Coco v Lloyds

[cococat]

i'm at the stage where I sent my Letter Before Action a week ago! Am not very good with computers and it's taken me till now to figure the whole forum thing out!

 

Am unsure about the six year rule, can someone help? Do you count six years back from when you first write to them and ask for all the charges back (in my case that's over a thousand pounds!) Or - do you go back to the last time they charged you and count six years back from their last offence?

 

I've done it the second way - counted back six years from their last offence but, on one account that takes me back to January 2000. have I got it horribly wrong?

 

help!

Coco x

[dolly]

It is from when you first became aware that their charges were unlawful, so a rule of thumb is when you sent off for hte DPA request.

[cococat]

Thank you for that, am now going to tackle my excel sheets!

 

Can you tell me if there is a formula I can put in that means excel will count the number of days between each charge or do I have to do it manually? I've got the worksheet which lays the sheet out clearly but I don't have a 'Calculations Tab' on my toolbar options and I don't know what to do

 

Many thanks

Coco

[cococat]

Hello!

Am v inexperienced with computers and it's taken me ages to 'hack' in to being able to talk to anyone, relieved to be able to ask questions and join in now, just writing this has boosted me - don't feel so alone!

Asked for statements from Lloyds 9th June, wrote my own letter on 14th July - ie not from templates library as I didn't know you existed, I was acting on a tv programme I'd seen - demanding over £1000 in charges back. Got bog standard reply. Next letter, 22nd July, was your preliminary letter. Am now at the stage where my letter before action went last week. Am going to have to write to them again with modified schedule of the charges am claiming for because I was unsure of when the six years should start from - have I screwed it up? Does anyone have any advice about how I can word the new - reduced - amount am claiming for to make it all legal?

And what are the formulas to make the excel sheet do the calculations for you? I don't have a 'Calculations Tab' on my toolbar - so I am very stuck!

Feels good to be fighting back!

Coco

[MARTIN3030]

Coco You can send them another letter using the lba from the bank temps letters......see my link on bottom.

 

 

Somewhere in the body of the letter you could add the following.

 

My attention has been drawn to the limitations act,and as such I will be claiming from.......

An amended charges schedule is enclosed which lists the charges/dates.

 

 

 

You will find various versions of spreadsheets that work with different operating software.(see link again under temps)

 

The fact that you have started your action and have submitted figures,should not affect your ability to proceed.Simply make the adjustments to your figures

and let them know.

 

Help is available should you need it.

 

Martin

[cococat]

Thanks for that Martin,

 

Do I give them another 14 days from the date on the amended charges letter or leave the timescale as it already is?

[MARTIN3030]

Yep leave the timescale......all you need do extra is allow them 2 or 3 days to get the revision.If thats still within the 14 fine.

[cococat]

posted letter with ameneded charges off yesterday - there was only one for £10 that was 6 years and 1 month before I asked for all my old statements so isn't too bad.

 

Thanks for several replies I've had re my struggles with ?>c^&*g Excel. I've followed all the advice, ie I've deleted columns B, C and D and put my own values in. have entered these values directly onto Excel - English - simple from the correct thread - nothing! I've dragged down from '8%' and 'Number of days since offence' - nothing! I've searched my toolbar for calculations function - nothing! It just says 'value?'

I am working on a mac - could that be why nothings happening? If anyone has any ideas I'd love to hear them - even swearing at my computer isn't making me feel any better any more!

[cococat]

I think, for whatever reason, I'm going to have to do these calculations manually. Do you have any advice maths tips, that will make it any easier? Any help greatfully received!

[Michael Browne]

There's an online calculator here:

http://www.consumeractiongroup.co.uk/chargeinterest.php

 

Enter each charge and date separately, press calc and it will make a list. You cant save it, so copy and paste.

[cococat]

Gods Teeth!!!!

That is one of the longest fouty eight hours of my life to date but I have the 8% speadsheet filled in and ready to go - posting the money claim stuff on Sunday and then the easy bit!

feel physically sick at the idea of going to court but after the effort of counting back over six years worth of days on my fingers I am not going to give up now!

Thanks for all your help x

[MARTIN3030]

Coco Well done.

 

No one said it would be easy....and the whole process can for some people be really physically and emotionally draining.

For many,seeing others get their refunds,spurs them on.

No 2 claims are the same and it can be frustrating to try and work out what the banks are up to.

At the end of it all tho......in your case the hard work is all done,and you can look forward to seeing results for your efforts pretty soon.

 

When you do get your refund you will agree that its all been worthwhile.

 

 

[cococat]

I've posted my allocation questionnaire today against Lloyds TSB. Despite the advice on these pages I've closed my account with lloyds and moved my credit card. I just don't trust them anymore and want nothing more to do with the organisation.

I would say to anyone who's getting nervous - just hang on in there! It all happens exactly as this site says it will. I had a wobble when I couldn't get the Excel spreadsheets to work out the 8% interest and stated to think - what's the point? But, after spending days working the interest out in my head (I didn't - but that's what it felt like!) I'm now happy to see this to the end. I think everyone has a crunch point and if you get through that you know you're going to see it through!

All the info and help you'll need is here - just do your research and be brave!

 

Having said all that though I do have a general question please? I'm getting married in ten days time (hooray!) and will be changing my name. I've told the County Court, but do I need to write to Lloyds solicitors and tell them as well?

 

Hopefully, this will be uncomplicated - I'm dealing with Lloyds so I know it will take as long as they can make it last, but it's Court or write me a cheque time!!

 

Cococat

**MOD note: Threads merged, please keep to one thread for your claim. Good luck.**

[cococat]

Please can someone help me with my last question? Do I need to tell Lloyds solicitors I will be changing my name or is it enough to tell the Court?

Even if no-one knows, could you advise me who I need to ask to find out?

 

Many thanks

Coco

[Michael Browne]

Presumably your new bank a/c is in your maiden name? So if LLoyds write out a cheque you can bank it there.

[cococat]

new bank account is in my married name. I've put my change of name request on my allocation questionnaire and sent a copy of that to their solicitors so I hope that will do it. Got a court date back - 12th Jan. Lloyds are also calling a witness which alarms me but will just have to wait and see who that is. looking at the info from the County Court, they will have to declare who they'll be using fourteen days before the hearing anyway so I'll have some idea of what to expect.

Court have asked me to file a schedule of charges with them as well. Can I submit the list with the 8% interest up to the 12th Jan 07? It'll be longer than six years - Lloyds first offence was 10.09.01, but it seems logical that if I'm applying interest to the money unlawfully taken from me - and Lloyds are applying delaying tactics in the hope that I'll go away - I should make some money out of them avoiding paying me back the money the took?

As you know, I couldn't get Excel to work at all. I used the online calculator kindly posted for me on this forum, but it doesn't go beyond 2006. Can I include 8%interest up to the court date> And, if I can, can someone tell me how I can put 2007 in the online calculator please?

 

Thank you so much for your help

Mrs Cococat!

[Michael Browne]

Submit the schedule of charges + 8% up to the date you filed. The daily rate will take care of amount owing from then till settlement.

[cococat]

Have printed the lists of for both accounts with the 8% as originally sent with my Letter Before Action. Am also going to add the cost of the Small Claims guide book recommended by this forum.

Am just looking for reassurance with this next question, I read through the forum thoroughly before I started but haven't been able to see anything to put my mind at ease this time round. Can you include 'Overdraft excess fee' in your lists of charges? Some of mine are £50 and £60!

Just getting twitchy as elsewhere on the forum banks are settling before they get to the stage I'm at....Even Lloyds! Just another 15 weeks or so to go and then I can relax again!

 

Coco

[Michael Browne]

Am also going to add the cost of the Small Claims guide book recommended by this forum. Don't,this is not a legitimate cost

Can you include 'Overdraft excess fee' in your lists of charges? Some of mine are £50 and £60! Yes

 

HTH

[cococat]

Thank you for that, it's easy to get a bit angry and start trying to get more than it is safe to do so, just got to take a deep breath and stick to the rules. Went into the court and gave them an amended list of final charges - with the£17.10 for the book taken off. sent a letter to Lloyds solicitors in Brighton, recorded delivery saying this list superceeded the previous one.

 

Still haven't heard from their solicitors or the court..... Am I right in thinking that I'll have to write to Lloyds solicitors 21 days before the court date and give them a list of what I'm using in my defence? And, do they have to return the favour for me and tell me what they are going to do? I have a feeling that I will go to court. Others on the forum all seem to have been offered settlements well before they've reached where I am but I won't give up!

If, somehow, I've done something wrong that has allowed them a way to win then I will let everyone know immediately. At the end of a day this is a team effort. Although it would be nice to get my own money back..........!

 

cococat

[cococat]

Well, the court bundle has gone - one to Lloyds solicitors and one to the court. I basically used the court bundle from this web site. I didn't include my statements cos six years worth from two accounts was a hell of a lot of paper.

I used the lists Lloyds sent me instead listing the date of each charge and the amount as well as the schedule of charges with the 8% interest added.

I also included a BBC press release from the Money Programme about a report they broadcast where a barrister and experts from the financial world confirmed that the maximum any default would ever cost a bank was £4.50. It's an excellent article and I'd recommend it to anyone facing court.

Hearing's scheduled for 12th Jan at 10am. Will keep you informed!

 

Coco

[BARTY]

Good luck Coco!

Keep checking your account, I bet you'll get a settlement in the next few days or so.

Barty:)

[RedDeath]

Stilll looking for excel help?

 

The formula to calculate days is as follows.

Use on column per set of dates. The formula is then column A - column B (or whatever columns you picked). Next, in the answer column (column C for argument sake), right click and pick format cell. enter dd (for days, only 2 of them).

 

This will count the day difference, however, this will only go to 31 (or 99 not 100% sure) so to get round that use the value statement.

 

So in theory:

 

=value(a-b)

 

failing that you could simply add another column. with = value(C1).

 

Hope it helps, haven't started faffing around with xl yet.

[cococat]

I've posted off my court bundle - included a BBC press release from their Money Programme about the true costs to banks, which can be found on the BBC website and is v. useful. Got evidence from a barrister and former NatWest financial advisor that it neber costs a bank more than £4.50 to do any of the things they've charged all of us for.

Lloyds solicitors 14 day deadline for posting their papers to me is 29th, and they will leave it until then - they've got their timinngs to perfection! Court date is 12th.............. Happy New Year!!

[cococat]

Can anyone advise me what to do next? I haven't received a court bundle from Lloyds solicitors and today was their deadline! The istructions state "The parties shall serve on each other and file at Court 14 days before the hearing date...." My court date is scheduled for 12th January, which is 14 days away. The County Court is closed now until the 2nd so I can't inform them that Lloyds haven't adhered to the correct procedure until then. How do I word it / what do I say? Should I contact Lloyds solicitors as well?

Help!