mjanet v lloyds :** WON ** UNCONDITIONALLY

[Janet-M]

Wow lloydstsb are quick .....only 8 working days ........ to say I can't have my money.

 

6th March Data protection request sent by email

 

7th March email recieved back saying they recieved it

 

8th march email recieved (dated 15th march) saying they will send info requested

 

10th March I sent another D.P.A request by email for my C/C details

 

10th March email back saying they recieved it

 

13th March email recieved saying they will send my C/C statements in

conjuction with my bank statement request

 

14th March bank statements recieved by post / manual intervention notes... no manual intervention when charges deducted

 

14th March letter before action sent by email , giving them 14 days to

repay me ( yes I know I missed a step , lesson learnt don't do important stuff when 3 kids are playing up around you )

 

14th March email back saying they recieved it.

 

15th March standard letter back by email saying ... NO.. refering me to banking ombudsman

 

15th March email sent saying I will let the courts decide on the legalities of your charges

 

When the 14 days are up I will start my claim , unless someone thinks because I missed a step I should do something else ?

 

waiting for my C/C info now but I'm not really exppecting to see any charges on them.

[richardc]

Well done and welcome! Keep us posted

[Janet-M]

16th March bank replys by email .........

 

Unfortunately I am unable to add any further information to my letter dated xx March 2006 and can only refer you to the terms and conditions of your account. However, I respect that you have your own opinion about our charges.

 

This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service.

 

 

this time enclosing a leaflet outlining how to contact them. Didn't think he understood me when I told him I will let the court decide on the legalities.

So now again back to waiting until my deadline I gave them.It gives me a week to read up on how to form a claim.Make some room for me on the litigations in progress thread ...it looks like I'l be joining it next week.

[kevin bennett]

Hi mjanet, I notice that you seemed to get a quick responce, ( as bad as they were) via email. Can you post the Lloyds TSB email address you used, as I have relyed on snail mail to date, and am to impatient to wait.....

Kevin

[Janet-M]

Hi Kevin , yes I was too impatient too the address I used was [email protected] as you can see they recieve it then they forward it on .If you already have a named person that you are dealing with just put his name and any reference number in the subject line .. thats all I done.

[Janet-M]

Still have not recieved my CC information applied for under the DPR request so I am just about to send them a reminder that the time is ticking ..They have informed me that the last letter was their final response ,but they still have to send me the information I requested.Also whilst I know everything is done automatically by their pc's one thing I have noticed is every time it comes close to when my CC statement is due to be produced the payments I make become slow ie. Sunday 13th March I pay my balance by bank transfer it's taken out of my account before midnight the same night but shows Mondays date it's now 6 full days since they took it and my balance is still not cleared.I have just put a complaint in asking them why it's taking so long if it's an automated payment ? hoping somewhere in their reply they tell me it is done by a pc.

[Janet-M]

update

still not had acknowledgement of my complaint and my balance is still not cleared 8 days after they took the money out of my account .CC info still not recieved.

14 days I gave them to repay me are up tomorrow so claim due to go in.

[Janet-M]

Just phoned my branch to find out when my account was actually opened and was told 1957 , I protested and was assured it was correct .Only problem being I was not born for quite a few years later .Funnily enough they now agree ( after confirming it with a manager ) it is the wrong date but now can not tell me when it was.

[Janet-M]

I have had to phone the banks head office many times past few days ( nothing to do with claim ) and they talk about 'manual intervention' a lot now .Seen as David Just keeps sending out letters saying he doesn't understand what is meant by it I think the staff have been well coached in the CC customer services.Also seen as they keep charging everyone using that as an excuse they have just said to me '' even though we have used manual intervention on your account please let me know personally if you occur charges and I will see they are refunded to you''

[richardc]

I think that they don't know where to turn to justify the charges. In their solicitors' letter to me they did not try to justify by saying their had been manual intervention but that the fees had been laid down in my contract with the bank and therefore must be paid. Nonsense obviously, as they would not go to court.

 

I see charges rising again, as a result of the fees of teams of solicitors trying to find a valid defence and 'loans' to political parties to gain influence.

[Janet-M]

Claim put into court today , claim amount £324.34 including interest

 

finally recieved a copy of my CC statements .As I suspected no charges have been applied.

 

Also asked usher if I could sit in on a case they prefered to tell me and show me an empty room lol . I then asked very politely are the public not allowed in and was told yes it's still classed as an open court as long as neither party object to me being there , some contradiction there BUT I was on best behaviour so never pointed it out .Been told to come back on Wednesday and they will ask permission from ' both sides ' of a case ,as well as judge.As long as theres no objections I can sit in , he said sarcastically you can bring a few friends to lol . I think they where VERY suprised I asked .

[Janet-M]

UPDATE

 

Claim deemed served 9th April

 

Acknowledged with intention to defend 18th April

 

defence recieved by the court 3rd May

 

Defence recieved by me 6th May ( from court )

 

LLoyds told court they where unable to send the defence direct to me as they didn't know my address .Now in all fairness to Lloyds the fact my address and account number is on my claim and in light of the fact I have only had my account with them for 30 yrs then it is quite understandable they wouldn't know my address ... NOT

[rivendale0506]

Mjanet - don't keep us in suspense!!! What did their defence say??!!

[Janet-M]

Mjanet - don't keep us in suspense!!! What did their defence say??!!

 

I don't have a scanner to scan it in and it's to long to type out BUT as soon as I find someone who can scan it in for me I will put it in here .Hopefully over the weekend.

[Janet-M]

allocation questionaire recieved and has to be sent back by 8th June, on my to do list for tonight.

Sorry couldn't show the defence as no scanner but it is just the usual s*** about it being a service and I have not broke my contract.

[Janet-M]

allocation questionaire has been sent back .Will let you know if I hear any more

 

sent LBA over my DPAR on 6.6.06 ( just realised the date lol ) This is for a telephone call I had with their call centre .Reciept recieved for my request then they just ignored it.

[breadline]

allocation questionaire has been sent back .Will let you know if I hear any more

 

sent LBA over my DPAR on 6.6.06 ( just realised the date lol ) This is for a telephone call I had with their call centre .Reciept recieved for my request then they just ignored it.

 

That is so DITO !!

 

keep at um MJ

[Janet-M]

2 letters recieved from solicitors , first one telling me their defence and how confident they are of winning.

 

Main points:

 

1) the fees you are seeking to recoup are properely incorporated into your contract with the bank.When opening your account, you were provided with details of the banks charges and by using your account, you accepted those charges;and

 

2) when you make a payment (whether by cheque,debit card or any other means ) from your account when you have insufficent funds to cover it, you are effectively making a request to the bank for an increased overdraft ( I don't have an overdraft so how can I increase it ) .It is for the bank to decide whether or not to accept this request.If it meets your request,or indeed where the request is declined and the item is returned to your account , you must pay the necassary charges.The issue of penalties only arises as a matter of law where there has been a breech of contract.No breach of contract has occurred between you and the bank ; the bank is merely providing another service service, for wich there is a charge.The charges are not penalties and therefore need not to be a pre-estimate of the banks loss .

 

-----------------------------------------------------

2nd letter

 

 

Without Prejudice Confidential and Privileged

 

 

Dear Madam,

As you will be aware from out open letter, we act for Lloyds TSB Bank plc (the bank).This letter is marked without prejudice and is confidential and privileged which means it will not be produced in court and is confidential between you, us and the Bank.

 

In our open letter we have set out details of the banks defence and we should inform you that the bank does not accept that there is any merit in your claim. However, regrettably the costs of resolving a dispute can easily exceed the amount in issue regardless of who

‘‘wins’’ at the end of the day. The Bank is therefore willing to settle your claim on the following basis:

 

1 The amount your clam (?) , £324.34,will be credited to your account.

 

2 As you do not have an overdraft limit on this account, you must maintain your account in credit.

3 Payment will be in full and final settlement of this claim and any further claims you have or may have against the Bank arising out of or in anyway connected to this claim.

 

4 These terms and correspondence entered into in reaching a settlement, of which this letter is one, will remain confidential between you, us and the Bank

 

 

Please let us know whether you are prepared to settle on these terms. If so, and you comply with the conditions set out , the Bank will arrange to credit the amount of your claim to your account.

 

If you are willing to settle, please sign a copy of this letter as confirmation that you are bound by it’s terms, including the requirement of confidentiality, and return it to us

 

Yours faithfully

[Janet-M]

MY REPLY

 

 

Without Prejudice

Dear Sirs,

I would like to inform you that I have received both of your letters and note your points. However like you I am also quite confident that I can prove my case in court and prove that these are in fact penalties that you are trying to cloak as a service charge. I am also very confident that a judge will also see it this way. Whilst I have to mitigate my loss I am prepared to accept the figure you quote along with my costs of £50 that you have excluded. I will accept this in full and final settlement of this claim. I reject all other conditions you have attached unless your client would like to negotiate a payment for this extra service you are asking from me ,as a separate agreement

.

I will continue my claim against your clients until such time that your client accepts my terms and has paid the amount I have asked for into my account.

May I also point out that there is no unilateral imposition of confidentiality in these circumstances as you must fully realise and for you to say otherwise is an abusive deception .I will pass any more disinformative correspondence from you to the Law Society who no doubt will decide whether this is a matter of discipline or merely requires more Continuing Education points.

Yours faithfully

[elsinore]

HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HARRRRRRRRRRRRRRR!!!

 

Onwards and upwards

 

Elsinore

[Seminole]

Crumbs, I thought that some of my letters were brutal but I like it anyway.

[reload]

Superb reply MJ

[breadline]

"kick arse me lady"

[Spiceskull]

Been borrowing BWs "stampy" boots? - "continuing education points" indeed...go get yer money MJ!

[Janet-M]

reply from solicitors

 

Without Prejudice Confidential and Privileged

 

Dear Madame,

 

Thank you for your letter of XXXX

 

The Bank is willing to make an updated offer of settlement on the following basis:

 

1) The amount of your clam ( ? again lol ) , £XXXX .will be credited to your account.

 

2) As you have no overdraft limit on this account, you must maintain your account in credit.

 

3) Payment will be in full and final settlement of this claim.

 

Please let us know whether you are prepared to settle the matter on these terms. If so ,and you comply with the conditions set out, the Bank will arrange to credit the amount of your claim to your account,

 

If you are willing to settle, please sign a copy of this letter as confirmation that you are bound by its terms and return it to us.

 

We look forward to hearing from you

 

Yours faithfully

 

 

If anyone wants any clams they are £300 each :grin:

 

Not decided on my reply yet but it will be something along the lines of get lost reasons being ....I know my responsiblities re my account and you aint setting conditions to paying me my own money that was unlawfully taken and stop telling me letters are confidential and priviliged when quite clearly they are not

 

The Bank just HAS to have the last word when I am sueing them , no I don't think so.

 

 

Will post my reply when I think it up