Excess charges

[richardc]

I handed my claim letter today to the Branch. Manager wanted me to use LloydsTSB complaints procedure. I said I would await their formal response before issuing County Court summons.

 

Will keep group uptodate

[Guest stephen]

Why wait, if you sent them the letter before actions then you do not need to wait,

 

Banks want to be in charge, however, this time it is your turn to be in charge, let them know that you want be messed around. After all, it is your money, so why allow them to stipulate the terms of them sorting out the problem.

 

I would give them 14 days and at the end of that start court proceeding, or you could find out in 8 maybe 10 weeks time that there answer is sorry theses charges are laid out in our contract.

 

Then there ask you, to go to the ombudsman, these delays are in my opinion to get you to give up. If you follow the rule of giving them 14 days and stick to it, your find there soon answer question a lot quicker. and you have you money back sooner.

[richardc]

Why wait, if you sent them the letter before actions then you do not need to wait,

 

Banks want to be in charge, however, this time it is your turn to be in charge, let them know that you want be messed around. After all, it is your money, so why allow them to stipulate the terms of them sorting out the problem.

 

I would give them 14 days and at the end of that start court proceeding, or you could find out in 8 maybe 10 weeks time that there answer is sorry theses charges are laid out in our contract.

 

Then there ask you, to go to the ombudsman, these delays are in my opinion to get you to give up. If you follow the rule of giving them 14 days and stick to it, your find there soon answer question a lot quicker. and you have you money back sooner.

 

Sorry if my post was unclear. What I said to the bank was that I would not use their internal complaints procedure nor the financial services ombudsman but would issue summons if no satisfactory response received within 14 days.

 

Thanks for this group, I was merely toying with the idea until I found it.

The help on it is great

[richardc]

I have today received from my branch manager a Janet and John version of their standard reply.

 

Am I right in saying that as they have refused to refund I can start County Court proceedings straight away even though it's within the 14 day deadline?

[BankFodder]

Best off to bide your time.

 

Go to Moneyclaim (library) and prepareyour claim

 

Save it down and go and look at it from time to time. The deadline will come round soon enough.

 

If you want to excite them, then print out a draft copy and post it to them and explain hat the next time they see it it will have a court seal on it and that the clock is still runnning.

 

That might concentrate their minds a little.

[dolly]

 

If you want to excite them, then print out a draft copy and post it to them and explain hat the next time they see it it will have a court seal on it and that the clock is still runnning.

 

 

What a great line - will have to remember that one!

[richardc]

 

If you want to excite them, then print out a draft copy and post it to them and explain hat the next time they see it it will have a court seal on it and that the clock is still runnning.

 

 

What a great line - will have to remember that one!

 

Thanks. I am now drafting my claim

[richardc]

Here is my latest to bank.Comments please.Dear Sirs,

 

Thank your for your letter of 15 Feb 06 regarding my request for the return of excess charges debited to my account.

 

I do not contest your right to levy charges but I believe that any such charges should reflect the actual costs incurred and should contain neither punitive nor profit making elements.

 

The legal precedents for my claim are well documented and are listed(inter alia) in my last letter to you. It would be regrettable if we cannot come to an agreement in view of the costs and aggravation to all of us.

 

If we cannot reach such an agreement, I will have no other recourse other than to make a claim in the County Court in with the costs entailed. A draft copy of my Claim is attached. The final version will come with a County Court stamp.

 

I request under the terms of the Data Protection Act 1998 that you provide details of all charges debited from my account since 1 Jul 2002.

 

 

Yours Sincerely

[BankFodder]

Hang on a minute

 

This is the first I have heard of a DPA request being put in here - so have I missed something?

 

First you say that you have posted a letter to the bank giving them a deadline.

 

Then you are drafting your claim

 

But now you have written them a letter confirming your threat of an action yet also including a DPA request

 

I think that you had better hold fire and tell us exactly what you have done, what you have got and where you think you are with this all.

 

Arses and elbows just aren't in it :?

[richardc]

I have downloaded all charges from 010702 which gives me the amount of claim. However, I am led to believe that down- loaded copies are not acceptable in court, I have asked for hard copies from bank. I intend to file claim on 29 Feb. Having spoken to the court, no hearing date will be set until at least 2 months after claim is submitted so I will have necessary hard copies when I present my bundle to the Judge.

 

Any advice is always welcome

[BankFodder]

I have downloaded all charges from 010702 which gives me the amount of claim. However, I am led to believe that down- loaded copies are not acceptable in court, I have asked for hard copies from bank.

 

Where did you get this information from, please?

 

 

I intend to file claim on 29 Feb.

 

You mean you don't intend to take any action before 2008? That is very laid back 8)

 

****************************************

 

I understand the position now. However, I don't see why print out statements should cause a problem. I'd like to know the source for this.

Anyway, if you are bothered about this then add toyour letter then you are hoping to provide the court with the statements which you have requested from the bank under the DPA but if for any reason those statements are not forthcoming then you will proceed regardless with computer printouts and that the banks failure to comply with your DPA request will be pointed out to the court and will be taken as a consent to the use by you of the print outs.

That puts them on notice and shows them the consequence of unreasonable behaviour.

however I can't for the life of me believe that the court would exclude the printouts. please tell me more about this.

[richardc]

I understand the position now. However, I don't see why print out statements should cause a problem. I'd like to know the source for this.

Anyway, if you are bothered about this then add toyour letter then you are hoping to provide the court with the statements which you have requested from the bank under the DPA but if for any reason those statements are not forthcoming then you will proceed regardless with computer printouts and that the banks failure to comply with your DPA request will be pointed out to the court and will be taken as a consent to the use by you of the print outs.

That puts them on notice and shows them the consequence of unreasonable behaviour.

however I can't for the life of me believe that the court would exclude the printouts. please tell me more about this.

_________________

Sorry, I cann't quote exact source - probably bankchargeshell - I have major medical problem at moment so not exactly 100% focused but still determined

[richardc]

Can I ask an idiot question? I have downloaded from bankchargeshell examples of both the in person and internet claim. Why can I not use the internet example on a N1 form which I take to my local County Court?

[BankFodder]

I'm afraid that I haven't looked at either of them so I can't answer you.

 

It maybe that the N1 in person version exceeds the word limit of the online version and also the online version refuses to accept various "illegal" characters which are of course no problem on a paper version.

[richardc]

I have had no reply from the black horse. My claim will go into County COurt on Mon and I will serve personally. This claim goes back only 1 year. In view of their arrogance in not deigning to reply I've asked for 6 years disclosure. Will post in seperate thread

[richardc]

I have had no reply from the black horse. My claim will go into County COurt on Mon and I will serve personally. This claim goes back only 1 year. In view of their arrogance in not deigning to reply I've asked for 6 years disclosure. Will post in seperate thread

[richardc]

I'm due to file my claim on Monday. Following their standard refusal, I wrote again regretting inablity to reach agreement. I have tried to phone David Just but he has not returned call.

 

In view of Bankfodders post regarding a demonstration to the Court of a willingness to negotiate, would there be any point of offering them more time?

 

Any opinions very welcome :?

[richardc]

I'm due to file my claim on Monday. Following their standard refusal, I wrote again regretting inablity to reach agreement. I have tried to phone David Just but he has not returned call.

 

In view of Bankfodders post regarding a demonstration to the Court of a willingness to negotiate, would there be any point of offering them more time?

 

Any opinions very welcome :?

[BankFodder]

If you have had a definite refusal after making a reasonable approach then I think that you are justified in proceeding. It's those who receive replies saying that we are looking into it to whom I am suggesting wait a little.

[BankFodder]

If you have had a definite refusal after making a reasonable approach then I think that you are justified in proceeding. It's those who receive replies saying that we are looking into it to whom I am suggesting wait a little.

[richardc]

I'm filing my claim today. Have written the following to the black donkey:

 

Thank you for your letter of 23 February and the enclosed statements.

 

I am very disappointed that you did not address the concerns I raised in my letter but rather sent me merely a very badly printed standard letter. This, I think, demonstrates the contempt with which you, or your superiors, regard your customers. I would like to point out that the FSA requires Lloyds TSB to respond adequately to complaints. I have complained that your charges are punitive and unlawful. You have not given any response to this.

 

You also claim that under the DPA you do not have to give data that is held on microfiche. I would refer you to Smith v Lloyds TSB in the High Court Neutral Citation Number: [2005] EWHC 246 (Ch) . Although Lloyds TSB won the case, Mr Justice Laddie clearly laid out what is a relevant filing system.

 

When your letter, with the enclosed statements, arrived the bottom was completely torn out and several statements were missing. The packaging was inadequate. In these days of identity theft, this is totally unacceptable. I tried to speak to you several times on the telephone but there was no one there. Do you actually exist? Are you just an imaginary name with which to fob off the customers? After many a telephone call I eventually managed to find the telephone number of your department, but they would not put me through to you(if you exist) but rather to my local branch manager who as you are only too well aware has absolutely no authority to act in this matter. Another example of your disdain for your customers. As a digression, I can never normally find a phone number for my branch but end up in a linguistically challenged call centre in Mongolia or the Cote Ivoire.

 

I have been a customer of your bank for over 30 years and have always found that the staff in the branches are friendly, courteous, helpful and always beyond reproach in their dealings with me, even in difficult times.

 

Your Department's attitude is therefore all the more lamentable.

 

It is with regret, therefore, that in view of your obvious unwillingness to even answer a concern, I have today filed a claim in the County Court. I will in due course bring the matters raised above to both the FSA and the Information Commisioner.

 

Your sincerely

[BankFodder]

Sending statements in insecure packaging raises possible breach of confidence issues.

Have you kept the packaging?

[richardc]

Oh yes!

[BankFodder]

Would you like to describe it or send me a picture

[richardc]

Would you like to describe it or send me a picture

 

I will send pictures in a day or two. I don't own a digital camera but as they say I know a mon who does. Where do you want to go on this?

 

The left hand side looks as though some one has ripped it open with a finger.