Ash95 V Lloyds Credit Card

[ash95]

Hi everyone,

 

Just had sucessfull claim with A&L and going to look into my Lloyds TSB Credit card. does anyone have any tips I could use on this, or should I stick to the same procedures I followed for A&L??? I'm going to carry on reading over the next couple of weeks as I have to send a DPA as i have no statements. Any help would be appreciated.

[lucid]

I'd imagine the best approach would be to stick to the tried & tested methods that you used in your claim against A&L. The best advice I can give is be prepared for their potential bullying tactics as attempts to put you off proceeding. If you check out the threads in the Successes sub-forum you will see how it tends to work with Lloyds. And if you check out current threads then you will see examples of their 'template' responses and tactics.

 

Good luck. Lucid

[ash95]

hi again,

 

Still no news on my statements and they have not cashed my cheque yet. What I want to know is can I still claim the 'late charges' on my credit card statements (i have about a years worth but am waiting for the full lot) even though the OFT have reported on these credit card charges. What I am trying to say is, can still attempt to claim these charges back even though LLoyds may have now reduced this charge to £12ish??? Is there a different spreadsheet for calculating credit card charges other than the one I used for A&L bank charges? Any help would be much appreciated whilst I am waiting for statements etc.

 

cheers.

[bearo]

Reclaim them! They are unlawful penalties.

[ash95]

Hi everyone,

 

LBA sent 28th November and had the usual sod off reply etc. Need some help now please on the following issues...

 

1. Can I use MCOL and can I use more or less the same wording i used for my claim for my current account?

 

2. Is there a special template for claiming late fees on credit cards when filing my MCOL?

 

3. Can anyone give advice at this stage that will help me as I would like to get this claim filed this week?

 

 

Thanks for your help.

[ash95]

hi,

 

just need some advice on timscales as i have been a bit slow what with christmas etc etc (not really a good excuse) but anyway, prelim letter sent 9.11.06 and reply received 20.11.06, this stated that further communication has to be sent to lloyds by 15.01.07. LBA sent 28.11.06 and reply received 4.12.06 'thank you for your further letter dated 28th Nov, the contents of which have been duly noted. I am afraid that the banks position has not changed in this matter and for the avoidance of doubt we refer you to the contents of our letter dated 20th Nov.'

 

now, am i too late to do my MCOL? i have only just noticed this and am worried that they will have closed my file at LTSB. do i take it that they have given a deadline of 15th Jan? i am ready to file MCOL tomorrow so any help would be much appreciated.

 

thanks.

[BARTY]

Hi

I would file the claim today, you have given them plenty of time to settle if they were going to.

Good luck and let us know how you get on.

Barty:)

[ash95]

Hi,

 

Thanks for that. Could somone just have a look at this please? i just dont want to get things wrong.

 

here is the text for my MCOL ;

 

Claimant has an account xxxxxxxxxxxxxxxx with the Defendant since before October 2000. Since 11/01/01 the Defendant debited charges in respect of purported breaches of contract. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: (a) return of the amounts debited of £xxx.00; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx.00 continuing at 8% until judgment or settlement at a daily rate of £0.12p; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the Court.

One other question too.. the first charge applied takes me over 6 years by about 3 weeks (Charge applied on 11.01.01) so do i need to remove this and sent another schedule to Lloyds?

Your help is much appreciated. Thanks.

[ash95]

Hi,

 

Any suggestions for the above?

 

I am waiting to press the 'go' button but am a little unconfident re first charge being over 6 years ago...

[ash95]

Can someone help please? Do i need to go back and do another LBA?

 

thanks.

[lucid]

Hi,

 

No becuase you were within the limit when you began the process. Get your claim filed - the particulars look like the MCOL template to me so I'm sure the wording is all fine.

 

Lucid

[ash95]

Thanks, a bit nervous..again.. (Done this once already!)

i dont want any chance of it being thrown out. I will now press the 'GO' button! Here goes...

[lucid]

Don't be nervous. You haven't left it that long to file the claim - you certainly don't need to worry about your case being thrown out.

 

Lucid

[ash95]

Thanks, feel much better now.

 

Got my claim filed and claim number etc. Do i need to pm someone with the details?

[BARTY]

Hi

If you PM one of the Mods with your claim details, they will put it in the litigations section.

Barty:)

[ash95]

Well I have done my claim and it was issued on 31.01. Lloyds have until 19th February to reply. Lets see what happens...

If I dont hear anything from the court or Lloyds by say the 17th is there any action I should be taking? any advice is much appreciated at this stage.

 

thanks.

[BARTY]

Hi

You did it by MCOL, didn't you? Just keep checking on there to see if they have acknowledged, if they don't there is a judgement button to press, but chances are they will acknowledge.

Barty:)

[ash95]

Thanks for that. ill keep track. Now do i need to sent a copy of my schedule with a letter to the Court in Northampton? What happens if they don't acknowledge the claim at all?

 

Thanks.

[BARTY]

Hi

If you do the following:

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

Dear Sir/Madam

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Faithfully

 

 

 

 

 

And send a similar letter to SC&M (the Solicitors) when your claim is acknowledged. If they don't acknowledge, let us know and we'll advise what to do this, but they more than likely will.

 

Barty:)

[ash95]

Thanks, i'll keep posting. I dont know if i could have got this far without all your help. its much appreciated.

 

Cheers.

[ash95]

Hello again,

 

Friday tomorrow and Lloyds have until Monday to acknowledge my claim. i have just been on MCOL and it still reads as 'issued 31.01.07'. Can someone explain what will happen now if they dont acknowledge on Monday or should i make phone calls tomorrow to Lloyds etc? What is the best thing to do now to bring this to a speedy resolution? Any help is much appreciated.

thanks,

[BARTY]

Hi

Don't phone Lloyds. Chances are they will acknowledge by Monday, if they don't come back on and tell us.

Barty:)

[ash95]

Well tonight i have been on MCOL and the claim still reads as issued. I now need some quite urgent advice as what to do next...PLEASE...

Obviously LLoyds have not acknowledged and i dont know what happens now. also i have not checked any balances on my credit card. is it likely they would have paid the money into there as i have a nil balance and haven't used the card for over a year?

Any advice now is much appreciated. Ta.

[BARTY]

Hi

If it was me, I would ring MCOL in the morning, see if they can let you know what is happening.

Barty

[ash95]

Do you know what happens if they have not heard anything at all? do i just apply for a judgement and how long does this take? What exactly happens? Sorry for all the questions....