OK here we go! Wavelab vs LloydsTSB

[wavelab]

Hi,

 

Finally got the ball rolling a couple of weeks ago by sending the Subject Data Request with the required cheque for 10 Pounds using Royal Mail’s recorded delivery.

 

Having not heard anything, this week I made a few phone calls by looking up the postcode of the listed Data Controller’s Office, (then under Tools & Resources) using yell.co.uk to get a phone number; asking each person I spoke to for the Data Controller’s Office (as I seemed to go though to lloyds insurance by calling the number listed on yell).

 

Eventually got routed through to the Community Banking Compliance Office and a chap hunted down my S.A.R - (Subject Access Request), told me when it was received by lloyds and from when my 40 days for compliance started!

 

Bit of a maze of call redirections, but got there in the end. Looks like the 40 days are up at he end of October.

 

I’ll keep you posted.

 

wavelab

[GaryH]

Hi Wavelab, welcome to the Lloyds forum:)

 

I would'nt take anything that Lloyds say over the phone as gospel. Half of them are just imcompetant and the other half are deliberately obstructive if they realise you intend to claim back your charges. It would still be worth sending them a reminder in writing, to the same address as you sent the SAR. Wait untill it gets to about 2 weeks before the deadline and send them either one of the DPA non-compliance letters from the templates library, or this one if you prefur - http://www.consumeractiongroup.co.uk/forum/hsbc-bank/25932-garyh-hsbc-data-protection.html#post229640.

 

Good luck,

 

Gary

[wavelab]

Thanks for your advice and link to non-compliance letter.

 

A reminder is in the post.

 

 

Many thanks and hope all goes well with the move!

 

wavelab

[wavelab]

Hi,

 

This is where I'm at.

 

I eventually received my data in accordance with the act back on the 16th Oct. I received Statements, Statement Entries and Customer Notes, a portion of each from the six year period I had requested was missing.

 

2 days later I received the outstanding statements, but only after a quick call to the Copy Statement Unit in Birmingham on the number provided (0845 300 4431). After collecting the package from the Post Office, (as post arrived after I had left for work) I noticed that the package had been opened, so I photographed the package, along with the wrapper that the Royal Mail had wrapped the remains of the envelope up in, offering their sincere apologies about the damage that had occurred. The paperwork contained inside was complete.

 

So I went through statements with a highlighter (yellow) and picked up all charges described on statements as O/DRAFT EXCESS FEE, Unpaid S/O and UNPAID D/D – entering them onto a blank excel sheet as I went. The older statements had these items labelled as UNAUTH'D BORR. FEE, CHARGE ADVISED and FEE-UNPAID ITEMS. These charges ranged from £10 to a whopping £80.

 

At this point I have a couple of questions if anyone has a moment.

 

1. What would be a good course of action here - as my details are now out there!!

 

2. Should I calculate my figures going back six years from today’s date, or can I go back to say Jan 2000? (a nice round figure)

 

Many thanks to anyone who has time to answer these wee questions.

 

Wavelab

[wavelab]

bump

[nicsussex]

Sounds like time to post Request for Repayment of Charges Letter - but remeber O/D interest is not reclaimable per se. Only the amount of O/D interest that is a direct result of the charges.

[wavelab]

Thanks Nic,

 

I meant to put O/DRAFT EXCESS FEE not O/DRAFT INTEREST!

 

I was wondering weather I should be claiming for exactly six years or go all the way (an extra 9 months) back to JAN 2000?

 

Thanks

Wavelab

[wavelab]

Hi,

 

I have received statements and calculated my claim amount. I was just wondering whether or not I should be calculating my charges for exactly 6 years to the day, or if I could go back as far as Jan 2000?

 

Thanks

 

Wavelab:)

[alexifa]

It should be exactly six years. Some people are trying to claim back charges and ignoring the six year limit. It's up to you but staying within 6 years has had a 100% success rate so far.

[wavelab]

Nice one alexifa.

 

Thanks

[livelylad]

Wavelab please be aware that there are a number of cases of people claiming back more than 6 years, how much extra does the few months add to your claim?

[wavelab]

About £250 going back to Jan2000

[livelylad]

About £250 going back to Jan2000

 

I would personally add it to the claim.

[wavelab]

Thanks livelylad. I think I'll go for it.

 

Wavelab

[wavelab]

Got it, thanks again livelylad & alexifa.

 

I'm going to take it back to Jan2000, about £250 difference. Request for Repayment of Charges in post tomorrow.

 

Cheers guys.

[bearo]

THREADS MERGED, PLEASE STICK TO ONE THREAD PER CLAIM THANKS!

[GaryH]

Hi Wavelab,

 

With regard to the 6 year limit, go back 6 years from the date you first informed them you were aware the charges were unlawful or that you intended to claim them back. This will be the date of your Subject access request. Any charges prior to that date are subject to the statute of limitation. There are good arguments to say that the statute of limitation should not apply due to the banks deliberate concealment of the nature of their charges, but you would need to understand the issues first, which will mean a bit more research. That said, as its only a reletively small amount and only a couple of months, chances are they will not even notice. If they did though, it could mean a delay and you would then have to either argue that the statute of limitation is negated (as above), or just drop the post 6 year charges from your claim

[wavelab]

Hi,

 

I've Finally got around to updating my progress. Sorry about the delay!

 

28.11.06 Sent Prelim letter and summary of charges for £1300 (Recorded Delivery)

 

05.12.06 Called Royal Mail as Prelim letter still not signed for. Looks like this one may have been lost, but need to allow a few more days for delivery.

 

12.12.06 14 Days Up - Should send LBA, but still no proof of delivery for Prelim letter. (Still states "Check back later" on Royal Mail online tracking). Thought I'd give the bank 1 weeks grace due to Christmas post.

 

19.12.06 Received reply from Lloyds dated 12.12.06. It was the standard "I am sorry you are unhappy about account charges" letter in response to my Prelim letter, even though my Prelim Letter still has not been signed for! (Christmas post probably!) So I went ahead and sent the LBA.

 

22.12.06 Chase Royal Mail re delivery. Again - LBA has still not been signed for as delivered and RM do not know what has happened to it.

 

I'm now reading up in as much detail as possible on the next stage; thinking I will go ahead and issue my claim on the 2nd Jan, 14 days from the 19th Dec (the date I sent my LBA) whether I hear from them or not.

 

Do you think I've given the bank enough time to respond, bearing in mind the delays in post this time of year?

 

Cheers & Happy New Year to you all.

 

Wavelab

[BARTY]

Hi

As long as you have given them the 14 days that you said you would, I would then start the Court claim.

Good luck:) , and keep us informed on how you get on.

Barty:)

[wavelab]

Hi,

 

Finally plucked up the courage after reading, reading and more reading of this great forum; to start my claim using MCOL. Within two days after filing my claim, Lloyds have sent me a letter saying they will to pay me £750 - about £1100 short of my total claim amount. And that the £750 will be in my account within a few days.

 

I have read on these pages that I should accept this, but only as a partial payment and that I should proceed with my claim for the full amount + interest and costs.

 

Does anyone know how this will affect the claim I have filed for £1800? I will of course inform the court that Lloyds have paid £750 of this claim - unless anyone knows otherwise.

 

Wavelab.

[GaryH]

If you've already filed the claim, then send this slightly amended version of the site's template and proceed as usual;

Response to settlement offer

Dear Sir/Madam

ACCOUNT No: ****** ********

CLAIM No: *******

 

Thank you for your recent letter in which you offer settlement to the matters as detailed above by way of a payment of £750.

 

I respectfully decline this offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £***.

 

I will accept the sum offered only as a part payment and on the clear understanding that I will continue with the County Court action to recover the full amount debited by way of charges.

Further, a claim was filed on **/**/** (details as above), before this offer was made. As such, court costs have also been incurred to the value of £*** and 8% interest has been added to the claim pursuant to section 69 of the County Courts Act.

Accordingly, should you credit my account with the £750 as proposed, the total amount still outstanding will be, to date, £****

I trust this clarifies my position.

Yours faithfully

 

If/when the £750 hits your account, notify the court that you have received it in part settlement only. Just a short informal note will be fine, addressed to the court manager.

[wavelab]

Brilliant, thanks Gary!