Carrera74 v Lloyds TSB

[c_allen]

hi

don't bother sending lba through post, print 2 copys and take them into local branch, get them to date stamp and sign both, have an envelope with address on and leave 1 copy with them to go through their internal mail. it's cheaper this way and you have proof of delivery and the clock starts ticking straight away,

[GaryH]

Could do, but it does'nt really matter either way. All the charges complaint correspondance goes through 'customer care' in Birmingham anyway.

[Carrera74]

Received this today. Bit concerned about this especially as I didn't mention credit card defaults -

 

Dear Carrera74

Thank you for getting in touch with us. I am sorry you are unhappy over your account charges.

Like any business, we do make a charge for some of our extra services. When a customer doesn’t have enough in their account to cover a payment, this always means additional work. We must either make the payment for you via an overdraft or send the payment request back. Either way, it has to happen speedily. We feel it’s only fair to charge for the extra work involved.

Of course it is only fair, too, that we’re completely open about any charged-for services before you take them up. That’s why we take care to provide every new customer with the latest guide to our charges. You can also get up-to-date details about fees and borrowing rates at all our branches, via our helpline and on our website.

Just as importantly, we do everything we can to help our customers avoid charges altogether.

I’m sure you’ll know how easy it is to keep a running check on how much is in your account. You’re free to get an up-to-date balance at any of our cash machines, over the phone, online and nowadays even by text to your mobile.

If you know a payment is going to take you over the limit, you’re welcome to see if we can raise your limit - and we can usually give you an answer straightaway. You might know, too, that we don’t usually charge fees if it’s the first day in 12 months that you’ve gone overdrawn without agreeing it with us beforehand. And we never charge an overdraft excess fee more than three times in any one month, however many times you go over your limit.

You’ve mentioned the new guidelines from the Office of Fair Trading on credit card default charges. We don’t’ agree with the OFT’s thinking on this and we’re still talking it through with them. But the important point is that the guidelines only concern ‘default’ charges. The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard prices for the service we provide in these situations. So according to our legal experts, the OFT’s guidelines on credit card default charges to not in any way apply.

I do hope you can see that we make our charging system as fair as possible - and why I cannot agree to cancel your charges.

This letter is the bank’s final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. I have enclosed their leaflet that outlines how to contact them.

Thank you once again for taking the time to raise your concerns with us.

Yours sincerely

Howard Callanan

[Carrera74]

I haven't had chance to send my LBA yet so should I send it, wait the 14 days then continue?

[Dmcauley]

Send them a letter telling them you're happy to accept these charges *if* they are truely representing the cost to them for your breach. Then ask them to give you a detailed breakdown of how these "costs" are worked.

 

Then restart your clock

 

Since all banks seem to be unwilling to prove that the charges are true reflections of the costs they incur (I wonder why! ), this letter should shut them up.

 

Ofc if they DO provide a breakdown of their costs, I'm sure we'll all be thrilled to see them!

[GaryH]

Take no notice of that letter, its just the standard rubbish. Stick to your timetable as planned.

[GaryH]

Send them a letter telling them you're happy to accept these charges *if* they are truely representing the cost to them for your breach. Then ask them to give you a detailed breakdown of how these "costs" are worked.

 

Then restart your clock

 

Since all banks seem to be unwilling to prove that the charges are true reflections of the costs they incur (I wonder why! ), this letter should shut them up.

 

Ofc if they DO provide a breakdown of their costs, I'm sure we'll all be thrilled to see them!

 

Although these are all good points, to send a further letter would be a complete and utter waste of time and paper. The prelim in the templates already asks for a disclosure of their true costs, and to start the timetable again is playing straight into Lloyds hands and ultimately would only cause you another months delay. Why enter into a protracted exchange of correspondance? The response would be the same. Lloyds simply won't pay up untill you file a court claim and the quickest and most effective path to that stage is prelim then 14 days, LBA then 14 days, then file a claim. To delay the pre-litigation period is pointless.

[Dmcauley]

Oops I didn't mean restart the clock as in from the beginning, but to send the letter then continue the countdown from where it paused. Sorry for the confusion.

 

The point being that this would show that they are the ones slowing the process down, not us.

[GaryH]

Oh, ok fair enough. Even so though, there still is'nt any point sending any further letters. Lloyds would dismiss it as they do with any letter regarding charge complaints. The prelim and LBA are worded specifically to cover all the necessary bases prior to litigation.

[Carrera74]

Help with Letter Before Action

 

Am I okay to just delete this bit of the LBA "I am very disappointed that you have failed to respond to my letter of the 9 October 2006" and replace it with something like "Further to your letter dated 4 November" or do I need to re-word the whole letter?

 

I'm worried I'm going to trip up and make a mistake so just want to be really careful

 

 

[BARTY]

Hi

You could put "I am disappointed that you failed to respond positively...".

Don't worry, you can't do anything wrong really at this stage.

Barty:)

[Carrera74]

Thank you LBA will be in the post tomorrow!!!

[c_allen]

COME ON GIVE US AN UPDATE, sorry for shouting lol

[Carrera74]

Stop shouting you!

 

I still haven't sent it but intend to tomorrow on way to work.

[Carrera74]

LBA has gone today (at long last!!!)

[c_allen]

about time to lol;)

[Carrera74]

Received letter last week saying they are sorry for the charges etc etc and if they don't hear from me within 28 days they will close my file.

 

I guess it's off to Moneyclaim now, eek. Lots of reading up on here first. I don't want to mess up now!

[c_allen]

don't worry, theres everything you need to know in the library, and if your not sure you can always ring me.

[Carrera74]

I was scared off by the TSB claim that went in the banks favour but have decided to go for it. I've nothing to lose! I'm getting very confused reading up again. It's been a while since I've been on here so going to read up loads this weekend and get my form sent off to court.

 

Wish me luck!

[c_allen]

good luck

[Carrera74]

As I sent the letter before action off back in January do I need to do anything else before I fill in the form at Moneyclaim? I'm a bit worried that it's been that long since me giving them 14 days and then going to claim that they can use that against me.

 

I have been looking around here and through my paperwork and I am confusing myself no end

[BARTY]

Hi

I would send another LBA, with your latest schedule of charges, give them another 7 days, then start the Court claim.

Barty:)

[Carrera74]

Thanks I'll go with that.

[Carrera74]

I've just double checked through my statements and have found another £80 worth of charges. Should I just add these onto the spreadsheet and send with my LBA? Or stick to the original amount I asked for in my last letter before action back in January? Sorry to sound dumb, I just want to get this right

[christinajanep]

you can add any new charges upto the point where u file ur claim with the court