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

[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.

[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.

[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

[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.

[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.

[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.

[GaryH]

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

[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.

[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.

[GaryH]

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

Leave that blank. The court fill that in.

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

No problem, better to be safe than sorry. Couple of other details to note - In the 'claimant' part, make sure you include your title before your name and for the 'defendant' make sure you put Lloyds TSB Bank PLC. Seems like minor details I know, but without them they may not issue your claim.

[GaryH]

http://www.cag-files.co.uk/barracad/Spreadsheets/England/Complex-bank-charges-calc.xls

[GaryH]

Just the charges.

 

In the box; amount claimed = charges + interest, court fee is whatever fee is relevant, solicitors costs is 0.00, total is amount claimed + court fee.

 

'No' to Human rights act.

[GaryH]

You'll get a notice of issue back from the court in around 5 days. It will state a date when your claim has been deemed served. From that date, Lloyds will acknowledge within 14 days, which will give them an additional 14 days (so 28 in total) to file a defence. Which they will, probably on the 28th day.

[GaryH]

It is unusual to wait that long but not unheard of. At my local court, Swindon, they were taking around 2 weeks to issue claims, it just depends how busy they are. Give them a ring when their open again and find out whats going on.

[GaryH]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

[GaryH]

Ignore it. If they've filed a defence you cannot file for judgement.

 

Proposed directions -

 

Please see the attached draft order for directions, for the courts due consideration

Then print out this draft order and attach it to your AQ - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

 

Other information -

 

The Claimant proposes the attached draft order for directions be made into an order. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundemental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediently.

 

- The crux upon which this claim rests is the true cost incurred by the Defendent as a result of the contractual breach from which its charges arise. If the Defendent cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendents charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

[GaryH]

Here you go Lee, this should be useful - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[GaryH]

Hi Lee. So you've been asked to provide this, yes? -

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

b) copies of any statement or other document relied upon as showing that each and every charge has been made;

c) a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

d) copies of decided cases and other legal materials to be relied upon.

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

If so, you need to send to the court and to SC&M;

 

a) A schedule of charges

b) Statements showing charges or account info provided under your subject access request

c) A statement of evidence

d) Cases and statutes, as found in the Basic Court Bundle

 

The 28 days would be from the 12th - but get it ready and sent as early as possible.

 

DOES THAT MEAN IN SIMPLE TERMS THAT "IF [problem] DONT SEND THERE BUNDLE TO ME AND THE COURT BY THE 8TH OF APRIL THEN I WIN???????"

Yes.;-)

[GaryH]

Pretty much, yes. They will have settled before then anyway more than likely, but if they don't comply by submitting the evidence as ordered by the specified date then their defence will be struck out. So yes, that means you win, although there are some technicalities you'd have to go through first - I.e. applying for judgement. As I said though, they'll almost certainly settle before then.

[GaryH]

here you go, Lee - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

[GaryH]

Anytime around now;)

 

Having said that, some claimants actually turn up in court, only to find they've sent a fax saying they'll settle. See the "Got a court date?...." link in my sig for a few pointers on what to do if this is the case.

[GaryH]

Very well done Leeshare, and definately some good advice in your last post there.

 

Welcome to the winners enclosure!!