Purple v Lloyds TSB

[purplerain]

Hi this is my first time in the Lloyds forum so hello all.

 

The story so far!

 

Rang Lloyds regarding statements as the account is closed and was told that as long as I had ID and £10, I could walk in to any branch and ask for my statements.

So 8/9/06 did just that. Statements arrived 13/9/06 well some of what I ordered did. Rang to see about the rest, and got fobbed off "They have to come from a different department" left it a few more days and rang again. This time was put through to my local branch who asked loads of questions including "Why do you need them?" Told a little white one and said I was getting divorced. After a few mins of silence she came back and said "oh sorry the girl who dealt with you forgot to order the rest, so I've done it now and they will be with you soon" that was 18/9/06

 

Will keep you informed.

 

Purple:) X

[GaryH]

Hi Purple - welcome to the Lloyds forum!

 

Glad you got all your statements without to much fuss, looks like it payed off by going in the branch! For anyone else reading this though, its still always a good idea to make your SAR in writing and get it signed for - that way you could enforce it in the event they did'nt comply.

 

So your next step is the prelim then. Before you send it though, have a good read of the FAQ's, step by step instructions and some other Lloyds threads. Here's some links you will find useful - apologies if you've seen them already; http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html, http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html, http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/6182-reload-lloyds-settlement-offered.html.

 

Hope you find these useful, and keep us posted with how you get on,

 

Gary

[purplerain]

Just a quick up date, received my statements on the 23rd September and today the 26th September sent out my prelim letter and a DPA for other accounts that i had forgoten about with LTSB.

[bearo]

you have it all under control! Good luck

Sharon

[purplerain]

Received standard response from Lloyds TSB today. (Sorry your not happy. We will get back to you with in 2 weeks blar blar blar). I wont hold my breath

Does anyone else sit and wait to see what the postman brings?

Purple X

[reload]

[Zedwoo]

lol, yep me too.

[reidnet]

Me too

[kokomar]

ME TOO! aND

[kokomar]

Sorry computer did something very strange in the middle of posting. Try again shall I.

 

ME TOO! AND our postman doesn't arrive until 1pm so I have all morning to pace around the house wondering!

[freebird]

Purple, that made me laugh..you sound just like me a couple of months ago..the postie thought I had a crush on him I think, I'd rush to the door when I saw him coming up the road.........and then swear when it was a bill........

I'm the one with no patience on here and if you read my thread you'll see, I'm now sitting on my hands cos I get told off for being impulsive and jumping the gun...lol......

good luck

[bearo]

Me Too

[purplerain]

Morning all, 14days up on Wednesday:D (woohoo) so today been getting my LBA sorted. It's printed along with schedule of charges in the envelope ready to go.

 

Even updated my threads (god i'm on it this morning)

 

(It's great to be organised for once)

 

Purple X

[purplerain]

LBA sent today. This is the most fun i've had with my clothes on for ages:eek: .

Purple X

[purplerain]

Hello again all, been away for a few days with the family to bonny Scotland (had a great time) but now need to get back to business. My N1 should go in on Wednesday 25th Oct but with the kids off will have to wait till Monday 30th Oct only a few days in it so I hope that wont be a problem. It gives me a little longer to check and recheck everything.

Purple X

[GaryH]

Go get em purple!

[purplerain]

Morning all,

Today Lloyds TSB sent me more statements. The thing is the ones I received this morning go back a little further and I have found another £130 of charges on them, I'm doing my N1 on Monday does anyone know if it would be ok to add these to my claim at this stage?

Purple X

[GaryH]

That was lucky, just got them in time! Yes, its fine to add any further charges you have become aware of right up untill you file the Court claim.

[purplerain]

Thanks for that GaryH that will add a nice sum to my claim as the charges are from Sep 2000 and I'm claiming compounded contractual interest.

Purple X

[purplerain]

Hello all, filling in my N1 today and wondered if someone would have a quick look at this for me.

BRIEF DETAILS OF CLAIM

RECLAIMING UNLAWFUL BANK CHARGES TAKEN OVER A TWO YEAR PERIOD ON ACCOUNT HELD WITH THE DEFENDANT

PERTICULARS OF CLAIM

1. The Claimant had an account, Account Number XXXXXX Sort Code XXXXXX with the Defendant which was opened on or around 20th May 1993

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. In the event that the charges are not a penalty, then they are unreasonable under the Supply of goods and Services Act 1982 section 15. The defendant has declined to justify the charges, despite repeated requests to do so.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) The return of the amounts debited in respect of charges in the sum of £800.00 and any interest charged thereon;

b) Court costs;

c) The Claimant claims interest at the contractual rate of 29.8% per annum, from the date of each transaction to 29th October 2006, which is £2352.23, as set out in the attached list of charges. The Claimant further claims interest, on the resulting total of £3152.23, at the same rate up to the date of judgement or earlier payment, at a daily rate of £2.25 per day. The Claimant believes this rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendants interest rate that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims interest pursuant to Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from the date of each transaction to 29th October 2006, which is £334.34 and also interest at the same rate until date of judgement or earlier payment at a daily rate of £0.18.

Purple X

[GaryH]

That looks fine - as long as you are aware of the issues with regards to contractual interest and you understand the potential increased risk that goes with claiming it.

 

One or two little minor things, but I'm probably just being over fussy;

 

1. In the brief details, I'd drop the word 'unlawful' and put 'default penalty charges' instead. Alternetively, heres what I put in my N1 brief details; "The Claimant claims the return of money taken by the Defendant bank by way of default penalty charges levied to the Claimants bank account, plus interest at the accounts contractual rate"

 

2. Put "the implied principle of mutuality and reciprocity"

 

Also, at the top of the sheet you'll need your claim number and Your name -v- Lloyds TSB bank Plc, and underneath at the bottom you'll need to include a statement of truth. Remember also that the court needs 3 copies of your N1 + attachments.

[purplerain]

Thanks again GaryH, i've made the changes you suggested, starting to feel a little nervous now.

Purple X:)

[GaryH]

Thats only natural, you'll be fine. Whenever you need a bit of a confidance boost, pop over to the 'Lloyds TSB successes' forum - works for me every time!

[purplerain]

Filed N1 at Nottingham County Court yesterday.

Purple X

[freebird]

good luck Purple.....you're amongst friends in here, we're all nervous and dam angry right now !!!