Carrera74 v Lloyds TSB

[Carrera74]

Hi All

 

Well after much debating whether I should or shouldn't I sent my first letter to the Customer Services Department yesterday requesting my statements. The final straw came a couple of weeks ago after I had contacted my bank and asked if they would increase my overdraft temporarily (til next pay day) as I knew I was going to be a bit short for direct debits that were due out. They said no but would give me a loan!!!! Decided against this and received a letter from my bank saying that they were taking nearly £300 out of my account this month due to the direct debits being knocked back and going over my overdraft. I'm not a happy bunny

 

Well I hope I can get some of my excessive fees back but am worried I may have missed the boat. Also feeling a bit nervous about this and hope I am not the first to be told no!

[mariep1208]

Know just how you feel but the time has to come to say to them enough is enough, I'm sick to death of the monthly charges that land me further in debt and I'll be buggered if Lloyds are gonna make me bankrupt!!

 

Good luck and keep us informed on your progress

[Carrera74]

Well I sent my statement request letter on 3rd August and followed this up 2 weeks later with an email only to be told it had gone to the wrong address (I'd sent it to the Gresham Street one) so I sent another letter to the correct address at Birmingham on 17 August. Sent a reminder via email a couple of days ago and have just received an email saying that customer services will look into it with the Copy Statement Unit. Wish I'd sent this recorded delivery now as sent my first letter over a month ago. Got a feeling I'll be fobbed off again :S

[reload]

Hi Carrera,

 

Irrespective that the letter went to the wrong address, the 40 days from the point of your first letter is still relevent. Get back to them and let them know the clock is ticking

[Carrera74]

Hi Carrera,

 

Irrespective that the letter went to the wrong address, the 40 days from the point of your first letter is still relevent. Get back to them and let them know the clock is ticking

 

Really? even though I didn't send it recorded? And here's me thinking that the Customer Services dept were being helpful looking into it for me and then advising to send it again to a different address!!

 

Think a call to their Customer Services dept is in order!

 

Thanks

[GaryH]

As Reload says, it does'nt matter where you sent it so long as its a registered business address of the company you are making the request to. You could send it to any of their offices - or any branch for that matter - and it would be valid. The only problem I can forsee is that you did'nt send it recorded. If it was "lost in the post" you'd have nothing to prove it was ever sent, so it could'nt really be enforced. That said, I'm sure it won't come to that - they're very busy at the moment apparantly ( ) and they may just need a gental nudge. You are welcome to use my Data Protection Act 'gental nudge' letter if you like. Its worked every time for me so far. (Yes, I did have my tongue firmly attached to my cheek when I wrote the second paragraph! )

 

----------------------------

 

 

 

(YOUR ADDRESS)

 

 

Penny Berryman

Senior Manager

Data Protection Dept.

Lloyds TSB Bank PLC

The Pentagon

48 Chiswell Street

London

EC1Y 4XX

 

 

(DATE)

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: **********

 

You have, to date, failed to comply with my Data Protection Act 1998 Subject Access Request. This request, dated (**/**/**), was sent to (THE ADDRESS YOU SENT IT) by first class (recorded) delivery on (**/**/**), along with a cheque for the statutory maximum fee of £10. Please find a copy of the Subject Access Request enclosed with this letter (along with a copy of the proof of postage).

 

The 40 days allowed for compliance will expire on (**/**/**). As a reputable and esteemed organisation, I trust that you take your legal responsibilities seriously and that you intend to fully honour your obligation to provide me with the information that I have requested, within the required period.

 

However, I wish to make clear that should you fail to comply, or fail to comply in full, I will seek a court order under section 7 and 15(2) of the Data Protection Act 1998, obliging you to do so, together with damages at the discretion of the court. Furthermore, I will file an official complaint with the Office of the Information Commissioner, as well as the Financial Services Authority.

 

 

 

Yours Faithfully

 

 

 

 

 

(YOU)

 

 

If you do use it, don't forget to attach a copy of the SAR

[reload]

Yep. You gave them the Subject Access Request - irrespective of whether it was their Data Protection department, the Customer Services centre, or even handed it in to a branch - you gave it to them. What they do with it in the meantime of the 40 days is entirely up them - however, they must give you the details you request within those 40 days. Especially as they confirmed they received it, they haven't got a leg to stand on if you need to complain to the Information Comissioner.

[Carrera74]

Thanks both for your advice

 

Got home tonight to a battered A4 envelope and lots of statements inside - going to tackle them later once I get over Hollyoaks! hehe

[Carrera74]

And they'd received the request on the 10th so obviously received the first letter - mr customer services gave me the run around!!! not to worry got them now

[GaryH]

Excellant news! Onwards and upwards with the next stage then.

 

Keep us posted.

[Carrera74]

Just worked out my payments to the TSB over the last 6 years and it works out at £1265.00!! I’ve included unpaid direct debits and also overdraft excess fees. I had a few other charges for £15 but I have no idea what these are so going to leave them out. I’m going to send the preliminary approach for repayment letter on Monday but just wondered if it matters on the breakdown in which order the penalties are listed. I’ve listed the earliest ones first – is this okay?

[reload]

Earliest ones first is fine

 

I'll be doing the same with my round 2 effort when the statements come in.

[Carrera74]

Just wondering if I can include 'Overdraft Usage Fee' in with my calculations?

[GaryH]

My LTSB account has'nt got an O/D so I'm not entirely sure, but probably not. Is the fee a set amount payed every month for the normal usage of your overdraft? Then no, becouse its a legitamate service charge. If its any sort of penalty for going over the limit or anything like that, then yes, its reclaimable.

[Carrera74]

There's only 2 of them at £25.00 each which makes me think it's a penalty. Think I may leave it out to be on the safe side.

 

I noticed on someone elses thread that they were included in their calcs but haven't seen it on anyones apart from that one.

 

Thanks

[GaryH]

Probably a penalty then. Check with someone else though, to be on the safe side.

[saj]

Hi carrera74, I added them to mine (also only 2 right at thwe beginning of the 6 years) and no one has mentioned anywhere along the line that there might be a problem.

Saj x

[Carrera74]

Thanks Saj Mine are at the beginning too. Think I'll add them on - I'm sure they'll let me know soon enough if there's a problem.

[Carrera74]

Just a quick question and I'm sure the answer is in the FAQ's so apologies but I've looked and can't seem to find it but where do I send my request for payment letter to - the same address I sent the statement request? This one?

Lloyds TSB Bank plc

Customer Service Recovery Centre

125 Colmore Row

Birmingham

B3 3AZ

[GaryH]

Thats the one Carrera.

[Carrera74]

Thank you

[Carrera74]

Have now sent my preliminary letter. I await my response....

[Carrera74]

Received a response this morning (exactly 2 weeks after they received my letter)

 

Dear Carrera74

 

I am just writing to let you know that we've received your complaint - and to say how sorry I am to learn that you're unhappy with us.

 

You have my assurance that we will investigate the concerns you have raised with us - this may take a little time but I would expect our enquiries to be complete within the coming 2 weeks. We will then be able to respond in full to your complaint and at that stage, I hope, resolve matters between us.

 

In case you haven't received a copy of our leaflet called 'How to voice your concerns' I've enclosed one with my letter. This tells you all you need to know about resolving your complaint with us.

 

Yours sincerely

 

Sian Scrase

 

 

Am I right in thinking I send the 'letter before action' letter now - I don't need to wait another 2 weeks for them to investigate?

[GaryH]

Thats right. Its they who owe you money, so its you calling the shots. Stick ridgedly to your timetable, and take no notice of their standard template replies. Send the LBA, then be ready 14 days later to file the court claim.

[BARTY]

Hi

Yes you should send the LBA now, they have already had the 14 days.

Good Luck

Barty