Robinson vs Lloyds

[snapper84]

Hi everyone,

 

I didn't find this site until i'd already posted a letter to the head office i think the letter i sent was the LBA, but just got a bog standard reply letter through the post with the ending "This is the Banks Final Response blah blah 6 month ombudsman" so i'm guessing all thats happened is that i missed a step.

 

Now i'm claiming for £2258 so now i guess i have to run the spreadsheet and work out the interest for it.

 

Also the letter is dated 10th August so therfore i'm guessing i have to wait 14 days before filing the moneyclaim.

 

Cheers

Steven

[snapper84]

Just one quick question, my account is about £740 overdrawn on a limit of £200 this is all down to charges implied to the account. Do i just proceed with the claim and any money that is claimed back will cover this amount?

 

Cheers

Steven

[Janet-M]

Hi Steven and Welcome ,

I also stupidly missed a step at the beginning , same as you , but if I was up to this stage now what I would do is still send them another letter (at the end of the 14 days ) saying that you are prepared to give them another 14 days as a goodwill gesture .The reason for this is that you have to prove to the court that you have acted reasonably throughout and that a claim was a last resort .The court would look at 28 days as being a reasonable amount of time for you to try and settle this hence the reasons our 2 letters give 14 days.

 

Do you mean your letter was dated 10th August or theirs ? as its you that sets the time limit , 14 days from your letter

 

As for your overdraft , they can call this in at anytime but seen as they owe you more then your O/D if they try then you can write and tell them its in dispute .

 

Your repayment will wipe out your O/D but this is then one debt less

 

have you also opened another account so as they can't be taking even more charges from you with you being so O/D ?

[snapper84]

Cheers MJanet,

 

Does anyone have an email address that i could submit a further letter to them if this is recommended.

I mean that their letter was dated 10th of August, i sent them the letter on the 29th July. Yes i already had another account elsewhere with barclays so i'm using that one now.

 

Regards

Steven

[snapper84]

I've just got the email address, any advice which letter to send them considering i missed the first one, i was thinking of just typing on up myself a fairly standard letter including a date i will begin court proceedings and at that time interest will be applied to the amount requested. Any advice?

 

Cheers

[snapper84]

Right i've decided against sending them another letter and allowing them to stall, i know people have different opinions on this but i've had the letter stating it's the banks final response therfore they have reviewed the situation and declined to do anything about it so i'm going to progress. And the other end of the stick is financial problems so the sooner i get this started the sooner it can get settled.

 

Right here's my moneyclaim just want someone to check it over to make sure it's all present and correct.

I have a contract with Lloyds TSB Bank PLC,

conducted on their standard terms and

conditions.I am claiming return of my money

taken by the Defendant in the way of charges

over the last 4 years totalling £2258. The

charges are a disproportionate penalty and

therefore unenforceable, being contrary to

common law. Further, as a disproportionate

penalty they are invalid under the Unfair

(Contracts)Terms Act 1977 s.4 and the Unfair

Terms in Consumer Contracts Regulations

1999.Para8.and sch.2(1)(e).In the event that

the charges are not a penalty then they are

unreasonable within the meaning of the Supply

of Goods And Services Act 1982 s.15. I have

repeatedly asked the Bank to justify their

charges but they have declined to do so. I

claim interest of £266.25 under section 69 of

the County Courts Act 1984 at the rate of 8%

a year from 01/11/02 to 19/06/06. I therefore

claim a total of £2524.25(£2258 + £266.25)

plus interest at the same rate up to the date

of judgement, or earlier payment, at a daily

rate of £0.50.

 

Cheers

Steven