Pocock V Lloyds

[mmaarrkk]

Hi

 

Sent off intial letter last week 11.07.2006, (as below)

 

Dear Sirs,

I am writing to you to reclaim the bank charges that you have charged me over the past 2 years. I have recently found out that the said charges are not legally enforcable because they are not a fair representation of the costs incurred to yourselves and feel these charges are very unfair and have sometimes forced me into a circle of spiralling debt. I have tallied up the total and it amounts to *** pounds sterling.

The charges have been made to account number ***, sort code *** which is held at the Hornchurch branch.

All the charges are either returned direct debits , excess overdraft or returned cheque charges I have not included the overdraft interest as I feel thats a fair representation, there are 20 instances of charges, sometimes they ecompass more then one charge. I am currently paying 7pounds a month for the privalege of having an account with yourselves and my family and family business also have large accounts with yourselves. I appericate you are a good bank but if i am not refunded the money which is rightfully mine I will be forced to take legal action against yourselves for the amount mentioned above. Please see below for a breakdown of aforementioned charges.

 

 

1 10Jan05 CHG UNPAID CHEQUE 30.00 30

 

 

I look forward to receiving your response.

Regards

Mark Pocock

 

 

[mmaarrkk]

Recieved a standard reply back today, taken 4 days to get here though nice!.

 

Basically saying sorry that i am not happy with the charges and that like any business they feel its fair to make charges because of the extra work involved (like saying no to another bank if theres not enough money in the account to cover a cheque? and all the work involved in the fully automated dd system yea right). says a few other things, finishes off with saying they cannt agree to refund the charges as they feel they are fair, and that if i am still not happy i should inform her and / or the financial ombusman. If i havent replied by September 9th 2006 then she will take it as closed.

 

Her being Mandy Horton, Assistant manager

[mmaarrkk]

Now reparing to send the LBA which i will do before close of play today...

 

My Address

 

 

Customer Service Recovery Centre

125 Colmore Row

Birmingham

B3 3SF

 

 

Your Ref :BHAM/MH/CC/893260

 

 

LETTER BEFORE ACTION

 

 

Dear Sir/Madam,

 

 

ACCOUNT NUMBER:***

SORT NUMBER ***

 

 

I am very disappointed that you have failed to acknowledge the lawful right i have to refund the charges after my letter of the 11/07/2006

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

 

I calculate that you have taken £817

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 11/07/2006

 

 

List Of charges ****

 

 

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

 

 

 

 

 

 

 

 

Yours faithfully,

 

 

Mark Pocock

[hilla]

Now reparing to send the LBA which i will do before close of play today...

 

you have a long road ahead but keep replying to the letters as they come one by one and eventually you will get there. I sued LLoyds TSB on behalf of my son and although they huffed and puffed they paid up in the end. Took us about two and half months all in all but got there eventually 3 days before the court case was scheduled.