Chris against LloydsTSB

[sobeski]

so i should just go ahead and file a lawsuit? (and a letter saying "In directing your customer to switch from an ongoing county court lawsuit to the Banking Ombudsman, are you Lloyds TSB, sir, trying to demonstrate contempt for the county court judge, contempt for the law of England?")

 

i havent taken any further action since i received this letter as the response i got confused me as when i have read faq's and other posts the letter they sent me dosent seem to be their standard response!!

[Mistermind]

Lloyds, and to my knowledge Capital one, ALWAYS try to deflect claimants to the Banking Ombudsman, no doubt they have reason to expect a better outcome for them. It IS a standard response, as is "this is our final response on the subject etc" -- final until the bailiffs are poised to march into their branch.

[freebird]

I think if you look through most of the threads re ombudsman..it's not helped and people have pursued their claims through the courts.....

It would seem to be yet more delaying tactics..so I'd keep on with the claims through the courts if I were you....

[tscw1]

LloydsTSB have entered a defence according to Moneyclaim website, I'm now waiting for the AQ

[tscw1]

I've got the N149 Allocation Questionnaire and it has to be returned to Gateshead County Court 08/11/06. I'll be filling this in and sending it this week. I have a pdf copy of the N149 form, could I hand that in? as I can type into that one

[tscw1]

The defence of LloydsTSB is as follows:

 

Claim number 6QZ64179

Claimant Christopher Wilson

Defendant: LloydsTSB PLC

 

Defence:

1.The Defendant LloydsTSB 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 Banks 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, not withstanding that they are an expense to the bank. Such services presently include, but are not limited to, providing;

cheques

bank statements

the facility to make payments by direct debit and standing order

debit cards

ATMs (Cash machines).

3. By maintaining the account in credit, or within any limit agreed by 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 banks own funds. If the bank makes payment, 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 LloydsTSB 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 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 tel you the cost of that service before you give us the go ahead.

 

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

 

5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred during the cours of the 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 arrangements 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 letter.

 

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 1999, and 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 is 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 it's entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the bank.

 

To me that defence looks very weak, but only because I've had the assistance of this website

[tscw1]

I've sent the following fax at dinnertime today:

 

my contact details

Claim no: 6QZ64179

25 October 2006

Sechiari Clark and Mitchell

Department SO, P.O. Box 499

1 – 5 Queens Road Quadrant

Brighton, East Sussex

BN1 3XJ

Dear Sir:

I am writing with reference to claim number 6QZ64179 for which I have just received Lloyds TSB’s defence from you.

I am aware that you will be busy due to a lot of very similar cases involving a request for repayment of charges levied by LloydsTSB PLC, due to encouragement by various national TV programs and websites. Although you will not be able to discuss individual cases with me I am aware that your client has offered several claimants an early settlement before the Allocation Questionnaire has been returned. Therefore I am wondering if your client would like to offer a settlement before I enter my Allocation Questionnaire which is due on 08/11/2006.

 

I look forward to hearing from you in due course.

Yours sincerely,

Christopher Wilson

 

Enclosures: a current list of charges

[freebird]

tsc...

take off your personal info asap

 

on above letter......

[tscw1]

ooops, have done!

[tscw1]

Well I sent off the AQ and they should of recieved it in Gateshead County Court today

[tscw1]

Well I got contact from Gateshead County court and it's been delayed until Feb 07 so we can settle out of court. Even though I put I didn't want that in my AQ. I'll type up the exact wording etc at home tonight.

[tscw1]

Well I don't need to type it up as I've received a full settlement offer, which I've accepted, even on their ridiculous claims that the charges are fair.

 

Hopefully some money will be winging it's way to my bank account just in time for me emigrating

[haglem01]

Congratulations!

 

Great thread, I have just filled in my 'POC' on MCOL yesterday, and if you don't mind will be using your thread to help me!

 

PS lucky fella emmigrating and leaving rip off Britain behind!

 

Haglem

[BARTY]

Congratulations!!! :D

Barty:)

[tscw1]

Well a week on and no money put in my account from Lloyds TSB yet! Even worse I got home yesterday to find a statement from Lloyds TSB to tell me I'll have £30 charges coming out of my account on 02 Jan 2007 for overdraft excess fees.

 

Which is odd as I've never been over my overdraft limit. I even scoured my statements and apart from a £3 EBay charge which put me slightly over my limit, but way short of the £10 leeway limit.

 

So off to LloydsTSB and a query why I would be charged £30 (I didn't mention the legalities of it, didn't want to put their noses out of joint just yet) and was told that LloydsTSB have CANCELLED their £10 leeway and were going to charge me £30 for a £3 bill from EBay, hmmm. I said it was a bit harsh, so a manager invited me into his little room and said as I didn't know they had cancelled the £10 leeway they would reimburse me the fee (well cancel the fee as it's not due until Jan), great I said, he deleted the £30 fee with a simple delete button and typed in a reason in the new box, saved it, closed it and then asked "have you ever had a charge refunded before?", well yes I replied, I'm waiting for LloydsTSB to refund me all of my charges for the past 6 year about £1100 but it's not in the bank yet."

 

It went a bit frosty after that

[haglem01]

Wow, the same happened to me, I phoned up lloyds and asked why i was getting charged £30 for being £6 over drawn, they said thet they've stopped the £10 buffer plus they have now stopped the fact that if you do go overdrawn and pay it off the same day you'll still be charged £30!

They are bleeding Thieves!!

 

They said there is nothing they can do even though I wasn't made aware they'd done away with the £10 buffer!

 

I'm going to go to the local branch and ask for it back as you've done Chris!

 

Thanks

 

Haglem

[tscw1]

and the money is in my account

 

[haglem01]

THAT's BEAUTIFUL!!!!

[BARTY]

Congratulations!!! :D

Barty:)

[upton11]

I am not sure what the correct narrative is to say this, but i adored your last message and am still smiling about it. I woudl have loved to have seen the person's face when your said you were waiting for £1,100. B***** marvellous - it is those little things that make your day.

 

Regards

 

Paula