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Help with filing a small claims


Scouserlad
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Hey members

 

First off happy new year.

 

I am planning to issue a small claims court claim against Lloyd's TSB on behalf of my mother and farther.

 

Here is what has happened so far :

 

I submitted a complaint about PPI mis-selling in March and got a letter late march to advice they will not be uploading my complaint and would be free to take it to the F.O.S which i did.

 

The F.O.S in august 4th returned the file to Lloyd's TSB advising them to make a redress offer within 10 weeks.

 

Lloyd's TSB finally issued a offer letter dated 28th November

 

I made many phone calls each time getting promised the cheque would be here in time for xmas for my parents to use some of the money to get my 13 year old brother xmas gifts

 

10 days before xmas we were promised it had been sent out, 7 days later still no cheque but got a phone call, Sorry about this it will be issued tomorrow 2nd class mail.

 

I told them i am not at all happy at the service they offered a parenthetic sum of £200 between my parents in addition to the PPI refund as a sorry. I have advised £200 is no were near enough the upset that this caused over the xmas period and extra stress this casued on my farther with the medical conditions he suffers from he does not need additional stress been caused.

 

I have advised Lloyd's TSB I do not with to accepted there £200 and will be submitting a small claims court form if they do not increase there offer to a more realistic figure.

 

Any advise on this ?

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Yes, from the sounds of it they are treating you unfairly and contrary to their BCOBS obligations.

 

lloyds seem to be mucking lots of people around with delayed PPI refunds.

It's a simple matter: - they caused the problem for their own gain. All they have to do is to invest more resources into making refunds and they would not have any complaints.

They don't want to do what is necessary.

 

 

Read this http://www.consumeractiongroup.co.uk/forum/announcement.php?f=91&a=228 and the linked articles and then send them a 7 day LBA and then sue them.

 

If you want to see Lloyds pull their finger out in a most electrifying manner, sue them for breach of their BCOBS obligations. You will be amazed at the effect.

 

Don't threaten to sue if you don't mean to go ahead with your threat

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You don't need a template.

 

Just write to them, outline the dates that they promised and how each promise has been broken. Layout how this has affected you and your family over Christmas etec.

Inform them that they are treating you unfairly and that this is contrary to their statutory duty under BCOBS and that if you do not have payment in full plus £XXX compensation that you will sue them in the County Court without any further notice.

 

Make sure that your compensation request is reasonable and justifiable.

 

Somewhere on the FOS or OFT site, there is a statement about how long the banks have to make the payment. Find this and quote it at them.

 

Also make sure that you refer to their obstructive behaviour during your entire claim and that they unfairly refused you in the first place and that they caused further delay by forcing you to go to the FOS.

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Hi

 

I do feel a £500 compensation payment would be fair to split between both my mother and farther as the extra stress and un-needed upset has made there medical conditions worse over the short term. Would you agree that would be a reasonable amount to claim for ?

 

Thanks

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I think that you would need to provide medical evidence in support.

 

The beauty about BCOBS is that a judgment against the bank for any amount spells big trouble for the bank. You can send the judgment to the FSA as part of an official complaint. Also, even the bank itself would be obliged to report the judgment to the FSA.

They would be very keen to avoid a BCOBS judgment

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Yes. It is very straightforward.

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Hi,

 

I received my offer letter from them 9th August 2011 after submitting a claim october 2010, guess what? I'm still waiting for my cheque, numerous false promises and a further letter dated 27th novemebr apologising folowed by another letter dated 3rd december offering an extra 4 weeks interest which takes my refund upto £7145 to be paid within 21 days and still no cheque, I contacted them again yesterday to be told call back in 2 weeks time, I am also seriously thinking about court action as the FOS havent helped at all.

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Hi,

 

I received my offer letter from them 9th August 2011 after submitting a claim october 2010, guess what? I'm still waiting for my cheque, numerous false promises and a further letter dated 27th novemebr apologising folowed by another letter dated 3rd december offering an extra 4 weeks interest which takes my refund upto £7145 to be paid within 21 days and still no cheque, I contacted them again yesterday to be told call back in 2 weeks time, I am also seriously thinking about court action as the FOS havent helped at all.

 

Please will you start this in your own thread and post a link to it.

If you want your money back quickly with a suitable payment in compensation for having to wait around - and if you are prepared to take some serious assertive action, then we can help you

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