Sagaloo vs LloydsTSB * WON *

[sagaloo]

Rec'd another fax offer from SCM, disputing the £10 subject access request fee:

 

"as this is a statutory fee our Client Bank is entitled to ask for it when dealing with a Subject Access Request and, therefore, they are not willing to settle or entertain this element of your claim."

 

Just in process of drafting a response to point out copy letters supposedly attached to fax and also sent out on the 13th have not reached me yet.

 

Any views?

[Number6]

Rec'd another fax offer from SCM, disputing the £10 subject access request fee:

 

"as this is a statutory fee our Client Bank is entitled to ask for it when dealing with a Subject Access Request and, therefore, they are not willing to settle or entertain this element of your claim."

 

Just in process of drafting a response to point out copy letters supposedly attached to fax and also sent out on the 13th have not reached me yet.

 

Any views?

 

Just my 2p worth but you only spent the £10 because LTSB wouldn't refund your charges when you asked them. Therefore you had to submit an SAR in order to get the appropriate information. If LTSB hadn't have deducted the unlawful charges you wouldn't have had to spend the £10 so IMO it is claimable.

 

Pete

[GaryH]

Yep, I'm with Pete. That said, there is a 'no costs rule' in the small claims court which that £10 could be argued to come under. This is something that ultimately the judge would decide on, but, as they want to settle before court, you have every right to insist on it's repayment becouse its included in the value of your claim. To not include it is not offering a full settlement. If I were you, I'd insist on it as a loss directly incurred as a consequence of their unlawful charges. JMHO.

[freebird]

I agree with all, but if push comes to shove tell them to shove the tenner and just give you the rest unconditionally.....

Phone them tomorrow and confirm receipt of fax...I personally was getting more responses and feedback to the faxes, as they're instant ! and don't have to get through their bloomin "sorting room" !

 

Phone 9.30 ish as I never caught him in before then !

 

good luck x

[sagaloo]

Thanks Freebird for your advice - as you know I faxed them yesterday's letter (above) and provided a fax number for them to respond to.

 

The upshot is £4515.99 was put into my account yesterday afternoon -doesn't include the £10 but does include the following:

 

> unconditional settlement

>£985 of bank charges applied since claim was issued

> a few charges they had missed off but that had been included in my original claim

> £412.34 interest calculated as a result of these charges

> statutory interest

 

In addition, I also got them to waive £90 that was to go on December's statement PLUS as a gesture of goodwill £40.59 which was pure overdraft interest - I suggested if they had settled in the time they had requested on the AQ back in August I would not have been overdrawn!!

 

So I guess the £10 is a price worth paying!!

 

Can somebody tell me how to donate, move to the settled section and change to won.

 

By the way the money went in between my 1st and 2nd fax and not the 17th as indicated on their original fax!

 

I also asked them to withdraw the Default Notice and amend credit file. They responded by saying as the money had been paid in today (yesterday) it had been satisfied. Not sure how I respond because I don't think this is the same as withdrawing the default notice. I have not yet sent them or the Court anything indicating I have settled.

 

Anyway, thanks everyone for helping.

[Number6]

Thanks Freebird for your advice - as you know I faxed them yesterday's letter (above) and provided a fax number for them to respond to.

 

The upshot is £4515.99 was put into my account yesterday afternoon -doesn't include the £10 but does include the following:

 

> unconditional settlement

>£985 of bank charges applied since claim was issued

> a few charges they had missed off but that had been included in my original claim

> £412.34 interest calculated as a result of these charges

> statutory interest

 

In addition, I also got them to waive £90 that was to go on December's statement PLUS as a gesture of goodwill £40.59 which was pure overdraft interest - I suggested if they had settled in the time they had requested on the AQ back in August I would not have been overdrawn!!

 

So I guess the £10 is a price worth paying!!

 

Can somebody tell me how to donate, move to the settled section and change to won.

 

By the way the money went in between my 1st and 2nd fax and not the 17th as indicated on their original fax!

 

I also asked them to withdraw the Default Notice and amend credit file. They responded by saying as the money had been paid in today (yesterday) it had been satisfied. Not sure how I respond because I don't think this is the same as withdrawing the default notice. I have not yet sent them or the Court anything indicating I have settled.

 

Anyway, thanks everyone for helping.

 

Well done sagaloo.

 

Yes, the £10 is a small price to pay.

 

As to the default notice satisfied is NOT the same as removed. A satisfied default still stays on your file for six years. As you presumably wouldn't have had the default but for the charges get them to remove it completely.

 

Pete

[sagaloo]

Does that mean I don't acknowledge settlement until they confirm it has been removed?

[GaryH]

Congratulations Sagaloo, excellant work:). This thread is a great example to other Lloyds claimants and you done a great job putting pressure on the sols - all credit to you.

 

They obviously did'nt fancy explaining their delaying tactics to the judge then and paid up sharpish so they would'nt have to. Very surprised they included the recent charges too, thats been unheard of untill now for SC&M.

 

I'll get a mod to move your thread and the donation button is at the top left of the screen (the left hand grey bar), or there is a link directly after you've finished the survey.

 

Enjoy the money!!!

[GaryH]

Does that mean I don't acknowledge settlement until they confirm it has been removed?

 

You'd have to take further advice on that. I'll see what I can find out.

[Number6]

Does that mean I don't acknowledge settlement until they confirm it has been removed?

 

Was removal a condition of your claim?

 

Pete

[sagaloo]

Gary thanks for all your help.

 

SCM are obviously getting nervous about the way their delaying tactics on this case (and many others) was not going to look good. I asked for a copy of the letter the Litigation Partner is supposed to be sending to the Courts - they haven't confirmed they will send me a copy but they have confirmed that the partner will be writing to the judge (I thought it might be useful to get a name other than Mr Thomas).

 

It just shows how they are trying it on - the first offer they sent me was dated the 30th October and they offered me £2880.56 - a bit of a difference!

 

I did put them on notice I was about to issue a 2nd claim and in the interests of their time and resources it would make more sense for them to bundle in this settlement. I think what really made things happen was when I pointed out on Monday of this week that there was a 'general form of judgement or order' requesting that they explain to the Court my assertions that I had detailed in a letter to the judge (abuse of process and deliberate delaying tactics as part of their litigation strategy!).

 

So thank you Judge!

[sagaloo]

RE: the default notice

 

In my 2nd fax where I outlined my views as to why the SAR fee of £10 was valid, and that December's charges should be included I also stated "Please ask your client to confirm that this default notice will be withdrawn and my credit file amended."

 

They then faxed back saying:

 

"Firstly, we are told the sum of £4,515.99 has today been debited to your Select plus account.

 

Secondly and referring to the charges of £90 and £40.59 respectively, our Client instructs us that these will be waived and as such will not be debited from your account on the 1st December 2006.

 

With regards to the fee of £10 in respect of the Data Subject Access request, for the reasons already stated in our letter of today's date, our Client is not prepared to entertain this sum.

 

Finally, our Client tells us that your Select Plus account is now back in order, the Default Notice served on the 12th November 2006 has now been satisfied in view of the payment that has been made to your said account."

 

As I have said above, I have not yet responded to this latest fax as I was working late last night.

[Number6]

I'd definitely have a pop at them to get the default removed, not marked as satisfied. A satisfied default on your file is very little better than an unsatisfied one, and it will stay there for six years.

 

Pete

[freebird]

brilliant news and well done for sticking at it the way you have, congratulations mate..

Freebird x

[sagaloo]

Have sent these 2 faxes today to hopefully make very valid points that may be of use to others:

 

Fax 1:

 

I am in receipt of your first and second letters dated xth November 2006 and confirm funds of £4,515.99 were paid into my Select Plus Account on the xth November 2006.

 

Comments re: second letter:

 

1) I note your comments regarding charges to be waived regarding my December statement. Please note that I also require any charges that appear on subsequent statements relating to charges applied whilst this account has been in dispute to be waived. I will not know until my December statement arrives if any charges have been applied – as I have previously explained your client has a policy of collecting charges a couple of months after they have arisen.

2) I note your comments regarding the Data Subject Access Fee. I have already expressed my views on this matter and believe they were a justifiable part of my original claim. It has taken your client until now to dispute this aspect of my claim.

3) Marking the Default Notice as satisfied is not the same as withdrawing it and removing it from my credit file. I again reiterate that had you attempted to resolve the issues regarding my account sooner then the Default Notice would not have been issued. I believe that issuing a Default Notice is further evidence of the intimidation tactics used by your client. I have several automated letters from your client’s Collections Team that were issued to me in the week leading up to your client’s settlement offer which clearly demonstrate that no account of the letters I had written to them regarding this case had been taken into account. I am prepared to forward these to the Court and to ask the Judge to decide whether the Default Notice should be marked satisfied or withdrawn.

 

However, in the interests of trying to reduce the burden this case has already placed on the Courts I will be willing to write to the Court advising this matter has been settled once your client confirms:

a) any further penalty charges incurred during the dispute period will be waived

b) that to-date they have never included the Data Subject Access Fee in any other settlement, alternatively, if they have then I require an additional £10 transferring to my account; and

c) that the Default Notice has been withdrawn and my credit file amended

 

FAX 2:

 

1) Thank you for you fax of today’s date advising that you are awaiting further instructions from your client.

 

2) The final paragraph of your second letter dated 15th November 2006 stated:

 

 

“However, we are told that a Default Notice was also served in respect of your Personal Loan Account and, therefore, you will need to make arrangements to satisfy that notice. Kindly note that this firm has no instructions in respect of the Loan account as it does not form part of your current proceedings.”

 

Given that I have not yet agreed to accept your offer as full settlement of the claim, I am surprised to find that your client has gone into my account and automatically taken the arrears on my personal loan account directly from my Select Plus account without any prior notification. I reiterate that the Default Notice would not have been issued on either my Select Plus Account or my Personal Loan Account had your client not abused court process and delayed matters. It is this kind of behaviour that creates problems. What would have happened had I removed funds that meant I was just within my overdraft limit with a view to making various payments without knowing your client was about to take this money out. Once again I would have been over my overdraft limit and incurring penalty charges.

 

Quite clearly your letter of the 15th stated that I would have to make arrangements to satisfy this Default Notice and not that your client would be making those arrangements on my behalf. On the basis that I have no idea who within Lloyds TSB is making decisions about my accounts, I would be grateful if you would forward this letter to your client with a view to taking the same action that I have requested on the Select Plus Account Default Notice – namely that it is withdrawn and my credit file amended rather than marked satisfied. Otherwise, I will be submitting this latest action as further evidence to the Courts about the way your client abuses its fiduciary responsibilities in addition to its blatant abuse of court process.

 

 

In both cases SCM have acknowledged receipt, have confirmed they have passed faxes to their client and that they will respond as soon as they have received instructions from their client.

 

It will be interesting to see what happens?

 

P.S. I also received a phone call re: arrears on Lloyds Cr card - I told them I was in the middle of Lloyds making settlement offers and that they had better not go into my account and take funds. I was told "we don't know when that is going to happen - it is not something that I can do, the computer does it automatically." I told them I would sort out my credit card account once this current matter had been settled completely and that I would be going after credit card charges as soon as I had finished this current matter!!