Lloyds TSB - Sending letter today - HELP!!

[Franco99]

ok thanks will do that. 1 thing i will say they are pretty efficient so far !!

 

F

[Franco99]

Well the 14 days is up, so i will send the LBA letter today with the spreadsheet.

 

 

Franco

[Franco99]

On the template letter to Lloyds there is a section

'I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the data protection act 1998 plus my costs'

Now I am not going to add the interest as its complicated as pointed out by many, but do i put in my letter the section ' plus a claim under ss.7 and 13 of the data protection act 1998'?

 

Cheers

F

[GaryH]

:confused:

 

I think you've got the wrong LBA. Thats the Data Protection Act non-compliance LBA! Have another look in the templates library.

[reload]

Only if you're claiming against Lloyds for failure to comply with a data protection act subject access request.

[GaryH]

Sorry, yeah that is the right LBA (can't remember that bit being on it before!). But as Reload said, only include that bit if they have'nt complied with your S.A.R - (Subject Access Request). Which they have, so delete it.

[Franco99]

So is the below ok, and thanks for the quick replies:

I am very disappointed with the letter that I received off you on the 20th September 2006.

I now understand that the regime of ‘fees’ which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at common law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with the UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £????.??. I am enclosing a copy of the schedule of charges which I am claiming. I have already sent you a copy of this in my original letter of the 14th September 2006.

I require payment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT’s direction of 5 April 2006 and are therefore not a ‘fit and proper person’ to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

[reload]

Looks fine - assuming you are going to make a CCA complaint to the OFT

[Franco99]

i will delete that too !!

 

F

[Franco99]

one last thing, the letter i received in reply to my first letter to Lloyds came from Customer Service Recovery Centre in Andover, I sent my letter to Martin Orton in Birmingham, where do you think is best to send this letter?

 

Cheers

F

[reload]

I'd send it to the 'reply to' address on the letter you received. Personally, all my correspondance went via Birmingham, but it's up to you at the end of the day.

[Franco99]

Birmingham it is !!

[Franco99]

The spreadsheet that I have sent has not included a new charge of £90, should i include this next time? I have sent the LBA letter 2 days ago. Or should i stick with the figure I have asked for?

 

Cheers

F

[reload]

You can include the extra £90 when it comes to filing a court claim

[Franco99]

hi Reload,

 

Can i ask you when you received your money from Lloyds, was there any doubt in your mind that they would pay up? and how come you have a Round 2?

 

Cheers

F

[Franco99]

one more question reload, lets say that i get a court date and ive paid the £120 ( I think thats what it is ) if i or anyone else putting in a claim was to lose their case, would the loss only be £120? as im in no financial situation to lose anymore.

 

Cheers

F

[reload]

Hi Franco,

 

After various conversations with Martineau Johnson (Lloyd's solicitors in my case) and I received the settlement offer, there was no doubt they would pay up - it was more a case of how long it took them.

 

I have a round 2 because my first claim only went for the period of time I was able to get a list of charges through Lloyds Online banking - pretty much the most recent 4 years. Round 2 is more of an experiment, as it'll be for less money I will likely try pushing for contractual interest and push a few side arguments. I am trying one thing, which if successful I will post about, but it's only an aside and I don't hold much hope for it.

 

Court costs - if I remember right, filing an initial claim for over £1500 involves a cost of £120. Lloyd's current solicitors - Sechiari Mitchell & Clark - are in the habit of pushing the claim as long as possible, which means you will have to return an Allocation Questionnaire. This costs an additional £100, which is also reclaimable upon settlement.

 

The thing to remember though - if you prepare your case properly, know what you're about, and research everything you should do, the chances of you losing are infinitesimal (tiny). The risk of gambling the £220 against what you can get back are well worth it.

[Franco99]

hi

 

When you say research, what exactly do you mean? I am owed money from Lloyds TSB, along with a few others !! I am going through the process as outlined on this site, I have sent my second letter, the LBA letter, and am expecting to pay the £220 you have mentioned. Apart from this what is there to research? Surely once ive filed a claim the people im paying my money to do the rest?

 

Cheers

F

[reload]

Hi,

 

This is exactly what I mean by research Franco. The people you are paying the money to are a county court. They will not make your case for you, should it come down to you and the bank sitting in front of a judge. It's most certainly not inevitable that it will happen to you - but it is a possibility.

 

You would be wise to research the actual arguments lying behind the claim you're making against the bank - the Unfair Terms in Consumer Contracts, Sale of Goods and Services Act, etc etc. A good place to start is the FAQ and Bank Templates library. Bookworm's Court Bundle in the Templates Library will certainly help you out too.

[Franco99]

ok !! oops!! I better start reading, however, am I right in saying that nobody has actually gone to court yet?

 

M

[GaryH]

Hi Franco,

 

As well as agreeing completely with Reloads posts, I would add that yes, court is very, very unlikely - the banks don't want to risk a) losing (which they likely would), or b) publicly exposing the grubby details of their charging systems. However, when you file that court claim, you must assume from the outset that your case will go to court and prepare accordingly - this advice is given in numorous locations around this site, and it would be totally irresponsable to take any other attitude. After all, sueing a £multi-billion company is'nt something you do every day is it?!

 

Don't get me wrong, the law is most definately on our side when it comes to these charges, but if it did go to court you'd still have to understand the issues involved and demonstrate how the law applies to your case. Its not rocket science though - no-one here are lawyers or anything like that - give it a couple of weeks of reading up and you'll soon be confidant that you could put your case before a court. In fact, like many here, you may even begin to actually hope your case does go to court! Its also worth remembering that small claims court is nothing to fear - its designed to be informal and accesable to your average bloke in the street, without the need for lawyers and all that legal jargon. Cases are 'hearings' rather than 'trials' and are heard in a small office type room as opposed to a court.

 

Anyway, sorry, I'm rambling now - in answer to your last question, yes, one case has reached court. It was back last year in the days before this site was born. It was against NatWest and the bank won. Why? Basically a lack of preparation and one or two silly mistakes! A lesson for us all I think.

[Franco99]

Hi,

 

Have received the following letter today.

'Thank you for your letter dated 29th September 2006. I have noted your comments, but unfortunately I cannot add further information to my previous letters or agree to your request. Since the banks final reponse has been issued, I must advise you that we will not be entering into further correspondence regarding the points you have raised.'

 

So do i file a claim now?

 

Cheers

F

[reload]

Yup!

 

Well, ideally you should wait the 14 day period from sending them your LBA. Some do, some don't because they state it's their final response. Personally I didn't, and it didn't adversely effect my claim whatsoever - entirely up to you, really.

[Franco99]

cool. I will have to work on this over the w/e as work is manic !! so expect some emails soon !!

[Franco99]

hi, well i now have to actually make a claim, as i have 2 letters back saying they wont give me my cash, i will be honest im not sure what to do or where to go can you direct me please?

 

Cheers

F