Matt Poole vs Lloydstsb

[mattpoole21]

Hi All,

 

I'm a slight confused newcomer!

 

Can't believe how useful this site is! I have already started the process of claiming back my unfair charges, have written to Lloyds and requested how much they have charged me (total net £1970.00). I wish I had discovered this site before hand! I now understand why it took them so long to respond!

 

I am about to send the Preliminary approach for repayment letter but I don't know how much interest to put in! I'm not good with figures! (probably why I went overdrawn in the first place!!). Please help!

 

Matt

[mattpoole21]

Also! sorry forgot to include! what is a Schedule of Charges - and what does one look like?

[mattpoole21]

God - I can't stop! apologies! when the bank sent me a list of the charges they made to my account, they outlined what interest I had been charged is this what I claim back?

Again please help! I need it!

 

Matt

[devious]

Hey Matt,

 

Take it easy fella, your schedule of charges, funnily enough is a schedule of all of the charges that the bank has taken from you!

 

He he, Excuse me!

 

So basically a list in which you need to include information such as date taken, amount taken, and what type of charge it was. Make sense?

 

About the interest, I would suggest leaving any interest out at this stage as you can claim for this when you file against Lloyds.

 

Good luck with it all, keep researching and read through the FAQ's section if not already done and you'll be fine!

 

devious.

[mattpoole21]

cheers - help appreciated! I just realised as I was a student when I incurred the charges I didn't pay any interest for the overdraft - therefore any interest charged on my statement was from me going over my agreed limit, so I can charge! £2k bring it on Lloyds-TSB they made my life hell

 

Thanks Again.

[mattpoole21]

Hi All,

 

Just a quick update!

 

Sent my prelim letter to Customer Care on 14th August. Recieved a general letter back saying they would investigate and respond in 14 days. The 14 day deadline I set on my prelim letter is due this Monday 28th July. If I don't recieve a response by then I will send LBA, which I have laready downloaded and amended.

 

I hope all your claims are going well? I have started to get excited, but also slightly worried about if I'm the one that actually goes to court and the next steps (I'm clueless about the taking them to court system!) but I guess its one move at a time!!

 

Update soon.

 

Matt

July 06: Data protection letter sent

14th Aug: Prelim letter sent

28th Aug! LBA sent

[mattpoole21]

Hi All,

 

Has anyone had any experinece with Lloyds calling them to discuss your complaints? I have had a call this morning 31 August - and before I called them back wondered if anyone had any tips / advice?

 

Thanks Matt

[mattpoole21]

Hi All,

 

Returned from holidays to find a response to my LBA, think it is the same as everyone else i.e. dont agree with the OFT and this is the final response! so I guess its money claim next.

 

Not entirely sure of the process, but about to start reading! any help / advice or tips most welcome.

 

Matt

 

July 06: Data protection letter sent

14th Aug: Prelim letter sent

28th Aug! LBA sent

31st Aug: Final Response from LLOYds received

[GaryH]

Hi Matt

 

It really is advisable to fully understand the process before you file a claim. Don't get me wrong, Lloyds have'nt taken it to court yet and probably never will, BUT, filing a court claim is serious business and should'nt be taken lightly. You need to understand exactly why the charges are unlawful and be able to demonstrate this if required. If your claim contained any errors, it puts you in a vulnerable position in that they could be exploited by Lloyds and their ****** solicitors. The case guidance notes in the templates are very useful, as well as obviously the FAQ's and step by step instuctions. Remember - Knowledge is power!

 

With regards to talking to them on the telephone - don't. Its better and safer to communicate by letter as you want a record of all communications between you and them for use if it ever did go to court.

 

Keep us posted

[mattpoole21]

Hi Everyone,

 

A quick update. Gary H, thanks for the advice, I spent an extra 2 weeks after the LBA deadline to ensure I could defend my claim if taken to court, I think I now have a good understanding, but lets hope it doesn't go that far!

 

Ok - submitted my MoneyClaim on Saturday 23rd September. Recieved a letter from Northampton to explain that my claim had been subitted and Lloyds had until the 14 October to enter a defence. Please keep your fingers crossed for me. I not that bothered about the money about £2.5K (unlike others I am now out of debt), its more the principle that I wouldn't have gotton into debt if Lloyds hadn't charged me and they made my life hell.

 

Any words of wisdom gratefully recieved.

 

Matt

 

July 06: Data protection letter sent

14th Aug: Prelim letter sent

28th Aug! LBA sent

31st Aug: Final Response from Lloyds received

23rd Sept: Money claim submitted

14th Oct: Deadline for Lloyds to submit a defence

[GaryH]

Hi Matt,

 

Glad you decided to do some reseach, it does pay to understand the issues properly before you file a claim.

 

Seems like you've got everything covered now. Expect Lloyds to acknowledge your claim soon - which gives them an extra 14 days - then they will enter a defence right at the last minute. Just becouse they file a defence does'nt mean they actually intend to go to court and defend though, its just an attempt to put you off. As I said before, Lloyds have settled EVERY single claim so far, their defence would'nt stand up in court and they know it!

 

Gary

[mattpoole21]

Hi All,

 

I'm panicing slightly! I never got the opportunity to attach my schedule of charges to my money claim. I also never oput my account number on the particulars of claim section! am I up the creek! arrrhhhhhh

 

Matt

[GaryH]

No. Don't worry, just send your schedule now. Send two copys and make sure put your account number on just below your claim number.

(YOUR ADDRESS)

 

 

 

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

 

 

(DATE)

 

 

Dear Sir/Madam

 

(YOU) –v- (BANK)

Claim No: ********

 

I have today requested the issue of a County Court claim via the Moneyclaim online service, details as above.

 

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached with the particulars of my claim.

 

 

 

 

Yours Faithfully

 

 

 

 

 

 

(YOU)

 

 

 

Send a copy to SC&M too.

[mattpoole21]

Thanks Gary, you deserve a medal, who are SC&M??

 

Matt

[GaryH]

Sorry Matt, SC&M are Lloyds solicitors. I forgot that you have'nt had contact with them yet. In that case send the letter to the court now, and send a copy of the schedule to SC&M after they acknowledge your claim - their contact details will come on the notice of their acknowledgement which you will receive from the court.

[mattpoole21]

Thanks Again Gary,

 

When I looked at the Schedule of Charges the amount of interest had increased by £2.00ish because I had requested my claim on the 24th September 06 and then obviosuly looked that the spread sheet 5 days later, so it had automatically added £0.43 daily interest! I therefore slighted amended the letter and the SOC to explain the difference.

 

Please can you read the below letter and SOC and let me know if its ok?? sorry to be a pain!

 

 

Thanks Gary

 

Matt

 

 

My address

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

 

 

29 September 2006

 

 

Dear Sir/Madam

 

Matthew Poole –v- Lloyds TSB

Claim No: xxxxxxxxxx

Lloyds TSB account Noxxxxxxxxxxxxx

On the 24th September 2006 I requested the issue of a County Court claim via the Moneyclaim online service, details as above.

 

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges. As of the 24th September 2006, I claim interest of £500.35 under section 69 of the County Courts Act 1984 at the rate of 8% a year from 09.04.02 to 09.11.04. I therefore claim a total of £2,470.35 (£1,970.00 + £500.35) plus interest at the same rate up to the date of judgement, or earlier payment, at a daily rate of £0.43.

 

I respectfully request that the enclosed schedule should be attached with the particulars of my claim.

 

 

Yours Faithfully

 

 

 

 

Matthew Poole

 

 

 

Matthew Poole

Lloyds TSBSORT CODE: xxxxxxxACCOUNT NUMBER: xxxxxxxSCHEDULE OF CLAIM FOR CHARGESPERIOD: [DATE FROM] TO [DATE TO]In Respect of:AmountDate IncurredDays since offenceInterest 8% APROVERDRAFT EXCESS FEE£25.0009/04/20021634£8.99OVERDRAFT EXCESS FEE£25.0009/05/20021604£8.82OVERDRAFT EXCESS FEE£40.0009/05/20021604£14.12OVERDRAFT EXCESS FEE£20.0009/08/20021512£6.65OVERDRAFT EXCESS FEE£80.0009/09/20021481£26.07OVERDRAFT EXCESS FEE£80.0009/10/20021451£25.54OVERDRAFT EXCESS FEE£80.0011/11/20021418£24.96OVERDRAFT EXCESS FEE£80.0009/12/20021390£24.46OVERDRAFT EXCESS FEE£80.0009/01/20031359£23.92OVERDRAFT EXCESS FEE£80.0010/02/20031327£23.36OVERDRAFT EXCESS FEE£80.0010/03/20031299£22.86OVERDRAFT EXCESS FEE£80.0009/04/20031269£22.33OVERDRAFT EXCESS FEE£80.0009/05/20031239£21.81OVERDRAFT EXCESS FEE£80.0009/07/20031178£20.73UNPAID SO CHARGE£30.0009/07/20031178£7.77OVERDRAFT EXCESS FEE£40.0009/07/20031178£10.37OVERDRAFT EXCESS FEE£80.0011/08/20031145£20.15OVERDRAFT EXCESS FEE£80.0006/09/20031119£19.69OVERDRAFT EXCESS FEE£80.0009/09/20031116£19.64OVERDRAFT EXCESS FEE£60.0010/11/20031054£13.91UNPAID SO CHARGE£30.0010/11/20031054£6.96OVERDRAFT EXCESS FEE£60.0009/12/20031025£13.53UNPAID SO CHARGE£30.0009/12/20031025£6.77OVERDRAFT EXCESS FEE£40.0009/01/2004994£8.75OVERDRAFT EXCESS FEE£80.0009/02/2004963£16.95UNPAID SO CHARGE£30.0009/02/2004963£6.36OVERDRAFT EXCESS FEE£80.0009/03/2004934£16.44OVERDRAFT EXCESS FEE£80.0013/04/2004899£15.82OVERDRAFT EXCESS FEE£80.0010/05/2004872£15.35OVERDRAFT EXCESS FEE£60.0009/06/2004842£11.11OVERDRAFT EXCESS FEE£20.0009/09/2004750£3.30OVERDRAFT EXCESS FEE£20.0011/10/2004718£3.16UNPAID DD CHARGE£30.0011/10/2004718£4.74OVERDRAFT EXCESS FEE£20.0009/11/2004689£3.03UNPAID DD CHARGE£30.0009/11/2004689£4.55£1,970.00£502.96£2,472.96

 

 

Date Printed: 29.09.06

Date County Court claim requested: 24.09.06

Date Claim was issued: 25.09.06

Daily Rate of interest = 0.43p

 

 

 

[GaryH]

Yeah, that looks fine Matt. No need to include the interest accrued since you filed into the total though. You've got the daily rate specified anyway, and the total of your claim needs to read the same as it appears on your particulars of claim. Just change the date on the spreadsheet back to the 24th Sept.

[mattpoole21]

Hi All,

 

Just a quick update. I have recieved an acknowledgement of service and my claim was filed on the 29th September. The letter says that Lloyds have 28 days to file a defence.

 

Sechiari Clark and Mitchell are the solicitors that Lloyds are using and they intend to defend all of this claim.

 

I would be really grateful for any advice from fellow action group peeps, particualry about their contents of the allocation questionnaire as I guess I will be getting mine soon!

 

I hope you are all getting on well with your claims.

 

Matt

[GaryH]

Hi Matt,

 

The acknowledgement gives them a further 14 days on top of the 14 they had initially, so they now have 28 days from the date of service to file a defence. They'll more than likely use them all as well - they often file it within hours of the deadline.

 

The A/Q you will receive from the court along with the copy of Lloyds defence (which will be the 'service charge' rubbish). Its nothing to worry about, if your claim is below £5000 (small claims track) then its a very straightforward N149 form. The purpose is simply to assist the judge in allocating your claim and to provide any additional information about your case. There is are guide notes in the templates library, and especially ensure you include the request for standard disclosure in the 'other information' section. Take two copies, keep one for your records, send one to SC&M and send the origional back to the court. If your claim is over £1500 then the A/Q attracts a fee of £100, but you'll get this back when they settle/you win.

[drchrispoole]

Is this a claim against the Scarborough Branch of Lloyds TSB?

[mattpoole21]

Dear All,

 

Received today the defence from SC&M, and Blank Allocation Questionire to complete by the 13th November 2006.

 

I believe the defense is the same as all the others I have read:

 

3. Defense

1. The Defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank at all material times.

2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank?s charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing;

',I cheques

bank statements

the facility to make payments by direct deb1t and stand1ng order

debit cards

ATMs (cash machines) .

3. By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for

a payment to be made from the Bank?s own funds. If the Bank maKes paymen~, or

returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the ,leaflet, the

Bank explains that ?there are normally no charges for everyday banking at Lloyds TSB

when your account is in credit. .

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without

*1 an agreement or where you use special services, such as copy statements, we will

~! make ,a charge. This guide explains how these charges work, and when they will apply.

If 'you want to use a service that we haven’t listed, we?ll tell you the cost of that service before you give us the go-ahead?

~ 4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank’s loss.

5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month?s statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the Bank. If the customer fails to remedy the position, . and payments such as standing orders and direct debits are refused then again the customer is warned by

,tiJ letter,

m 6. The charges are fair and reasonable, and it is denied that they are unlawful.

~ 7. The customer is notified of the charges in plain intelligible language at the

conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by the customer for a service provided by the

 

Bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 19~9,'~are not subject to the assessment of fairness.

8. In the premises: . .

8.1 the charges" are for banking services, and are not damages nor a penalty;

8.2 the Bank i~ entitled by contract to impose the charges, which are fair and reasonable; .,' ',' . ",

8.3 it is denied that the ~'charges are unlawful or contravene any statute or

regulation. . . ."

9. The Claimant ?s ,claim is denied in its entirety. It is further denied that the Claimant is entitled to: the. sum claimed or to' any sum~ from the Bank.,

 

Is this the same as everyone else? Do I need to send a response?

 

Cheers all

Matt

[mattpoole21]

Me again!

 

I have looked over the AQ is the below ok for part G?

 

I respectfully request that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

Also! does anyone have a template letter for when sending a copy of the AQ to SC&M?

Hope your cases are going well - show me the money!!!

Matt ; )

[mattpoole21]

Bump

[GaryH]

Hi Matt,

 

Yes, thats fine for section G.

 

No there is'nt a template, but just put something like this;

 

YOU

SC&M

 

DATE

 

Dear sir/Madam

 

You -v- Lloyds TSB Bank Plc

In the ?????? County court

Claim No: ********

Your Ref: ********

 

I, the claimant in the matters detailed above, hereby serve a copy of my completed N149 allocation questionnaire, which is enclosed.

 

I can confirm that the origional was filed at ******* County court on **/**/**.

 

Please provide me with a copy of the Defendants completed N149, at your earliest possible conveniance.

 

 

Yours faithfully

 

 

YOU

[mattpoole21]

Dear All (and the man Gary H!)

 

Recieved today 14.11.06 (although dated 07th November!) a copy of the AQ from SC&M, pretty standard stuff - asking for a month to attempt settlement! I have prepared the below letter (I borrowed it from another thread!) please can someone cast an eye over it and let me know if its ok to send? Also do I really send a copy to the court? if I do, do I send a cover letter and ask it to be attached to my claim? Cheers

 

Matt

 

 

Sechiari Clark and Mitchell

Department SO, P.O. Box 499

1-5 Queens Road Quadrant

Brighton, East Sussex

BN1 3XJ

 

 

13 November 2006

 

Dear Sir/Madam

 

Matthew Poole -v- Lloyds TSB Bank Plc

In the Birmingham County court

Claim No: 6QZ 66660

Your Ref: SO/MFT/Poole

 

Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on 14/11/06

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one-month postponement in proceedings in order that a settlement may be reached by way of negotiation.

 

Please note that throughout the process of this claim, neither yourselves nor your client have ever given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, in my previous attempts at dialogue with your client has been met with outright refusals to negotiate this matter, and on 31/08/06, I received a letter from Lloyds TSB’s service recovery centre which explicitly stated that the bank had issued its ‘final response’ and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

 

Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a court hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your client’s charges could indeed be proved to be unlawful penalties, which you are trying to cloak as contractual service charges. For this reason, I will only settle for the amount of the claim, namely £ £2,470.35 + court fees.

 

In light of your indication of your intention to negotiate, I will await your communication informing me of how you wish to proceed. A copy of this letter will also be sent to the court.

 

Yours Sincerely

 

 

 

 

Matthew Poole