Sophie2006 Vs Lloyds TSB

[sophie2006]

Hi there, been a passive part of this site for some time and have finally got around to initiating the first move in my action against LLoyds TSB. I've sent off my Data Protection Act request and I received the statements last week, I've toted everything up and it comes up to quite a substantial amout (4 figures).

 

I'd like some advice on how to proceed further, my account is a joint account that I have had together with my husband for some time. As I live in Scotland our small claims process is capped at £750, how can I best proceed with this? Should I split what is owed into £750 segments and send first action letters for each of the individual claims, or should I notify them in one letter only of my intention to reclaim the total sum?

 

We also had a second account with Lloyds TSB that we closed last year, this had slipped my mind at the time of the first DPA request as I was concentrting on the main account we hold. I now intend to send off the DPA request for this account, should I delay the next step for the first account, and wait for these statements to arrive too, then incorporate them in to one larger claim?

 

Sorry for all the questions in my first post but I know I'll get the advice I need here, many thanks for your patience in what has been a very long first post !

[MARTIN3030]

Yes unfortunately looks like you are going to have to split them up.

 

Good thing is you have the figures so no waiting 40 days.

 

When you do your first claim you can say in your prelim letter that you will be seeking recovery of the total charges.

 

Just dont sign as full and final after your first claim is sorted.

 

[djgrazy]

I think this post would be more at home in the Scotland forum. Surely they would be best able to assist? Admin?

[MARTIN3030]

Its her choice as to where she wants to have it.

 

If she would prefere to have it moved then thats no problem.

[sophie2006]

Hi Martin

I am sorry that it's taken me so long to reply to you, thank you very much for your advice I think though that I might be better on the Scottish site and I wonder if you would be kind enough to transfer me to that link.

 

Sophie 2006

[MARTIN3030]

I will try and sort that for you.

[Bookworm]

'tis done.

[sophie2006]

Hi

I am sorry I haven't posted any messages on here yet, as I said previously I have sent off for details of the account we closed last year and I am still waiting as yet, they have about 6 days left to send them out to me but this was exactly what happened last time too. I will keep you posted and let you know as soon as I am ready for the second stage.

[sophie2006]

At long last I have finally received the statements for my second account which I had closed last year and having totalled them up they both arrive at similar amounts £4,600.00 for first account and £4,400.00 an the second, but before I go any further I would like to ask a couple of questions:

 

1:: Is it possible to link both amounts together and claim them back as one or do I have to claim them back seperately ?

 

2:: The bank have "very kindly" supplied me with statements for the second account going back as far as 1997 is it possible to claim that far back or are there regulations in place preventing this?

 

I would be grateful for any help with this as I am very keen to set the second phase in motion.

[MARTIN3030]

This is interesting.

You can indeed link the 2 together for submitting on an N1.

 

So they supplied statements from 1997 ?

There have been claimants who have gone back further than the 6 years.

Let me come back to you on this.

[sophie2006]

They actually supplied back to 1996 but I must have been very good for a year as I didn't have a single charge.

[Mairi]

Are you in Scotland Sophie? If yes you CAN do them both at the same time. Just treat them as totally separate.

You can do a Summary cause between £750-£1500,

or a small claim for upto £750, for EACH account. So long as you state the diff account numbers on the forms

mairi

[sophie2006]

Hi Mairi

 

Thanks for replying, yes I am in Scotland and your information is very helpfull. at teh moment I am unsure what to do next as I was ammazed that the sum I would be claiming would be so large so now I don't know whether to claim through the Scottish courts or the English courts.

I would be grateful for any input on this.

Sophie

[Mairi]

Hi Sophie

It will be a long process if you go through the Scottish courts but it can be done.

BOS owe me £5k, I submitted my first claim in June and am now onto no3. £2200 ish has been returned to me so far.

I havn't really researched doing it through the English court with their £5000 limit, but i know this is possible also. There is a thread on Scots claiming in England

Scots claiming through English courts. (sorry can't get the link to work)

 

You could ask someone there about it.

good luck making a decision

mairi

[sophie2006]

Hi Mairi

 

Thanks for the information I am still trying to decide whether to go throught the English courts as I think this would be my best route.

Sophie

[sophie2006]

Hi

At long last I have received a reply from Lloyds TSB saying that they will look into my request and get back to me as soon as possible.

In the meantime I have printed off my LBA and will post it of to them tommorow.

I will keep you posted on my progress.

 

Sophie

[Ponderosa]

Hi Sophie,

I am in similar situation to you and am curious as to where I send my Data Protection Act Subject Access Request. Is it to the Bank? I apologise for my level of thickness regarding this -just a little confused at present as to where to start. I have copied the example from the Bank templates. Should I send this with the requisite £10 and wait.

 

Regards,

 

Ponderosa

[sophie2006]

Hi Ponderosa

You need to send your request to your own branch FAO The Manager by registered post and just wait. If they are anything like mine they will keep you waiting right up until the last few days.

Good luck

Sophie

[sophie2006]

I have now received a letter from Lloyds TSB saying that the charges were justified and that it is the banks final response.

So now it's court time.

I would be very grateful to anyone who could get back to me regarding caliming through the English courts. Is there anyone living in Scotland ,who has an account in a Scottish branch, and has raised court action in an English court?

Although I have sent everything to my registered branch, all the correspondence I have had from them so far has come from Andover.

The reason I am thinking of going through the English courts is it will take me forever to get back my money if I can only claim £750.00 each time in Scotland. The judge and I will be on first name terms by the end of it all.

I would appreciate any help and advice anyone can give me.

 

Sophie

[msneddon]

It is my understanding that you can claim in England but must have an english address. It does'nt have to be your own address just someone who is willing to take mail for you and pass it on . I would also point out that if you claim in England you will have to travel their to attend court. Look at the summary cause route. I will be using this route for my next claim. Limit is £1500+ court costs.

[sophie2006]

Hi

 

I am sorry to keep asking the same questions but time is running out for me to raise court action, my probelm is if I go for small claims or summary cause it will take several actions to claim the whole amount back as I am claiming almost £10,000 between the two accounts. I know the only way to do this is to raise an action in the Sherriff court with the aid of a lawyer.

I live in Central Scotland and wondered if anyone has already had succcess in this area and could suggest a lawyer that I could approach to fight my case. Glasgow, Edinburgh, Stirling ect: would be ideal and I would be very grateful to anyone that could advise me on this, I have already phoned Govan Law Centre in the hope that they could have provided me with some help on who to approach but they were unable to do so.

I am going to get in touch with the Sherriff court tommorow and ask them a few questions maybe just maybe I will get the answers that I need, I will keep you posted.

 

Sophie

[sophie2006]

Hi

I phoned to the Sherriff court and didn't really get any further, so I have an appointment with a solicitor tomorrow afternoon so no doubt I will have all the information I need to continue with my claim.

I will let you know how I get on and hopefully pass on any information that I gain to the site in the hope that it might help anyone else in the same position as myself.

Things are really heating up for me now and I can appreciate how you all must have felt at this stage, it's very exciting but also very scary.

So until tomorrow.

 

Sophie

[edinburghbeerbucket]

Sophie,

 

I did post something a while ago about using the ordinary cause procedure (which is for claims over £1500), but people were reluctant to go down this route as the bank could - in theory - be awarded their full costs should you loose the case. The chances of you loosing are still pretty slim, but when such a large amount is involved, you can bet the bank will defend it.

 

I'll post a link to the thread with my ordinary cause template once I go off and find it. As I said in that thread, it's never been looked at by a lawyer. Perhaps you could take it into your meeting and see what he says?! That way people will know how reliable it is.

 

I'm off to find the link!

[edinburghbeerbucket]

here it is:

 

http://www.consumeractiongroup.co.uk/forum/scotland/40670-marwick-bos-help-advice.html#post324172

 

If you want one to print off, PM me and I'll email it to you.

 

Let us know how you get on!

[sophie2006]

Hi EBB

Thank you for your help and advice, I am so confused with all of this I am terrified of making a mistake and losing everything (which would be norm for me).

As my normal luck would have it just as I was gathering everything that I needed together to take with me to Solicitor's appointment yesterday the phone rang "Hi this is solicitor's office just to let you know she has been called to court and your appointment has been cancelled" told her I had arranged half day holiday off work for appointment and she said she was sorry but she could offer me another for Monday morning, told her I needed it to be afternoon she said it would then have to be 5th December, pointed out that I didn't really want to wait that long and through no fault of my own the one I had had been cancelled told that if I can't manage mornings it's the best she could do. Phoned work and arranged for a day off and accepted Monday's appointment.

Not happy at all I had hoped to have some answers by now.

Still thinking of going for several summary cause claims though a little undecided.

I have been reluctant to do this in case after the first or second that my claim was declared finalised and I lost the chance to claim the full sum, but reading through a lot of the threads quite a few people have already gone down that road and been successful.

If I do go and seek legal advice from solicitor I will ask you to e-mail a copy so that I can print it off and ask about it.

 

Sophie.