Lloyds Charges

[K7MEE]

Hi,

 

I put in a claim for my charges for the past 6 years last October and received a letter back advising that the decision for all banks were going through the courts and that i would be informed of any decisions etc. I have since received another letter saying they are still waiting for decisions.

 

Since my initial letter they have taken further charges and am currently facing having £170 taken on 3rd March! The charges get taken on 1st of the month, i dont get paid till 15th so its a vicious circle. Ive asked twice for the date of the charges to be changed which Lloyds will not do.

 

Do i need to take my claim further or do i need to wait for the courts to decide etc. I am writing a letter this week saying i am taking my banking elsewhere as i cannot afford those charges!!

[saintly_1]

Hi had you got as far as filing the N1 at court ?

If not then you can just add any new charges onto your existing claim

 

As for the circle you find yourself in I would open an account with another bank and get your wages paid into that swap everything over

 

 

saint

[K7MEE]

No ive only sent the initial letter advising how much i wish to claim and give them 14 days to respond. They did but that it would not be taken any further until the courts make a decision. I am in the process of opening another account for my wages but when the charges go out in March im taking it they will be charging me daily for that too!

[saintly_1]

You could of continued with your claim back in October http://www.consumeractiongroup.co.uk/forum/barclays-bank/107576-oft-test-case-what.html

[K7MEE]

I am just drafting my complaint letter and advising of me moving my banking elsewhere, should i add in the additional charges since i put in my claim last year as in that link it says to get all claims in before the courts decide or complete a different letter? By that link i would have to wait anyway as the banks wont proceed at the moment?

[saintly_1]

This is the next letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html just add the new charges to you older ones.

[K7MEE]

OK thank you for your help, i will send this next letter off.

[K7MEE]

How is this bit calculated?

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

Do i have to seperate the unplanned o/d fees/bounced dd's with the o/d interest or is this interest something i calculate on the overall fees????

[sea-sidelady]

If you are not claiming overdraft interest, which most people don't, then just delete the part which doesn't apply to you.

 

I calculate that you have taken £XXXXX.

[saintly_1]

I didnt bother claiming the interest applied as I couldnt get my head round how to work out what interest was occured purely as a result of the charges

[K7MEE]

OK thanks

[K7MEE]

Well i sent my letter and have again received a letter along the lines of, 'unless our customer support unit agree something seperately with you due to your financial circumstances, what will happen next regarding your complaint about bank charges 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 resolves'.

 

Blah, blah, blah.

 

Do i still need to send the next letter 14 days after i sent this one, is there any point?

[saintly_1]

Just because they dont have to look at your complaint dosent mean that you cant continue sticking to your timescale .........

 

If you can afford the court fees I would consider getting as far as putting the claim in at your local court using the N1 here and the P.O.C's here That way any charges that are close to the 6yr limit are safeguarded and you claim also starts earning the s69 interest @ 8%

 

saint

[sea-sidelady]

That is the standard letter.

 

You have now sent both letters. The prelim and the lba. So now you can file at court. If you have received any new charges since you started the claim, now is the time to add them, before you file.

 

COURT FEES

 

http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm;)

[sea-sidelady]

Sorry Saintly, i didn't see you there (again...)

[saintly_1]

Least we are consistant with our advice SSL ;-)

[K7MEE]

Thanks for the advice guys, how do i find the court fee's?

[saintly_1]

click on this link ---> Fees

[K7MEE]

OK thanks, i have now found the court fees but sorry i'm finding this very confusing and don't want to get this bit wrong! Do i complete both of the advised documents, N1 and P.O.C and if so where do i send them? What is the s69 interest and how is it worked out? Also what happens after this stage? Many thanks.

[saintly_1]

Ok what you do is fill in the N1 the POC's are to big to to fit on the N1 so you need to do them seperate ..... You also need you shedule of charges (spreadsheet of your charges). Dont forget that you need 3 copies of each. Then you send them/take them to your local county court where the court will stamp them keep 1 copy of them for themselves send 1 copy to the bank and sends 1 back to you.

 

 

saint

[Michael Browne]

See here for N1 guide:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

and here for Lloyds POC's

http://www.consumeractiongroup.co.uk/forum/show-post/post-1035428.html

 

For your Schedule of Charges use the Simple S/S here:

 

6. Interest calculation spreadsheets

 

This will also calculate the s69 interest

 

 

When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it (for use later at court), then delete /hide the last 2 columns (8% bits) and print out as your schedule of charges.

 

If you don't have Excel, Works or OpenOffice use this online s/s:

 

Spreadsheet: Online & Simple to Use

iCalculate

 

The daily rate is the total of just your charges x 0.00022

 

eg £495 x 0.00022 = £0.11p per day

[K7MEE]

Thanks that's really helpful!

 

On the N1 where do i put the Interest 8% APR? Sorry i'll get there soon!

[Michael Browne]

On the front of the N1:

 

Value:

 

 

Charges £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx (total interest from the schedule of charges spreadsheet)

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

and at the bottom of the Particulars of Claim:

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount of interest from spreadsheet] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

[K7MEE]

Ok so i sent my correspondance off to stevenage magistrates court who sent it back and said it would be my local county court which would be hitchin.......sent it to hitchin and they sent it back saying it wasn't them?! Can someone please tell me which court i need to send it to?

[sea-sidelady]

Take a look here, in case there is a nearer one to you.

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

 

If not and Hitchen is yur local court, then you could call them to see why they wont accept it. If thats what you do, let us know.