will add charges and interest of £73.07 to this every month, based on your present outstanding balance and interest rate. This sum may change as your balance alters (e.g by the charges we have added) or if the interest rates are varied.

It is very important that you take this letter seriously.

We need you to pay back the money you owe us within 28 days. If you do not, the next thing we will do, is register the details of your debt with the credit reference agencies, Experian, Equifax, and Callcredit. This information will stay on their records for six years.

This could mean you will have trouble getting credit elsewhere because most businesses such as banks and building societies use these records to judge how you manage your money and if you are a good risk. Sometimes your credit rating can even affect members of your family or any business associates.

This is why it is so important that you pay us what you owe us within 28 days. This will stop us from contacting the credit reference agencies about you.

Let us reassure you that our aim has always been for you to be happy with your account and to help you run it smoothly. So please do call us if you think there is anything you could do which will mean we will not have to take the steps we've just explained.

Yours Sincerely

 

Angela Raper

Business Manager

 

Balance £57.21.

 

I would really like to stick it back to them, so hopefully someone with abit of knowledge could point me in the right direction.