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!

[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

[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

[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

[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?

[Carrera74]

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

[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

[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

[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?

[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?

[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

 

 

[Carrera74]

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

[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!!!)

[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!

[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!

[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

[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

[Carrera74]

I've just read the notice at the top of the thread. What will this mean for me? Do I continue as normal or sit it out. Oh I wish I'd gone to court in January! eeek.