Hi, on-going claim against Lloyds TSB

[o0oliambeeo0o]

Hi fellow Scots, I am currently going through the process of claiming back charges imposed by Lloyds TSB, just thought i'd put a link to my thread on the Scottish forum as its currently in Lloyds TSB forum, most of my letters and information is from the Govan Law Cnt ( Unfair UK Bank Charges Free help from Govan Law Centre, Glasgow ) as well as this site.

 

 

My thread is here: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11139-o0oliambeeo0o-lloyds-tsb-court.html

[o0oliambeeo0o]

Hi, just to update, I have now filed my papers with the sheriff court (04/08/2006) and I am waiting for them to be sent back to me, I can then serve them on Lloyds TSB (only because in going for summary cause).

 

Will keep updated on progress.

 

Regards,

o0oLiamBeeo0o.

[charlieho]

Best of luck had a look at your thread on the Lyods TSB forum.

Great Statement of claim

I wimped out of summary cause and broke my claim down just in case I lose and the other side gets expenses as the can only get £75.00 in the small claims.What is the maxium expenses that can be awarded in Summary cause?

[o0oliambeeo0o]

Hi Charlieho, best of luck right bk at ya.

 

Thats just what I have replied in my otha thread, I cannot remember the max limit of damages, the clerk did advise me (Do Not quote this but £500 is coming to mind!!!), but Im of the thinking I do not intend on losing so its irrelevant lol.

 

No im only kidding, I did consider breaking it down, but felt pretty confident I would get settlement decided to go for summary cause.

 

Regards

o0oLiamBeeo0o

[o0oliambeeo0o]

Hi, could anyone in this form offer me any advice, my main thread is in the lloyds forum but I am in Scotland,

 

Please click the link in my signature to go straight to my main thread, any help would be greatly appriciated.

 

Regards,

o0oLiamBeeo0o

[o0oliambeeo0o]

Hi folks,

Same as last post, if anyone has any suggestions for my question on my main thread I would be very gratefull.

I feel Im at a bit of a stand-still and I am unsure of my next steps...

Regards,

o0oLiamBeeo0o

[o0oliambeeo0o]

Hi, have recieved Lloyds defence today, just thought id post for others to have a look at. Hope it helps.

 

 

 

Lloyds Defence

 

 

1.The Defender Lloyds TSB Scotland plc (“the bank”) is a bank and whose registered office is Henry Duncan House, 120 George Street, Edinburgh, EH2 4LH. It is admitted that the Pursuer has been customer of the Bank at all material times.

 

 

2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank’s charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing:

 

Cheques

Bank statements

The facility to make payments by direct debit and standing order

Debit cards

ATM’s (cash machines)

 

 

3. By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the Bank’s own funds. If the bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that “there are normally no charges for everyday banking at Lloyds TSB when your account is in credit.

 

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special service, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply.

 

If you want to use a service that we haven’t listed, we’ll tell you the cost of that service before you give us the go ahead”.

 

 

4. There is no breach of contract: the charge therefore cannot be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank’s loss.

 

 

5. The customer is given advance warning of charges being imposed; Statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month’s statement. Customers are warned by letter when they go overdrawn or over their agreed limit with the Bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

 

 

6. The charges are fair and reasonable, and it is denied that they are unlawful.

 

 

7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.

 

 

8. the premises:

 

8.1 the charges are for banking services, and are not damages or a penalty;

 

8.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable;

 

8.3 it is denied that the charges are unlawful or contravene any statute or regulation.

 

 

9. The Claimant’s claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank.

[o0oliambeeo0o]

Ok peeps, Ive been looking all day for a full copy of SOGA 1982 which includes part 1A (applies to Scotland only).

 

Im trying to get my court bundle together but cannot find this illusive part 1A anywhere also cannot find part 2 of UCTA 1977 (applies to Scotland only)

 

If anyone can help me out or suggest anythingt I would be most grateful as I want to get the bundle delivered ASAP

 

 

 

o0oLiamBeeo0o