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Mindzai & Lucid vs Lloyds TSB ***WON UNCONDITIONALLY WITH CONTRACTUAL INTEREST***

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Hi. I'm sure you all know the story, We're fed up of being taken advantage of etc. Now it's time to do something about it. We (my girlfriend Lucid and I) will be claiming back what is rightfully ours.

 

I apologise in advance that this first post will be a little long, hopefully it won't put you off reading and offering advice! Here's the situation so far.

 

Prelim letters were received by Lloyds 10th August, one for each of our sole accounts and one for our joint. We received the standard "we have received your complaint and intend to do as little as possible, as slowly as possible blah blah blah" reply each.

 

Their 14 days are now up, so the letters before action have been drafted. We used the template LBA from this forum with the following two paragraphs added:

 

I calculate that you have applied £402.79 in levies and further, I also claim interest at a rate of 29.8% as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your Unauthorised Overdraft interest rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed as of today’s date is £472.32.

 

My records show that you intend to take further charges of £30 and interest of £2.01 from the above account at the close of business on 11th September. These, and any other charges you apply to this account subsequent to receipt of this letter will be added to the claim along with any interest they incur.

 

As you may notice I'm charging them their own most expensive interest rate for the misappropriation of my funds, as described in BankFodder's thread, here. Although the extra £70 will be nice, my main motivation for doing this is to **** them off as much as possible. The worst case scenario is I will have to accept the 8% I am entitled to by law. If they want to settle without taking me to court, they will have to pay me the interest at their own rate. If they do want to take me to court, I'll enjoy seeing them attempt to prove that their charges are an accurate reflection of their costs, that would no doubt be a highly entertaining display. Especially since I've had a Lloyds rep from their collections dept admit that it is all handled by computers on the phone.

 

So that is where my claim is at right now. As an aside though, both my joint and sole accounts have been taken over their agreed overdraft limits due to charges taken out. I had previously moved everything, bills, wages direct debits etc to a new account with a whole other bank, and I have absolutely no intention of clearing this excess, unless it's with Lloyd's money. Since I filed my prelim letter they have started to get nasty about this (would love to hear what the FSA have to say about their retaliatory action), so I thought i'd fill you in on that too in case anyone has any advice or comments to offer.

 

The first thing I got was the following letter, dated 17th August (1 week after they recieved my prelim):

 

1200 Parkway

Solent Business Park

Whitely

FAREHAM

Hampshire

PO15 7AQ

 

Our ref: XXXXX/XXX

 

Date: 17th August 2006

 

 

Dear Mr Mindzai,

 

Your Account Details: XXXXX XXXXXXXX

 

As you know we have been trying to contact you for some time (they haven't). We wanted to help you to get your account running smoothly and we wrote to you a number of times about it, offering our help(they didn't). Because we have not been able to come to an agreement that we are both happy with we would now like you to repay the £120.63 you owe us(good luck).

 

We will add charges and interest of £32.45 to this every month, based on your present outstanding balance and interest rate (I'd especially love to see them justify this one as a legitimate charge and not a penalty!). This sum may change as your balance alters (e.g. by the charges we have added) or if interest rates are varied.

 

It is very important that you take this letter seriously.

 

We need you to pay back the money you owe us within 28 days. If you do not, the next thing we will do is register the details of your debt with the credit reference agencies, Experian Ltd, Equifax PLC and Callcredit PLC. This information will stay on your records for six years.

 

This could mean you will have trouble getting credit elsewhere because most businesses such as banks and building societies use these records to judge how you manage your money and if you are a good risk. Sometimes your credit rating can even affect members of your family or any business associates (more scare tactics - as they well know they can't do this as the debt is in dispute).

 

This is why it is so important that you pay us what you owe us within 28 days. This will stop us from contacting the credit reference agencies about you.

 

Let us reassure you that our aim has always been for you to be happy with your account and to help you run it smoothly. So please do call us if you think there is anything you could do which will mean we will not have to take the steps we’ve just explained. (how about reminding you that taking the steps would result in a breach of the banking code?)

 

Yours sincerely

 

 

Angela Raper

Business Manager

You won't be surprised to hear this annoyed me! Not least because section 13.6 of the banking code states that:

 

We may give information to credit reference agencies

about the personal debts you owe us if:

• you have fallen behind with your payments;

the amount owed is not in dispute; and

• you have not made proposals we are satisfied with for repaying your debt, following our formal demand.

So here is my reply:

 

Customer Service Recovery Centre

Lloyds TSB

125 Colmore Row

Birmingham

B3 3SF.

 

 

21st August, 2006

 

 

RE: Letter Reference XXXXX/XXX

 

Dear Sir/Madam,

 

ACCOUNT NUMBERS: XXXXXXXX & XXXXXXXX

 

 

As you will be aware, I have recently disputed the balances of my two current accounts on the grounds of unfair and unlawful penalty charges which have been levied against me.

 

As these accounts are in dispute, I have stopped all payments going in or out of them until the issue is resolved. Section 13.6 of the Banking Code clearly states that you may only pass details of my debts to the credit reference agencies if the debts are not in dispute. As previously stated, I have disputed these debts in writing, and the letters were received by you on 10th August 2006. Furthermore, I spoke with a Lloyds representative in the collections department on 19th August who informed me that Lloyds would continue with legal proceedings after 10 days, despite the fact that I informed her of the disputes. As you are aware, this would constitute a further breach of section 13.6 of the Banking Code.

 

Due to the fact that you have chosen to contact me demanding payment seemingly upon receipt of my complaint, I can only conclude that this action is retaliatory. I have attached a copy of the FSA position regarding retaliatory actions due to customer complaints for your consideration.

 

You also state that you have written to me a number of times to offer help, which I have declined. I have received no correspondence concerning the debts in question other than two letters for each account demanding that I bring the accounts back into balance. I did however contact your customer services department concerning the unlawful charges which caused me to exceed my agreed overdraft limit before the charges were debited from my accounts, and was offered no help whatsoever. After being passed between various departments, I was eventually advised to find a higher paid job and to cut back on my living expenses, and what’s more was offered this advice in an extremely rude and offensive manner.

 

I would also like to mention that I am both shocked and appalled by the fact that you have decided to impose more unlawful charges on my account when it is in dispute and without informing me prior to doing so. As mentioned previously I spoke to a Lloyds representative two days after the date of the letter you have sent, and she did not inform me of any charges. In fact, she told me she would note the dispute and ensure I was not contacted regarding the matter for a further 10 days.

 

I would be grateful if you would stop any charges on my accounts until my dispute is fully resolved, at which point I will pay off any outstanding balance. If you persist in imposing any further punitive charges on these accounts, including charges for legal letters, they will be included in the amount I am claiming from you, and I will be forced to seek a court injunction to prevent you from taking any further action. I would also like you to take note that I will only correspond with you on these matters in writing and do not wish to be telephoned again.

 

 

Yours faithfully,

 

 

 

 

Mindzai

Then today, I recieved this little gem:

 

Collections Centre

Brighton BN1 4BE

 

Date: 18th August 2006

 

Our Ref: CHM0001

 

Dear Mr Mindzai,

 

According to our records your accounts as detailed below are in arrears. The administration of these accounts have therefore been passed to our Collections Centre.

 

Product A/C No Arrears

 

Cheque Account XXXXXXXX 254.78

Cheque Account XXXXXXXX 88.18

 

Total payment now due : £342.96

 

We would ask you to CONTACT us on the above telephone number, IF:

 

You have not already made payment or are unable to make payment within the next 48 hours.

OR

You anticipate a problem with future payments being paid on time.

 

However, we would ask you to ignore this letter, IF:

 

You have recently made payment in full.

OR

You intend making payment within the next 48 hours.

 

Important information is enclosed covering:

 

* The charges you have/will incur.

 

* Consequences of continued late payment.

 

* Making contact with us.

 

* Payment methods available including payment by debit/credit card.

 

* What to do if you have additional accounts/services with Lloyds TSB bank plc not

recorded above.

 

Yours sincerely

 

 

Manager, Collections Centre

So they send me a letter dated 17th giving me 28 days to repay their charges or face their (uninforcable) conseqences, and the very next day send another one giving me 48 hours! I did intend to write to them about this, basically telling them to get stuffed again, however I phoned them to inform them that I would be writing due to the 48 hour deadline (which had already passed by the time I got the letter by the way, another neat little scare tactic). However I ended up speaking to quite a helpful woman who told me ignore the letter for now as the debt was disputed, so I won't bother writing.

 

Anyway, if you've managed to read this far well done! I'll be quiet now unless anyone has any advice/comments/suggestions etc. I'll keep you posted as things happen.

  • Haha 2

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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WTG Mindzai & Lucid welcome to the Lloyds chasers gang lol

you seem to have it all in hand so I'll just say good luck and keep at it mate

Freebird x


1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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cheers freebird, We will keep at it until we have our money back, don't worry :D


Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Good luck with your claim, you will certainly have them on thier toes, perhaps they should read the banking code properly before they write to you again. Please keep us informed of how things progress:p


9/8/2006 Moneyclaim Submitted £490

15/8/06 Reply from court, Lloyds have acknowledged with intention to defend

11/9/06 28 days to the day defence submitted by Lloyds

13/9/06 AQ received reqd to return by 30/9/06 to Rugby CC

29/9/06 AQ completed and returned to court

 

 

I'd like to see things from the banks point of view but I can't seem to get my head that far up my a**.

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Hi. As Mindzai mentioned we are going to be posting our Letters Before Action today. Our standard responses finally arrived in the post today - one for each of us. I'm sure most people have seen the format of these, but I'll post it for anybody who hasn't:

 

Customer Service Recovery Centre

125 Colmore Road

Birmingham

B3 3SF

 

Date: 23rd August 2006

 

Dear Miss Lucid,

 

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 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 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’s 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 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 is 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 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 do 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 t contact them.

 

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

 

Yours sincerely

 

Ms Musarat Siddique

Customer Service Officer

So we've got our LBAs prepared with 29.85% AER interest [at the contractual rate for unauthorised borrowing] now added to the total amount. We worked this out by using the advanced excel spreadsheet and changing the 8% to 29.8% [producing simple interest but at a higher rate], which has worked really well. Today the totals we're claiming for each account are:

 

Mindzai - £472.32

Lucid - £510.99

Joint - £1509.79

 

So the LBAs will be posted later and I'd imagine we probably won't get a response until the 14 days are up. We have also applied for our Statutory Credit Repots from Experian and Equifax which should arrive in 7 working days. We're interested to see how much damage has been done as a result of Lloyds charges - if there is a lot of damage then I believe I've read somewhere that we can get these details removed if we're successful with our claims.

 

We'll keep you updated with any repsonses as we hear them. :rolleyes:


Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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I think the best thing about adding conractual interest as it means Lloyds' tactic of dragging their heels as much as possible works completely in our favour :D

 

I don't know how they get away with abusing the court system like they do. They know they'll have to settle yet they waste the court's time over and over again by leaving it to the last minute.

  • Confused 1

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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OK assuming Lloyds are going to follow their usual route with us, our next step will be filling in N1 claim forms.

 

Can anybody advise on something suitable to put in the 'brief details of claim' section, particularly with regards to how we should word the claiming of contractual interest?

 

I'm also in the process of drafting the 'Particulars of Claim' section, which so far looks like this: (standard aside from one small addition)

 

1. The Claimant has an account [ACCOUNT NUMBER] ("the Account") with the Defendant which was opened on or around [DATE].

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. In the event that the charges are not a penalty, they are unreasonable under the Supply of Goods and Services Act 1982 s.15. The Defendant has declined to justify the charges.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £SUM and any interest charged thereon;

 

c) Court costs;

 

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

Obviously I also need to change "Interest pursuant to section 69 County Courts Act..." to relate to the contractual interest. Any advice on the wording for that? Is there anything else that people have included in their particulars that they feel were helpful?

 

One final question: I'm concerned that a few people have had sections in Lloyd's defence stating that the particulars do not demonstrate how the figure was arrived at, and are too vague. I'm assuming attaching a printout from the spreadsheet is sufficient in demonstrating how the figure was arrived at? Obviously as this is the first point at which the court are involved I want to get this 100% correct and give Lloyds no ammunition to use against me.

 

Any advice greatly appreciated.


Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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*Bump*

 

Anyone have any thoughts?


Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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I noticed one post where the claimant had used Moneyclaim On Line, and had failed to notice it truncated the details of their claim. If I recall correctly, they were having to resubmit the claim through the local court.

 

As for failing to show in sufficient detail - I guess in the text of your claim, you have to explain what the spreadsheet is showing, and how the judge is to check the details in the spreadsheet, and how the judge is to use the details in the spreadsheet to arrive at the total amount to award.

 

Bear in mind it's possible that the judge could strike out some of the things you are claiming; but you still want them to be able to calculate how much you are owed from the remaining items. (In your case, the judge might decide that 29.8% interest is not permissible; so you want the judge to be able to substitute an alternative figure and redo the calculations.)

 

Tim

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I dont agree that you have to explain the spreadsheet assuming you are using those provided in the spreadsheet.

 

The information they need at least at this stage is the date a charge was incurred, what it was for and the amount.

 

then the interest charged on those payments that you actually paid.

 

If you are claiming contrasctual interest then you change the value from 8% to your specific value.

 

If there are estimated charges a simple note say that these are estimated and will be amened in line with acutal charges when the defenandt supplies the correct data.

 

This is enough for them to work out what you want and what you think is unlawful.

 

when you go to court you can provide all the support for your methedology for making estimates, chargin interest etc.

 

I think that you should put in the form something along the lines of 'a)the claimant is applying the contractual rate of xx.x% which is the rate for exceeding the o/c - cash advance on the basis of mutuality and reciprocity (sp?).

 

In the event that the court deems this unsuitable then I would ask them to consider the rate b) xx.x% as the standard rate on an overdraft or in the alternate I ask that c) Sec 69 CCA interest is applied.

 

I further ask that the interest is calculated at a daily rate from the date of the application of each chagre at the rates of a)x.xxxx% b)x.xxxx% or c) x.xxxx%'

 

You migh tnot want to give the court the option personally i am not sure about giving choices, im not certain if the judge can strike out the claim on the basis of the claimant selecting thw wrong rate, i guess small claims and fast track may be different.

 

Anyway hope that helps

 

glenn


Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Thanks for the input, I'll draft something over the weekend and post it up for people to cast their eye over before filing it on Thursday.


Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Gosh, I am frightened already after reading all that.

Mindzai, who did you write to at the Subject Access Request stage? I wrote to the address that Lloyds are registered with for Data Protection. I wrote 29/08. They received AND wrote on 30/08 for me to receive on 31/08 giving me an entirely different address, and a different payee for the £10. I looked up this address they have given and it is not even listed on the DP site. The plot thickens, but I will not be put off.

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Hi Balbadier,

 

We didn't need to do the Subject Access Request because we have all of our statements on online banking. Is the address you've been given either of these two [/url]here?

 

Mindzai has recently sent a Subject Access Request to Penny Barryman for a credit card that he had quite a while ago. I wonder if he'll get the same response as you did?

 

Good luck and keep at it. Lucid :)


Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Hi everyone. Well we thought that they were going to leave us alone about the arrears but unfortunately Mindzai received this letter in the post today regarding our joint account.

 

Collections Centre

Brighton BN1 4BE

 

Date: 30th August 2006

 

Dear Mr Mindzai,

 

IMPORTANT : YOU SHOULD READ THIS CAREFULLY

 

ENFORCEMENT NOTICE Served Under Section 76(1) of the Consumer Credit Act 1974.

 

Cheque Account No : xxxxxxxxx

Cheque Account Balance : £-1054.78

Unauthorised Overdrawn Amount : £254.78

 

The terms of the above Overdraft Agreement include the rights of the Bank, at any time to terminate the Agreement and to demand immediate repayment of the overdrawn amount.

 

We hereby give you formal notice of our intention to terminate the Agreement on 8th September 2006 and to demand payment of £254.78 plus interest, which is accruing daily.

 

The amount payable is based on the balance at todays date plus accrued interest and charges. The balance will need to be adjusted to follow any further debits or credits to the accounts. In the meantime your right to withdraw is suspended; you should not write any more cheques, and no other payments out of the account (standing orders, direct debits etc). will be made.

 

If you are unable to make this payment you may be able to avoid further action by telephoning us now on 0870 – 2424760 to discuss repayment proposals.

 

IF YOU HAVE ANY DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT, OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU (OR ANY SURETY) MORE TIME.

 

IF YOU ARE NOT SURE WHAT TO DO YOU SHOULD GET HELP AS SOON AS POSSIBLE, FOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS ADVICE BUREAU.

 

Dated this day 30th August 2006

I received a phone call from this department on 25th August to get me to repay the arrears on our joint account - despite the fact that they phoned Mindzai on 19th August about this very same issue. He then proceeded to write them a letter to confirm that while the account is in swe will not pay any arrears - they received this on 22nd August. Follwing my phone call with them on 25th I wrote them a letter covering the same thing and they received this on 30th August, I also forwarded a copy to the Customer Recovery Centre, and in this version I included a copy of the Notcie pursuant to s.10 of The Data Protection Act 1998.

I think that the next step will be to now send a copy of this notice to the Collections Centre so that they can get this directly. It seems very clear that this letter Mindzai has received today is a direct retaliation to the letter they received from me on 30th August - you'll notice that their letter is even dated the same day!

 

Anyway we are not going to be paying the arrears on this account, or any other until our dispute is resolved. We'll see what they think of receiving the above notice - hopefully it will put them on hold for a little while.

 

Lucid :)


Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

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Does anybody know where I can find the Consumer Credit Act 1974 so I can check it our? I can't find a copy anywhere on the web.

 

Also, does anyone know of any legal basis for arguing against this enforcement considering the amount was disputed before they started this?

 

They are clearly trying to scare us and make sure we don't have the money to pay court fees, and I will be reporting them for this, but I'd like to have some legal basis as well a moral basis for doing so.


Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Can anybody help with the above post please?


Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Well, you can apply for an injunction in the County Court (using a form N16A) to prevent the bank from taking any action whilst the account balance is in dispute. But I'm blowed if I can find the grounds! I suspect it might be UTCCR, but you need an expert to advise you. I would suggest Bankfodder who, if unable to help you personally, would point you in the right direction.

 

Elsinore


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Thanks elsinore. Yes I may try to contact BF - I know he says not to PM him unless nobody can help so I'll give it till tonight to see if anyone else can help. It would be good if someone with the relevant legal knowledge could address this issue because I've read about quite alot of people who are in the same situation - it seems to be a new Lloyds tactic to prevent you from claiming. After all, how many people can afford to pay of a thousand pounds in one go then still have money for court fees?


Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Received exactly the same type of letter from Lloyds Collections the other day.

Telephoned and got run around just wanted to arrange payment plan despite my stating that account was in dispute and claim value of charges was in excess of total overdraft.

Sent them a fax confirming this and that we would not be paying arrears until dispute was settled and quoted DPA.

Strange thing is although it is a joint account my wife received the same letter today dated differently but with a different termination date.


Joint

Lloyds TSB - Settled £5,188.02 Day before Court date. 2nd claim for charges coming soon.

First Direct - Settled after prelim letter £423.50

Personal

Lloyds TSB Mastercard - Coming Soon

Barclaycard - Coming soon

GE Money - Coming soon

First Direct Mastercard - Coming soon

 

Wife's

Littlewoods Catalogue - Judgement by default (No defence submitted) £121. Cheque received.

GE Money - Coming soon

Sainsburys Bank Visa - Coming soon

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Yes mine's a joint too and they've sent nothing at all addressed to lucid regarding this. Good for you for not giving in. I'm certain this is just a tactic to leave you without the money for court costs - they've decided to demand repayment on the day after my claim is due to be submitted.


Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Hi Balbadier,

 

We didn't need to do the Subject Access Request because we have all of our statements on online banking. Is the address you've been given either of these two here?

 

Mindzai has recently sent a Subject Access Request to Penny Barryman for a credit card that he had quite a while ago. I wonder if he'll get the same response as you did?

 

Good luck and keep at it. Lucid :)

 

Hi there, in reply to the above, I got the address from the data protection link, and it was 48 Chiswell Street. I made it for the attention of the Data Controller, Nominees Ltd. What is hilarious is I got a reply from Penny A. Berryman who is named on your link above. She has sent my £10 cheque back to me, sarcastically calling my letter undated (despite me sending it recorded, dating my cheque 29/08/06 and a member of her team stamping it received on 30/08/2006), and suggesting that I write a new cheque to Lloyds TSB Bank Plc and send it to Swallow House PO Box 139, Birmingham, B1 3AL. THIS ADDRESS IS NOT listed on the Data Protection website and should be if that is where they want people to write to. Had she got her facts straight, and known that the address is not registered maybe she would have been kind enough to redirect my letter in the internal mail. Now I have to waste another 99 pence on writing again to the address she suggests. I am going to ring Data Protection on 01625 545 740 to let them know of this bizarre situation. Just didn't have chance on Friday. Wish me luck.

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Well the fact is, you want your data from lloyds, and you wrote to them asking for it requesting payment. It is not your responsibility to communicate between their departments for them. Make sure you count their 40 days as starting from the day they recieved your money. Legally you just have to offer payment of £10 and make the request and their 40 days starts ticking. Obviously as you want your data asap you'll have to contact them again, but make sure they are well aware that firstly their 40 days has started, and secondly you have already offered them payment once which they returned.


Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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We each received a second 'the answer's no' response today. I'm sure most of you will recognise it by now but just in case:

 

Customer Service Recovery Centre

125 Colmore Road

Birmingham

B3 3SF

 

Date: 1st September 2006

 

Dear Miss Lucid,

 

Thank you for your letter dated 24 August. I have noted your comments, but unfortunately I cannot add any further information to our previous letters or agree to your request. Since the bank’s final response has been issued, I must advise you that we will not be entering into any further correspondence regarding the point that have been raised.

 

Yours sincerely

 

Stacey Cope (Miss)

Assistant Manager

 

We are going to stick to the 14 day deadline we have given them, so will not file a claim until Thursday afternoon.

 

Lucid :)


Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

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Will be following this with great interest - way to go!


Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Will be following this with great interest - way to go!

 

Thanks Crash. Good luck to you too. :D


Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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