Reclaiming bank charges from lloyds tsb

[e.prassede]

Hi All,

 

Started procedings to recover nearly £3k of bank charges over the last six years. Sent letter for request for repayment of bank charges on 11 jan 08.

 

Have received standard reply on 18 jan from customer service recovery service stating that they are making enquiries and will get back to me within the next four weeks. Also attached was a copy of a document entitled 'Voicing your concerns' this is suppose to tell me all i need to how they resolved complaints against them. also there last paragraph stated:

 

"If your complaint is about the level, fairness or lawfulness of overdraft bank charges, then a different process that we've agreed with the Financial Services Authority will apply. We will write to you shortly to explain how we'll handle that complaint and what steps we will take to protect your rights. In responding to you we will also consider all the things you have raised in your letter, as well as any further information we have about your financial circumstances"

 

Have now received second letter from Lloyds stating the following:

 

"

Thank you for getting in touch. I am sorry you are unhappy about your bank account charges. If your complaint relates to the level, fairness or lawfulness of the charges please read on. If it relates to another issue such as an administrative error then please let us know.

We believe that our current account fees and charges are clear and represent a fair charge for a banking service that is valued by our customers. However, Lloyds TSB (along with other major UK banks) has now become involved in legal proceedings with the Office of Fair Trading (OFT) in relation to unauthorised overdraft charges. We believe these proceedings will resolve the legal issues regarding the fairness and legality of these charges.

Usually we would try to resolve your complaint through our internal complaints process as quickly as possible. However, until the determination of the legal issues in the above proceedings, we have asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with bank charges complaints which relate to unauthorised overdraft fees. The FSA has agreed to this request subject to conditions that protect your rights.

What will happen next will depend on the courts. We do not know how long the case will take - we have promised to proceed as quickly as possible but inevitably given the importance and complexity of the issues being considered this may take many months to finally resolve

For now, we can assure you that we have registered the details of your complaint - and once the legal proceedings with the OFT are concluded, we will resolve your complaint as quickly as possible. If at that stage you do not agree with our response you will of course be able to refer your case to the Financial Ombudsman Service (FOS), or to the courts. Until then, please do keep all the documentation we have sent you as it will make it easier for you to support your complaint at this time.

We will also keep you updated about the proceedings with the OFT, you can also check the latest position on our website Welcome to lloydstsb.com.

During the legal proceedings between the banks and the OFT, the FOS has generally decided to put all investigations and determinations concerning the fairness and legality of unauthorised overdraft charges on hold, until a decision has been made by the courts.

If you're thinking of making a claim through the courts, please note that we will be asking the courts to postpone proceedings about bank charges until the conclusion of the banks' proceedings with the OFT.

We appreciate that you may have wanted to have your complaint dealt with more quickly, but we can assure you we will be taking steps to ensure that your complaint will not be disadvantaged whilst our legal proceedings with the OFT continue.

 

 

Am now at a bit of a loss, do i still continue with the claim and send in a letter before action or do i wait for the result of the test case?:?

 

All help would be greatly appriciated

[maroondevo52]

Yes, Get the LBA in the post.

 

Regards.

 

Scott.

[elsinore]

Am now at a bit of a loss, do i still continue with the claim and send in a letter before action or do i wait for the result of the test case?:?

 

It's a standard response, ep, so just continue according to your timetable.

 

If your claim is filed at court, it will be in the queue to be dealt with when the Test Case is resolved (or at least the stays resulting from the waiver are lifted).

 

Els