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Lloyds Counter claims?


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Hi everyone,

 

I am at the stage of waiting for my statements to come through from Lloyds but I have been keeping up with other threads in this forum and one thing is confusing me, counter claims. can Lloyds do this and on what grounds can they do it? I have been with Lloyds for 15 years now and in the last 5 years I have been in and out and over my ver draft partly due to my own fault and partly down to Lloyds taking out money when it suits them. I am just wondering that with me currently being into my overdraft they can use that as a counter claim, I have been told that they cannot do that but I am just curious.

 

Thanks,

 

Gary

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I believe a few counter claims are being made, but still Lloyds have not allowed a case to go to court - they always settle, sometimes at the last minute. At the end of the day they will not stand in front of a judge and reveal how their charges are made up.

 

They do however read this site and keep abreast of activity and are continually looking for ways to stall cases and scare people off. This is just another scare tactic.

 

Please do not be put off by this. If you are clear on why these charges are unlawful then you should still persue your claim.

  • Confused 1

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for that. I have been advised by others that I should still go ahead with it and i will. I just got caught up in the 'headlights' of the whole thing and thought maybe I was wrong to do this because of my account status at present. I will continue with the process and keep you all up to date as to how it goes. Thanks again.

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Agreed with Closey - I am in the position in which LTSB or posturing towards a counterclaim - but after contacting MCOL and the local court. nothing seems to have happened. Although please bear in mind that nothing is a certain thing in this life.

 

I personally am going to continue - what's the worst that can happen!

My Timeline

 

Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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Please do keep us up to date. Also follow homershairdo's thread, it makes an informative read and will give you an idea of what happens in this situation.

 

I think its not to long until homershairdo has his money back.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Like most I don't trust banks all that much anymore. It does seem to make sence that they would avoid court action potentially if the claim is low and for unlawfull charges. Like you said though.....Whats the worst that can happen!

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They will do anything to avoid court action whether the claim is £30 or £3000. The banks do not want to reveal how their charges are made up. They will however go to great lengths to scare people off claiming what is rightfully theirs.

 

To be honest the worst that could happen is they do go to court, defend your claim, you loose, and you loose your court costs.....the chances of that happening is so remote.

 

I think there are many people on this site, myself included who would actually love a case to go to court, but we know it won't.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks people, I wont back down. I sent an e-mail to the [email protected] (on Friday and recieved reply today) asking for an update on my Data Protection Act letter since it had been 2 and half weeks, I did this just to confirm my letter had been recieved since I didn't send it recorded post.....I know this was a big mistake. A Mr Kieth Boden from Service Recovery said he will get onto the Copy Statement Unit to ask if it is being delt with. I'll say one thing for Lloyds they seem quicker on the e-mail reply than on the phones.

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I'll say one thing for Lloyds they seem quicker on the e-mail reply than on the phones.

 

You'll not be saying that in a couple of months time!!

My Timeline

 

Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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Yep, Keith Boden is quick at responding to email, but he never actually seems to get anything done.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The wait is worth it!

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Mr Boden must be having a good day!

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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That's true. There are a few hills along the way.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi everyone,

 

I am at the stage of waiting for my statements to come through from Lloyds but I have been keeping up with other threads in this forum and one thing is confusing me, counter claims. can Lloyds do this and on what grounds can they do it? I have been with Lloyds for 15 years now and in the last 5 years I have been in and out and over my ver draft partly due to my own fault and partly down to Lloyds taking out money when it suits them. I am just wondering that with me currently being into my overdraft they can use that as a counter claim, I have been told that they cannot do that but I am just curious.

 

Thanks,

 

Gary

 

Hi Gary

 

My situation is exactly the same as yours. I've been a lloyds customer for approx 16 years and for the past 5 or 6 have been constantly overdrawn. My overdraft is £2000.

 

My concern was that they would make me close down my bank account if I claimed back my charges and I would owe them the £2000. I know it is recommended that you open up a new account before you commence with the action to claim back your charges but I was a bit unsure where to go. However I found an account through Alliance and Leicester which offers an account which is 0% interest on your overdraft for the first 12 months - after that it goes up to 5.9% (I think this is the amount - I know it's not any more than this). Considering Lloyds TSB is 18.1% and I am currently paying nearly £30 a month in interest on my overdraft I am seriously tempted to change my account. Obviously i need to look into Alliance and Leicesters charges!!

 

Thought you may be interested in this account.

Debbie

 

Lloyds TSB - Subject Access Request for 2 accounts - 27/07/06

26/08/06 - statements received

29/08/06 - preliminary letter sent - account 1 owed £915 plus £70.90 interest = £985.90

account 2 owed £650 plus £79.99 interest = £729.99

18/09/06 - LBA sent - includes extra charges incurred

 

MCOL filed

Acknowledgement of Service - 04/12/2006

Copy of Lloyds Allocation questionnaire received 12/01/06

My AQ form received 30/01/06

 

HSBC - Subject Access Request - 27/07/06

05/08/06 statements received

08/08/06 - Preliminary letter - £1388 plus £128.69 interest = £1516.69

25/08/06 - received offer of £1200

29/08/06 - LBA sent

17/09/06 - MCOL submitted - £1875.65 (incl 8% int)

19/09/06 - Notice of Issue received

Full settlement

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Thanks for that. I have been looking at Barclays and Natwest but Natwest want 3 months bank statements which at present I dont have. It good to know that there are options out there for opening another account. Its crazy to see how the banks give out over drafts from £500 to £2000 knowing that it just sucks you into it further.

 

Thanks for the tip on Alliance and Leicester, I will look into that this week definately.

 

Gary.

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Hi

 

The Alliance and Leicester account is actually recommended on the MoneySavingExpert.com website. But like I say it's best to check out the charges. The Alliance and Leicester site will actually work out how much money you will save in interest in the first year. Plus they have a reasonable interest rate once the interest free period finishes. 18.1% from Lloyds is liking having a store card!!

 

Deb

Debbie

 

Lloyds TSB - Subject Access Request for 2 accounts - 27/07/06

26/08/06 - statements received

29/08/06 - preliminary letter sent - account 1 owed £915 plus £70.90 interest = £985.90

account 2 owed £650 plus £79.99 interest = £729.99

18/09/06 - LBA sent - includes extra charges incurred

 

MCOL filed

Acknowledgement of Service - 04/12/2006

Copy of Lloyds Allocation questionnaire received 12/01/06

My AQ form received 30/01/06

 

HSBC - Subject Access Request - 27/07/06

05/08/06 statements received

08/08/06 - Preliminary letter - £1388 plus £128.69 interest = £1516.69

25/08/06 - received offer of £1200

29/08/06 - LBA sent

17/09/06 - MCOL submitted - £1875.65 (incl 8% int)

19/09/06 - Notice of Issue received

Full settlement

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Hi,

 

I'm in the same boat - £2250 overdraft and constantly living in it! I have another account to which I am begining to transfer all my wages etc but wondering if they'll put any claim I make back into the account then close it! Wouldn't surprise me if they did so I still wouldn't see anything! Barstewards!:wink:

 

Please let me know the outcome!

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I see what you mean Katieve. From what I have heard the banks risk of closing your accont is slim, but I understand your fear on this one, I guess it depends on how far into your over draft you are as to how your claim will help you, if you are completely into your £2250 and your claim isn't near that then the money you win gets swollowed up again but not in charges. I am going to look into this more myself. I am sending my prelim letter out today regestered post then see what happens.

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Just a quick word of warning on the A&L, the interest figure may be tempting as a comparison with Lloyds, however the standard DD failure charge is £34.00 a go (if the DD is £10 or over). They apply this fee immediately and without fail. I have found them harsher than Lloyds, and when I claimed back my unlawful charges from A&L they closed my account! Out of the frying pan into the fire,

If you can guarantee that your account will stay in credit and no DD or SO failures then sounds like a good account, however...........Can we all hand on heart say that our DD/SO won't bounce!!!!!!!!!??? Good luck

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I thought it was too good to be true.

 

Lloyds charge £30 for going overdrawn and £35 for a returned DD - so there isn't really much difference.

 

Not sure what to do about changing my bank account - does anybody know if Lloyds close down your account after getting your money back?

 

Also - not too happy if the money just goes back into my account as was going to use it to pay off my credit card!!! (more debt). I suppose if it did go into my bank account it would clear my overdraft and would save me the £30 a month in interest I'm paying on the £2000 overdraft - I always go up to the limit - and over it!

 

Debbie

Debbie

 

Lloyds TSB - Subject Access Request for 2 accounts - 27/07/06

26/08/06 - statements received

29/08/06 - preliminary letter sent - account 1 owed £915 plus £70.90 interest = £985.90

account 2 owed £650 plus £79.99 interest = £729.99

18/09/06 - LBA sent - includes extra charges incurred

 

MCOL filed

Acknowledgement of Service - 04/12/2006

Copy of Lloyds Allocation questionnaire received 12/01/06

My AQ form received 30/01/06

 

HSBC - Subject Access Request - 27/07/06

05/08/06 statements received

08/08/06 - Preliminary letter - £1388 plus £128.69 interest = £1516.69

25/08/06 - received offer of £1200

29/08/06 - LBA sent

17/09/06 - MCOL submitted - £1875.65 (incl 8% int)

19/09/06 - Notice of Issue received

Full settlement

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If i have a £2000 overdraft, is it possible to move that debt to another bank?

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4190 - Rjh v Lloyds Tsb.

Dpa Sent (13/04/06).

Statements Recevied (04/05/06).

Preliminary Letter Sent £775 owed! (12/05/06).

Received Standard Reply from Lloyds. (17/05/06).

Posted LBA (31/05/06).

Received Lloyds "Final Response" Letter (03/06/06).

Filed Claim with Moneyclaim for £775+£192.19 interest. (21/07/06)

Lloyds defend claim (23/08/06)

**Lloyds pay up, at last. £1078 (14/11/06)**

 

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Hi

 

The bank account with Alliance and Leicester lets you have a £5000 overdraft - 0% interest for the first year - but I have been warned (in this thread) that they are quite harsh with charges etc.

 

If you follow the link in this site to MoneySavingExpert.com they will tell you the best bank account for you - and which ones give you an immediate overdraft facility.

 

I'm a bit stuck as to what to do myself - as the money I get back from Lloyds may be enough to clear my overdraft (which is £2000 same as yours) - or make it a more reasonable amount. I am fed up of paying £30 a month for my overdraft - charged at 18.1% interest.

 

Plus there's the issue of getting credit - how does it affect you if you have a new bank account that you haven't had for very long? as usually one of the questions relates to how long you've had your bank account. I've been with Lloyds for about 16 years.

 

Pity we can't claim back charges for the whole time we've had our bank accounts - I'd be worth a small fortune.

 

Debbie

Debbie

 

Lloyds TSB - Subject Access Request for 2 accounts - 27/07/06

26/08/06 - statements received

29/08/06 - preliminary letter sent - account 1 owed £915 plus £70.90 interest = £985.90

account 2 owed £650 plus £79.99 interest = £729.99

18/09/06 - LBA sent - includes extra charges incurred

 

MCOL filed

Acknowledgement of Service - 04/12/2006

Copy of Lloyds Allocation questionnaire received 12/01/06

My AQ form received 30/01/06

 

HSBC - Subject Access Request - 27/07/06

05/08/06 statements received

08/08/06 - Preliminary letter - £1388 plus £128.69 interest = £1516.69

25/08/06 - received offer of £1200

29/08/06 - LBA sent

17/09/06 - MCOL submitted - £1875.65 (incl 8% int)

19/09/06 - Notice of Issue received

Full settlement

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