Me v Lloyds TSB (They Seem Confident) ***WON***

[mat02920]

Hi there!

 

Im new to this site and would like you to commend you guys on how useful and supportive it is.

 

Im in the process of claiming £780 from Lloyds; charges arrising from exceeding overdraft limits and unpaid DDs etc on a student account (at a time when I had little money).

 

I have sent the first letter claiming for a refund but was refused (they also said it was my fault and that Id breached the T&C of the account).

 

I then sent the second letter advising them that I will put a claim to the courts, again they refused. Their confidence is somewhat unsettling.

 

The situation now is that another £90 worth of 'fines' are being taken from me next week (10th july) and once they have been taken I am going to make a claim on the online court claims system.

 

If anyone is in a similar situation or has any advice I look forward to hearing from you. Lloyds seem intent on making things difficult!

 

Mat

[closey]

Hi Mat,

 

Yep, this is usual Lloyds tactics.

 

What is likely to happen now is that you will file your case. At the last moment they will acknowledge your claim, then say they will defend it. You will receive their defence and it will get transfered to your local court. You will then be required to complete an allocation questionnaire (paying an additional £100). What then happens differs for some. Some people receive an offer of settlement immediately, other have to wait. Some people have court dates set and are still awaiting settlement.

 

At the end of the day Lloyds do not want this to end up in court, so you can be pretty sure that you will receive settlement at some point along the way, just getting there takes some time!

 

Spend a bit of time reading through other threads, particually ones with settlement offered or received in the title. These will give you a better picture of whats happening out there and the tactics that are being used to scare people off.

 

The more you know about other peoples cases, the more confident you will be!

[reload]

Hi mat02920,

 

What closey said

 

If you read the various longer threads in this forum (PrincessAphrodite's, mine as two examples), you can see that we've been successful. I'm fairly confident that Lloyds haven't actually allowed 1 case to come before a judge, yet. Unfortunately with Lloyds, it just takes time to drag them kicking and screaming through the process.

 

One minor correction though - the Allocation Questionnaire fee (£100) is only payable if your claim is over £1500 - so you won't need to pay that extra charge

[mat02920]

HI!

 

Thanks for your replies, I have just read mjanets thread. Was a very interesting read! Has given me the confidence to proceed to court which I'll do next week (would be sooner but ive since learnt of £90 more charges they are going to take from me on monday 10th july).

 

Does anyone have any idea of total costs Im likely to incur? (as im on a very tight budget haha (just finished uni)). My claim will be for £780 + interest + court costs. Also, what would people recommend?;actually going into court and filling out forms or doing it online?

 

Cheers! Look forward to hearing more, Mat

[adamski]

I have no experience of this but if it were me id do it online, just for conviences sake

Regards

adamski

[Charliebanana]

just read Closeys comment.... really pleased I read it as I am just starting with proceedings - and am feeling pretty scared of the seriousness of the matter!!

so this kind of reasurance is just what the doctor ordered! cheers, c

[mat02920]

Claim Issued 11th July 2006 (£949.70)

 

Defendant Filed Acknowledgement of Service 24th July 2006 (with the intention to defend)

 

I'm now expecting to hear from their solicitors who will try to scare me into accepting their terms & conditions if they refund my money. However I will not accept this as I have found additional charges that the bank have taken from me.

 

Anyone have any advice here? Ive started a claim and since found more charges; should I just say to the banks solicitors when the time seems right that unless they give me this money back in addition to my claim, I will start another claim?

 

All help and comments appreciated, Mat

[geteven]

If I were you, I would start another claim for charges taken after this one has been paid back to you, so you will at least have some spare cash to pay for the costs of the next claim.

My claim (similar amount to yours) is currently 'with the Judge' at my local County Court, I've only had to pay £80 costs in total as the amount is under £1000, and I'm expecting to get these back when Lloyds (reluctantly) pay up. I'm not in contact with Lloyds TSB solicitors just waiting for the Court to contact me. Just keep copies of everything and don't give up.

[mat02920]

Haha, was just reading your thread. I get what your saying, hopefully the bank will just give the rest to me when I ask (to prevent court again); then again maybe they won't!

Your case is further ahead of mine, Im expecting their defense now and the questionaire. So if the judge is deciding your case doesnt that mean you have 'won' (hopefully you will) and that a precedent has been set?

[geteven]

Haha, was just reading your thread. I get what your saying, hopefully the bank will just give the rest to me when I ask (to prevent court again); then again maybe they won't!

Your case is further ahead of mine, Im expecting their defense now and the questionaire. So if the judge is deciding your case doesnt that mean you have 'won' (hopefully you will) and that a precedent has been set?

 

Hi, 'me -v-Lloyds TSB,

 

I've rang the Court office today to ask them whats happening, my case is still with the Judge (12 days now) I asked if they wanted any supporting documents (copies of my statements) but the Clerk said the Judge will direct them to write out to me if he needs any further details. Tempted to send them anyway to give the Judge a nudge, in case he's put my case to one side due to the fact that Lloyds have asked for time to negotiate. Yet Lloyds solicitors have not been in contact apart from wanting a copy of my AQ, so I'm just playing the waiting game.

[mat02920]

Received Lloyds' Defense 07 August and Allocation Questionaire.

 

The defense is a list of 9 points, is that normal?

 

One includes

 

'The charges are fair and reasonable, and it is denied that they are unlawful'!!!!!!

 

and another

 

'pursuant to regulation 6 of the unfair terms in consumer contracts regulations 1999, are not subject to the assessment of fairness'!!!!

 

are these normal defences???

 

Any comments are appreciated, Mat

[geteven]

Yes. The banks solicitor will try anything to put people off going ahead with their claims. They're making 4 million profit per day last I heard and they're worried this might decrease in the future with us all claiming unfair charges back.

[mat02920]

Hey guys!

 

Am I right in thinking that the bank have 28 days to submit their allocation questionaire from that date that they issued their defense (as did I)?

 

Thanks for your advice geteven!!! Eased my mind a little.

[mat02920]

Dont really have time to come on much anymore as I have been looking for and am now starting a new job . Plus I have to use 'my' computer whilst sat on the floor at my girlfreinds house (which isnt that comfortable!:-| ) until I get my own place. But once I get settled I will be on here as often as I can giving advice and also asking for it hehe!

 

Basically all I would like to know for now is if anyone out there is at the same stage in their claim as me? i.e. sent off allocation questionaire and awaiting a response from the bank or court.

 

And thanks for your advice geteven!!!

[walgrave]

After we had sent our AQ in we received received a copy of the Lloyds AQ from the court in which they ticked box for further 28 days to reach a settlement.

 

We then had a letter from solicitor (Sechiair, Clark & Mitchell) asking for a copy of our AQ (don't know why they did this as they get a copy from the court anyway).

 

We wrote back saying that we hadn't taken a copy but noticed that they had ticked box asking for further 28 days and asked why did they do this. We soon received a further letter with a settlement offer.

 

It seems that once they realise you really are prepared to go to court they start talking. I would sit tight and wait for the offer to come in. Remember when it does though not to accept any terms, especially the one about full and final settlement of this claim and any others. Also the one about confidentiality.

 

Good luck with new job.

[mat02920]

Thanks walgrave, thats reassuring.

 

I have checked the deadline for when the allocation questionaire had to be in and it was the 24th august. With it now being the 03 september I am am slightly concerned that I have not received Lloyds' AQ; are they not on the same deadline as me? I should have had theirs by now shouldnt I? I even posted a copy of mine to them the same day I handed mine into the court.

 

So Im now concerned that the court have lost mine or something when I handed it in at the desk and nothing has progressed. Any advice anyone?

 

Ta, Mat

[reload]

Phone or pop in to the county court your case is allocated to, and explain the situation to them - double check that they have recieved your AQ, etc

 

After that, it's a case of filing for judgement against Lloyds as it appears they have failed to return their AQ. Either that, or your CC is very behind on cases!

[mat02920]

Thanks reload, a great help . Will pop down to the CC tomorrow.

 

Mat

[closey]

Nice to see you about again Reload x

[reload]

It's nice to be back

[mat02920]

Just a quick update,

 

I called the CC today and they say they have received both mine and Lloyds' AQ. When I questioned as to why I hadnt received a copy of Lloyds' AQ the lady said that their solicitors are not obliged to send me a copy. Its done more out of courtesy.

 

Bl**dy cheek as I sent Sechiari Clerk & Mitchell solicitors a copy of mine via recorded delivery as I knew they would ask for a copy if I didnt; then they dont even bother to return the favor .

 

MMMMMmmmm....wonder what I should put in my snooty email/letter? Anyone have any ideas fo a laugh? + does anyone have their email?

 

The lady said its just a case of waiting to here from the court now to see whats going to happen. And theres a delay because theyre busy. Lame!

 

Mat

[mat02920]

Hello...

 

This is slightly off tangent but I have a dilema with regards to my barcaycard claim. I sent my first approach letter (by email) to Barclaycard, within two days thier customer relationship manager replied saying he was looking into it. Now it has only been a week since iI first sent the email and this is what theyve offered me:

 

" Dear Mr Warren,

 

I write further to your email of 4th September 2006, your correspondence has been passed to me in order that I may investigate and respond in my capacity as Customer Relationship Manager.

 

With regard to your request for a refund of charges I am sorry you feel the charges you have incurred are unfair. We believe that our charges are both fair and transparent, and we make them clear in our Terms and Conditions, and on the reverse of every monthly statement. These charges are avoidable by staying within your limit and making your monthly payment on time.

 

However, as a goodwill gesture and without any admission of liability Barclaycard is prepared to credit to your account the difference between the charges that you have incurred and the £12 fee recommended by the OFT. In accordance with the charges incurred this would amount to £96.00. The adjustment will be confirmed on your September 2006 statement.

 

I hope that this now clarifies the situation. Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request.

 

If I have not heard from you within 8 weeks from the date of this letter, I will close my file in accordance with our usual practice.

 

Barry Knowles

Customer Relationship Manager

Email: [email protected] "

 

Now, should I except this offer? Its only half of what Im claiming back, But seems reasonable in a way. But it has crossed my mind to say something on the line of:

 

'if you can show me that this is the cost incurred to you by me going over my agreed credit limit, then I will be happy to accept this; If you cannot then I would like to request a full refund' (By attatching the LBA letter)

 

Please please please reply with your opinions, even if you dont normally post. Also if anyone has any ideas of a reply I can send feel free to post it.

 

Many Thanks, Mat

[k23d26]

Hi Mat,

Just my opinion but I would hold out for the full amount. I know what you mean by them being quite reasonable, at least more so than most of the other banks, but if they were willing to to refund half then they will know that if you took matters further, you would get the full amount.

If you are entitled to it, why settle for anything less???

Good luck with what you decide!

Take care,

Tracie

[closey]

Mat, their actions have been unlawful, why should you accept their offer. I see it as totally unreasonable. I highly recommend that you do not accept this offer. Hold out be strong. Write back that you accept their offer as an interim payment (there is letter template for this in the bank templates library) however you will close this claim with courts until the full amount has been received.

[mat02920]

Thanks for your input Closey and Tracie, I think I will pursue the full refund. Any idea of when barclaycard give up and refund the lot?

 

Anyways, a quick update with regards to my Lloyds case, I still havent heard anything from the court, getting a bit frustrating now. Will call them on friday to see whats happening.

 

Mat