just starting to try to claim my charges back ***WON***

[leeshare]

Hi everyone.

ive been reading about this for about three weeks now.

i sent the first letter requesting that lloydstsb send all my unfair charges back to my account..... they said errr no.. you signed the contract blah blah blah..

so i sent the second letter which stated that if they dont refund my money within 7 days that i would proceed with court action to reclaim my money.

 

I dont exactly know how much they owe me:? as i dont have all my statements available, i havnt requested them from the bank yet. (is this an essential step).

i just said pleaserefund all the charges!!!! hmmmmm pretty stupid of me i thinks.

 

Any way im still waiting for them to reply to the second letter which i sent on monday..

 

what are my chances of getting all my money back. it must be in the region o 3-4k...

please can anyone offer me sound advice...

thanks lee

[leeshare]

oh and how do i request these statements if i need them.

can i send email, or do i need to write or go into the bank.

 

cheers lee

[Carrera74]

I think the best advice I can give you is to read the FAQ - everything you need to know is in there

[DCG]

yes read here first

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

[GaryH]

You need to make a Subject Access Request under the Data Protection Act 1998, see the letter to send in the templates library.

 

To be honest though, you've gone about this the wrong way round. You've sent a prelim letter and a letter before action, sop your next step is to file a county court claim. Trouble is, you don't know how much you're claiming for! You'll need to make the S.A.R - (Subject Access Request) as soon as possible, and you'll not be able to continue to the next stage untill you get the statements back so can get a definate figure. The Data Protection Act allows 40 days for compliance, so you've got a bit of a wait I'm afraid!

 

In the meantime, please read up as much as you can in the FAQ section - especially the Step by Step instructions and the FAQ's themselves.

[GaryH]

Oh, and in answer to your last question - yes, you will get your money back, IF you follow the correct tried and tested procedure. Lloyds have settled every claim so far.

[leeshare]

cheers gary, i actually started this on a different site, then found this site.

can i go it to my branch to get the s.a.r.

[GaryH]

The SAR is availible as a template to edit as appropriate and print off. You'll find it in the Templates library, as you will all the letters you'll possibly need. Send it by recorded delivery to Penny Berryman at Lloyd's Data Protection Act address, which you'll find at the top of this forum's list of threads as a sticky. Please read the FAQ's and step by step instructions though, they should answer 90% of any questions you may have.

[leeshare]

thanks gary

[leeshare]

ok, right ive been away and done my research i hope.

 

i requested the last 6 years statements, and made an accurate note of all the bank charges that were unfair, ive noted how long, for what reason and the amount they have charged me. put it on an excell spread sheet. posted it with the correct template to them and waited for there response...

 

guess what?????

 

they basicly told me to clear off, read the t&c and that is there final word on the matter.

 

I am a bit nervous now as i guess its time to get the courts involved.

is anyone at this stage who can offer me any advise, encouragment.

Banks have a way of intimidating people, with all there big talk...

 

Please would someone offer me some guidance and help... thanks lee

[GaryH]

Take no notice what they say. They're doing their best to put you off, thats all. Hardly going to make it easy for you are they!

 

Have you sent a preliminary approach for repayment, then 14 days later a letter before action, then waited another 14 days? If so, yes, its time to file a court claim.

 

There are 2 ways you can do this. Either online, here https://www.moneyclaim.gov.uk/csmco2/index.jsp or by sending/taking a completed N1 claim form http://www.dream-concepts.com/magicbunny/n1_eng.pdf to the local county court. Particulars of claim for the moneyclaim method are here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html, and for the N1 here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[leeshare]

hi gary, ok ive just read the faqs etc....

 

ive just filled the letter before action letter out and have got the excell spread sheet with all the unfair charges on, im posting that in the morning. then i wait 14 days...

 

do lloydstsb always wait for a court summons, or do they ever pay up before that.....

 

there so annoying, why cant they just face the facts and pay up.

 

my cousin is in halifax bank, they paid up after the first letter!!!!!!

[GaryH]

No, Lloyds won't pay up untill after you file a court claim. They are one of the ones who like to drag it out for as long as possible, I suppose in the hope that it will put people off. Don't let it. Its YOUR money, and all you need is a bit of patience and persistance and you will get it back. They've paid up every single claim so far remember, so that just goes to show who's the more worried about going to court, don't you think?

 

All the help and assistance you may need will be right here on this forum.

[leeshare]

hi all again,

 

ok so i sent the (LBA)

 

hoping but not convinced of a victory......

 

hmmmmm they sent me the same letter they sent me prior to this letter, ive had 3 of tem now...

So i need to file a claim now.

ive checked out the link to file a claim, is ther any help in filling out the claim form, ie who to put down that im actually claiming off. names address's.

 

please if any body is at this stage or has won a claim, please can you help...

 

thanks leeshare

[GaryH]

Everyone has won against Lloyds!!! As I said before, they've paid out every claim - cos they've got no bloomin choice! See the 'successes' forum, or my threads still floating about I think - I just won too! I would suggest you need to read up a bit more on the legalities - the charges are unlawful, its as simple as that. If Lloyds or any other bank were to take a claim to court they would lose! The law is clear on penalty charges and this no more or less applies to Lloyds than any other bank - only difference is, that Lloyds kick and scream a bit before paying up. Its all bluff though, and the longer they stall the more interest they have to pay you!

 

Anyway, back to your question. I suggest you file your claim at your local court rather than using moneyclaim. You need to use the N1 form which you will find in the templates library, and to attach to it you need the N1 particulars of claim, also in the library. Fill out the N1, take 3 copies, take 3 copies of the Particulars, and 3 copies of your schedule. Take or post your 3 sets to your local court with the fee and they will issue your claim.

 

On the front of the N1;

 

'The claimant' is self explanitory!

 

'The defendant' is Lloyds TSB Bank Plc (the Plc is important to include!)

and the address is 25 Gresham Street, London, EC2V 7HN.

 

'Brief details' - "Moneyclaim for return of default penaly charges levied to the claimants bank account by the defendant bank, plus interest at the statutory rate."

 

'Value' - Charges - £*** Interest - £***

 

Fill in the box in the bottom corner re the value

 

'Particulars of claim' are attached

 

Sign the statement of truth.

[leeshare]

just a quick one, why would i use a local court rather than online?

 

is it because of the result of gatecrashes response from the claim.

[GaryH]

Basically yes. Moneyclaim does'nt give you much space to fully particularise your claim, and there is no room for a schedule which is essential. If you claimed online you'd have to send a schedule by post, but even then Lloyds would submit the "not adequate grounds for claim" rubbish. Most judges would see this for what it is - an attempt to intimidate the claimant, but some unfortunately don't and it can cause extra hassle. Much easier if you just file on an N1 to start with.

[leeshare]

fair enough, you know best.

do I need to get original copys from the court, or can i print of the ones on the link you provided?

 

Are they the same form.

[GaryH]

Same form - the N1 is the standard claim form. Fill in and print off online, 3 copies remember.

[leeshare]

Basically yes. Moneyclaim does'nt give you much space to fully particularise your claim, and there is no room for a schedule which is essential. If you claimed online you'd have to send a schedule by post, but even then Lloyds would submit the "not adequate grounds for claim" rubbish. Most judges would see this for what it is - an attempt to intimidate the claimant, but some unfortunately don't and it can cause extra hassle. Much easier if you just file on an N1 to start with.

 

 

 

what exactly ais the schedule, is it the list of bank charges?????

 

ive read the faq's, is there a link to something about the court procedure

[GaryH]

Yes, the spreadsheet.

 

What about it? The step by step instructions (link in my sig) explains all the stages involved, including the Court Claim stage.

[leeshare]

hi on the n1 form , do i just keep it simple,

 

do i just fill out the breif details as:

 

"Moneyclaim for return of default penaly charges levied to the claimants bank account by the defendant bank, plus interest at the statutory rate."

and the particulrs of claim, do i just keep to the template but just adding my own personal details

[GaryH]

Hi Lee,

 

Thats fine for brief details. As for the POC, I'd stick to the template. What sort of personal details do you mean? Obviously you need to add your account number, etc.

[leeshare]

yeah just the dates and acount details and names that are relevant to me.

 

what about the first box on the n1 form " In the " what do i put there.

 

 

sorry to seem dim, but i dont want this form returning or being filled in wrong, thanks for you help.

[BARTY]

Hi

Have a look at this:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Good luck!

Barty:)