Finest V Lloyds (current acc) all opinions and advice welcome!

[finestm]

Hey all!

 

My story:

 

Sent prelim for £1k+ recieved on 8/5/08, mentioned in the letter that I was a full time student therfore wanted to be assessed as a hardship case.

 

Recieved reply to prelim today (9 days) in the form of a standard complaints reply telling me to allow 4-8 weeks for them to look into it.

 

Should I send the LBA?

 

Also as I have asked to be considered as a hardship case, if/and when i have to take it further what avenue do people recommend? FOS or court route? I understand from my reading that in court the case will be probably stayed and them I can apply for the stay to be removed!

 

Any help appreciated!

[saintly_1]

Keep to your timescale not theres after all its your claim as long as you give them the required amount of time. So 14 days after they received the prelim send them the LBA

[finestm]

Thank you saintly, any opinions on the FOS or Court route. taking into account i will be applying as hardship case as im a uni student!

[finestm]

UPDATE

 

Although Lloyds had said in their first letter that they would review my case as under 'hardship' they answered my LBA with a standard letter stating that all claims were currently being put on hold.

 

Therfore, I called the FOS and asked them to step in as I am a genuine hardship case, they said they would initially write to Lloyds to urge them to give me a final answer as the '8 week' complaint handling timeframe does not finish till July.

 

I have been advised that if Lloyds do not give me a FINAL answer by July then the FOS will again take it further.

 

Additionaly. when I sent Lloyds my LBA I asked in one of the paragraphs for them to supply with a true copy of the agreement along with the orignal terms and ammendments with the charges specifics highlighted. Lloyds have written back saying that the information is NOT held in a relevant filing system. Although it doesnt say the kind of filing system. I read about the microfiche argument somewhere and so a template letter, cant find it now, can anyone point it out please?!

 

I will wait to see what the FOS say as my first 'charge' was in October 2004 so keeping in mind the 6 year rule, if the FOS do not get anywhere I will apply through the local county court!!

[finestm]

This is what I wrote in my LBA to LLoyds:-

 

"For the avoidance of doubt I also request a true copy of the original contract that I signed with Lloyds TSB Bank and a copy of the terms and conditions that I received at that time along with any subsequent amendments to these terms and conditions until they reflect your current terms and conditions. Also I request a detailed report of which clause, in the terms and conditions, each charge had been applied against."

 

 

In reply I recieved:-

 

 

"The majority of contracts we hold between the bank and our customers are not held in relevant filing systems and are therfore not subject to the right of subject access under the DPA. For your information i have included a standard leaflet which has nothing to do with your orignal request" (might as wel have said that)

 

 

Im assuming they are refering to microfiche.

can someone please point me to the microfiche template letter, i cant find it.

thanks!