Years of charges to claim back

[MortgageMan]

I have been with Lloyds for years I have had serveral accounts and been charged thousands of pounds for various items such as returned cheques, letter charges, d.ds you name it I been charged it, Thanks to this site The dog is about to bite. We are working on our claim now

Trevor:razz:

[elsinore]

Hello Trevor, welcome to the LTSB forum. There's lots of help here if you need it.

 

Follow the recommended procedures and be patient. You will get your due desserts eventually.

 

Elsinore

[jadest]

Hi I have just filled in my claim on-line after recieving 2 letters from bank fobbing me of. Good-luck to you. this site gives great but different expericences and info. You must stick to the main format though the 2 letters and then concider court be patient the bank takes there time to reply. leaving it often till the 7th day. Lloyds sent me a letter saying it was there final response that is when I filled in the claim on-line at www.moneyclaim.gov.uk good-luck

[blueskies]

Welcome and good luck. Like jadest has said you are advised to follow the procedures in the FAQ's, so far noone has actually gone to court but I think it will happen sooner or later so be prepared for it.

If you have any questions then post them here and we will do our best to help.

[MortgageMan]

Hi

I have just sent my first letter off to Lloyds requesting details of charges made on an old account which I think ran from 1996 to 2002. I have serveral accounts with lloyds and they are my main bankers. I think if I try and deal with them one account at a time or is this a mistake, The problem I see is they will jump on me over my present accounts which would cause me problems, but I am still going after my money back, I am busy moving my mortgage now so that will be one thing out the way. I was charged £300 charges today so I have written a friendly but firm letter to my manager requesting that he recredits this, If he dont it will go on my list when I start on this account. What do you think am I doing it right

Trevor

[jadest]

to be honest I haven't got a clue whether I am doing it right just know I have been (edit) by the bank annd I will do all I can to get my money bank. follow info on this site and good luck. go for it, it is your money.

[MortgageMan]

I have today sent Lloyds a letter requesting nearly £4000 back in charges covering 3 accounts, I now expect them to turn funny as I have an overdraft, I am still waiting for details of the charges on an old account so I have really stuck my neck out. I will keep posting as things move on

Trevor

[labasblue]

Hi Trevor

sounds like we are in exactly the same boat. I am just starting and following your progress with great interest.

GO FOR IT

[MortgageMan]

I am going to issuse court papers next week, Interesting chat with my bank manager who told me Lloyds have a fund for private bank customers claiming charges back but as mine is business account they will fight me, Lets see whta will happen

Trevor

[jadest]

Lloyds seem to put up a fight for personal customers too... or at least they don't like to pay till the very last minute... Good luck with your claim... never give up!

[MortgageMan]

I have now issused againist Lloyds on one account I will wait out come before issusing on my other accounts

[bearo]

best of luck trevor! if your claim has gone to small claims please PM a moderator with the case number and your name so it can be put in the litigation in progress section!

[anita kane]

hi trevor been following your case, any progress yet. I am a business account holder with lloyds tsb thinking of claiming too but its daunting, like to know how you get on

[MortgageMan]

I have issused a claim for £4473, I have heard back from the court saying they have until the 23rd Oct to reply. As I operate a small business account with an O/D I am expecting the bank to fight. I have another account to claim on as well but will get this one finished first. I intend to donate 10% to this site when I win. I am not certain how I log the court details can some one tell me

Trevor

[jadest]

I got order from court for small claims court on the 25th January 2007 I called the court to ask why such a long wait. They said tit was because the jugde in Chesterfield wanted all bank claims on the same date and because he wanted that date to be after the Houses of Commons had met to make a ruling on it. Any-one know what that is about? Is there a chance we might not get our charges back?

 

SC&M have said that Lloyds usually settle in order off the court dates.

Hope your claim goes with no hitches

[MortgageMan]

Lloyds have told the court they are going to defend I awaiting their defence now

Trevor

[midge61]

Hi TRev

I'm at same stage as you claim filed and aknowleged and defence due by 30th.

Good luck

[MortgageMan]

On reading through the various cases, i think I will proceed and issuse againist Lloyds on another account, i was going to wait and do them one at a time as they settled, What does any one think

Trevor

[jadest]

I think that there would be no harm issuing both claims at the same time, they make you wait so long any-way... Just go for it!

Jules x

[MortgageMan]

I have today received a defence from lloyds, I will post the full defence tomorrow, I think I have made a mistake, the particulars of claim was for a personal account not a business account, do I need to apply to amended details of my claim or will it not matter, any advise please

The mortgage man

[maroonfox5]

Mortgage Man

 

I think you do the same for business but leave out the bit about unfair terms in consumer regulations as that only applies to consumer contracts.

 

I think for business you use the common law principles of DunlopV New Garage

 

Hope this helps

 

Regards

 

MF5

[MortgageMan]

Lloyds Filed Defence as follows:

 

XXXXXXX v Lloyds TSB Bank PLC

 

1.The Defendant,Lloyds Bank Plc (the bank) is a bank. It is admitted that the Claimant has been a cusyomer of the Bank at all material times.

 

2. By opening a business account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. At account opening a customer is provided with a Welcome Pack, which includes the Bank's charges leaflet. By using the account, the customer acknowledges that the charges are incorporated into the contract.

 

3. In the leaflet, in the section headed Unauthorised Borrowing the Bank explains that "If you overdraw on your account or exceed an overdraft limit withour prior agreement, a higher rate of interest is charged on theis unauthorised borrowing. The rate is displayed in all branches. We may cover additional work involved in monitoring your account by charging the fees detailed below.

 

Unauthorised Borrowing

We charge this when you first overdraw your account, or go above the agreed overdraft limit by £50 or more. There will be a further charge each time you increase the amount borrowed over £50 or more, unless a higher limit is agreed with us or until the account is within its existing limit or in credit. This fee will aplly, for example, if you draw against cheques which have not fully cleared and this takes you overdrawn or over an agreed limit.

£12.50 Unapid item

 

We charge each time we have to return a cheque unpaid, or cannot pay a standing order or a direct debit, because ther isn't enough money in your account.

£30 for each item not paid"

 

By a letter of June 2005, the Bank gave notice of an increase in these charges to £15 and £35 respectively.

 

4. 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 tobe made fron the Banks 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.

 

5. There is no breach of contract; the charge cannot therefore be a penalty, consequently

[MortgageMan]

Lloyds Filed Defence as follows:

 

XXXXXXX v Lloyds TSB Bank PLC

 

1.The Defendant,Lloyds Bank Plc (the bank) is a bank. It is admitted that the Claimant has been a cusyomer of the Bank at all material times.

 

2. By opening a business account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. At account opening a customer is provided with a Welcome Pack, which includes the Bank's charges leaflet. By using the account, the customer acknowledges that the charges are incorporated into the contract.

 

3. In the leaflet, in the section headed Unauthorised Borrowing the Bank explains that "If you overdraw on your account or exceed an overdraft limit withour prior agreement, a higher rate of interest is charged on theis unauthorised borrowing. The rate is displayed in all branches. We may cover additional work involved in monitoring your account by charging the fees detailed below.

 

Unauthorised Borrowing

We charge this when you first overdraw your account, or go above the agreed overdraft limit by £50 or more. There will be a further charge each time you increase the amount borrowed over £50 or more, unless a higher limit is agreed with us or until the account is within its existing limit or in credit. This fee will aplly, for example, if you draw against cheques which have not fully cleared and this takes you overdrawn or over an agreed limit.

£12.50 Unapid item

 

We charge each time we have to return a cheque unpaid, or cannot pay a standing order or a direct debit, because ther isn't enough money in your account.

£30 for each item not paid"

 

By a letter of June 2005, the Bank gave notice of an increase in these charges to £15 and £35 respectively.

 

4. 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 tobe made fron the Banks 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.

 

5. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Banks loss. It is denied that the charges are punitive or that they unduly enrich the Bank.

 

6. The customer is given advance warning of charges being imposed; customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the bank, that items will not be paid and that charges will be incurred. Statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the followingmonth's statement.

 

7. It is denied that the Unfair Contract Terms Act or the Unfair Terms in Consumer Contracts Regulations apply to business customers who are not contracting as consumers, as required be the Act and the Regulations.

 

8. Without prejudice to the matters pleaded in paragraph 7 it is averred that the charges are fair and reasonable, and it is denied thatthey ar unlawful.

 

9. In the premises:

9.1 The charges are for banking services, and are not damages nor a penalty;

9.2 The Bank is entitled by contract to impose the charges, which are; fair and resonable.

9.3 It is denied that the charges are unlawful or contravane any statute or regulation.

 

10. The Claimants claim is denied.

 

 

Can anyone advice please?

[MortgageMan]

Lloyds Filed Defence as follows:

 

XXXXXXX v Lloyds TSB Bank PLC

 

1.The Defendant,Lloyds Bank Plc (the bank) is a bank. It is admitted that the Claimant has been a cusyomer of the Bank at all material times.

 

2. By opening a business account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. At account opening a customer is provided with a Welcome Pack, which includes the Bank's charges leaflet. By using the account, the customer acknowledges that the charges are incorporated into the contract.

 

3. In the leaflet, in the section headed Unauthorised Borrowing the Bank explains that "If you overdraw on your account or exceed an overdraft limit withour prior agreement, a higher rate of interest is charged on theis unauthorised borrowing. The rate is displayed in all branches. We may cover additional work involved in monitoring your account by charging the fees detailed below.

 

Unauthorised Borrowing

We charge this when you first overdraw your account, or go above the agreed overdraft limit by £50 or more. There will be a further charge each time you increase the amount borrowed over £50 or more, unless a higher limit is agreed with us or until the account is within its existing limit or in credit. This fee will aplly, for example, if you draw against cheques which have not fully cleared and this takes you overdrawn or over an agreed limit.

£12.50 Unapid item

 

We charge each time we have to return a cheque unpaid, or cannot pay a standing order or a direct debit, because ther isn't enough money in your account.

£30 for each item not paid"

 

By a letter of June 2005, the Bank gave notice of an increase in these charges to £15 and £35 respectively.

 

4. 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 tobe made fron the Banks 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.

 

5. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Banks loss. It is denied that the charges are punitive or that they unduly enrich the Bank.

 

6. The customer is given advance warning of charges being imposed; customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the bank, that items will not be paid and that charges will be incurred. Statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the followingmonth's statement.

 

7. It is denied that the Unfair Contract Terms Act or the Unfair Terms in Consumer Contracts Regulations apply to business customers who are not contracting as consumers, as required be the Act and the Regulations.

 

8. Without prejudice to the matters pleaded in paragraph 7 it is averred that the charges are fair and reasonable, and it is denied thatthey ar unlawful.

 

9. In the premises:

9.1 The charges are for banking services, and are not damages nor a penalty;

9.2 The Bank is entitled by contract to impose the charges, which are; fair and resonable.

9.3 It is denied that the charges are unlawful or contravane any statute or regulation.

 

10. The Claimants claim is denied.

 

 

Can anyone advice please?

[MortgageMan]

Today I received the Allocation Questionnaire