tonyross v Lloyds - SETTLED IN FULL

[tonyross]

I have received my last 6 years statements today there are charges for "overdraft usage fee + overdraft interest can I claim these back or are they legitamate charges?

[devans]

Overdraft Interest fees are legit as they (The bank) are providing a service. But the overdraft interest on a charge is not because the interest although legit is based upon the illegal charges your are seeking repayment on. If you didn't get the charge you wouldn't get as much of the interest slapped on the account.

 

Calculating the amount of interest effected by charges isn't the easiest task. If your using a spreadsheet then it's easier. layout all your charges and interest payments in date order. You can then see where the interest payments fit in. Unless you have a very large overdraft you are likely able to claim the later interest payments back in full as in my case, if I hadn't had years of charges my bank would not need the overdraft.

[lee6370]

I have these on my statements as well, however i noticed that overdraft usage fee, only appeared once, after which it became 'overdraft excess fee' so i've assumed they are the same and will include it in my claim.

 

As far as the interest goes, then no you can't claim it back, since it will include in part money that you have taken from your account and they are entitled to charge you interest on it.

 

What you can do, is calculate the interest they have charged you on your charges and claim that back. (use the spreadsheet in the library)

e.g. charge - £30.00, they add interest at 17.7% until you pay it (assuming you remain in your overdraft then you can claim to have never paid it) so the interest will be .12p a month, not a lot but add it up and it comes to a hell of a lot.

 

The interest added to my charges, is more then the charges themselves. Hope this makes sense.

[aidenr]

if I hadn't had years of charges my bank would not need the overdraft.

 

That is so true!

sent my letter requesting DPA yesterday. i dread to think how much i have been charged, since i have been with Lloyds all because of a reducing overdraft.

[tonyross]

Thanks that does sound logical Ive noticed the change to excess as well I will include them

[tonyross]

just added it all up comes to £4880 without interest robbing gits.It will take me all weekend to do the spreadsheet

[lee6370]

You need to keep it below £5'000, or find a way of splitting the amounts so they dont exceed £5'000.

 

I think there is another post about this somewhere you'll need to do a search.

[richardc]

You need to keep it below £5'000, or find a way of splitting the amounts so they dont exceed £5'000.

 

I think there is another post about this somewhere you'll need to do a search.

 

As long as the sum claimed is under K£5 it will remain in the small claims court. The interest is not counted nor the court fee.

[tonyross]

have sent preliminary approach letter giving them 14 days to respond is there anything else i can do to put the wind up them?

[gothicf0rm]

if your charges have been more than your total overdraft size ALL interest charges on the overdraft from the chronological point this happened can be claimed back. this can add substantially to your claim.

[tonyross]

??

[tonyross]

had letter today from Mandy Horton stating that this refusal of refund was their last word on the matter,should I send the letter before action or just go straight to court?

[tonyross]

As I was preparing my case for court my system crashed and and I had serious problems with my computer I have now lost all records of letters and e-mails sent to Lloyds will this effect my case before the judge?

[tonyross]

filed claim today online at moneyclaim £4875 inc costs + interest fingers crossed

[breadline]

Hiya Toni

I am so sorry you have lost all your papers, have you got the replys you recieved to all the letters. may be that will help as each letter may read as per your ( your) letter recieved dated.

 

Then may be you can force them to produce the letter you sent and that they refere to.

 

I have a nice little filling cabinet in the corner of the lounge covered with a table cloth with a lamp on it, would never know it was there,

In it sits a paper copy of any disputes i have.

 

Brilliant £20 Argos. worth every penny.

 

Would like to know how the letter issue goes.

could always send them out again and have double the ass kicking fun .

 

BL

[Loula]

Tony,

 

Can I just check you have followed the four step process?

 

1. DPA Letter

2. Prelim Letter

3. Letter Before Action

4. Court action

 

LOULA

[tonyross]

loula yes i did everthing in order, breadline thanks for the support took your suggestion re their letters but would"nt work with e- mails

[Loula]

Hello!

 

Once you get the claim details back, ie claim number, etc can you let one of the moderators know so we can put it in the litigationin progress section, please?

 

Thanks

 

LOULA

[tonyross]

i pm"d dave saturday was that right?

[Loula]

That was perfick!

 

Thank you

 

LOULA

 

PS KEEP US POSTED!

[tonyross]

will do

[tonyross]

having filed on line at moneyclaim i checked for progress,thinking they had 14 days to respond.now i find "acknowledgment of service" gives them 28 days to respond.i have checked on moneyclaim and cant understand the explanation can anybody simplify it for me

[lee6370]

You'll get a letter from the court, it will tell you what Lloyds intend to do.

 

They have acknowledge your claim, your letter will say either.

 

They acknowledge your claim and admit they owe the money

They acknowledge your claim and intend to defend part of it

They acknowledge your claim and intend to defend all of it.

 

So just sit back wait for the letter and then wait for their defence, because they will state that they intend to defend it all.

[tonyross]

got letter today they intend to defend

[tonyross]

can anyone tell me at what stage does the allocation questionaire arrive.lloyds acknowledged on 2/5/06