Kevboy_telford Vs LLoyds

[Kevboy_telford]

Hi everybody

 

Just put my LBA in for £1310 & £520 interest over 2 accounts

 

Am I right in thinking I cannot claim for unauth'd borr fee if its £10?? as that would add £150 to my claim

 

Kevin

[thourb]

If you are paying for a service, whereby you pay £10 per month for your account, then you can't claim that back. However, if you automatically pay £10 every time your account goes overdrawn then you have every right to claim that back.

 

Just a small question... What exactly is the £520 interest that you have added on? Is this the interest on your charges, or total overdraft interest? Or have you added on the 8% as allowed by s. 69 CCA?

[Kevboy_telford]

Hi Thourb

 

£520 is the interest added on (but not the 8%)

its the figure from the complex charges spreadsheet

 

Thanks for the pointer re £10 - will add that back in and increase how much I am trying to claw back!!:grin:

 

Cheers

 

Kevin

[reload]

Hi Kevboy,

 

Just curious, but to echo Thorb that interest figure seems exceptionally high - just under 40% of your total!

 

Are you certain that's for the correct amount? Bear in mind that you cannot unilaterally claim back the full overdraft interest you have been charges - you can only claim back the o/d interest proportionally to the penalty charges, and for example if you are charged interest on an overdraft which does not have any penalty charges includedthen you cannot claim for that particular portion of the interest.

 

Unless, of course, you're going for contractual interest, which is a different matter altogether? Even then, the 40% is a bit high...

[Kevboy_telford]

Hi all

 

Just got my first standard letter from the bank. The 'we have received your complaint and we are going to investigate oh and heres our leaflet about complaining!' :grin:

Its from Sian Scrase but signed by somebody else.

 

I assume I can now go to the next stage - LBA? as I believe this is counted as a negative response! And we're at 14 days past my original letter.

 

I have tried to find the thread that had all the standard letters from the bank and what to do - but for some reason can't find it for love nor money.

 

Re my interest - I have calculated it as the full amount of overdraft interest that I was charged - as have no way of working out proportionately as it was the charges that pushed me into my overdraft in the first place.... - me getting very confused.

 

The way I see it is that because the bank charged me the privilege for going over my OD limit I should sue them an amount of interest, they have charged me. Is that correct or I am barking up the wrong tree? And how should I calculate the relevant amount of interest to claim back?

 

Cheers

 

Kevin

[Kevboy_telford]

Hi all

 

I have put in my MCOL for £2,545 on the 27th November and have had an acknowledgment of service from the solicitors on the 7th December.

 

However I have just had a letter from LLoyds TSB (20th Dec), which makes no mention of my claim, that says they are prepared to reduce the charges by repaying £750 straight into my bank account (with no more involvement from me) as a goodwill gesture.

 

Do I reply to the bank (after Christmas) saying thanks for the offer, but I count it as a partial payment towards my claim or do I ignore the letter.

 

Cheers

 

Kevin

[Kevboy_telford]

Hi all

 

I have now been given my Allocation Questionnaire. I have a couple of questions to ask that I cant find on this site.

 

1) Do I mention within the questionnaire the fact that Lloyds have given me £750 goodwill (without their sols realising) (ie within section G)

 

2) stupid Question I know but I do send a copy to the sols and LLoyds (seeing that it looks as if they are not talking to each other!)??

 

3) since starting this I have been charged more for being OD, at what point can I add this, if at all? and does the £100 charge for doing the AQ get added to the overall amount?

 

4) Do I reply back to LLoyds saying thanks but no thanks to the £750 goodwill (ie partial payment answer?)

 

Cheers for any help

 

kevin

[BARTY]

Hi all

 

I have now been given my Allocation Questionnaire. I have a couple of questions to ask that I cant find on this site.

 

1) Do I mention within the questionnaire the fact that Lloyds have given me £750 goodwill (without their sols realising) (ie within section G) I'm not sure, someone else will be along that does though

 

2) stupid Question I know but I do send a copy to the sols and LLoyds (seeing that it looks as if they are not talking to each other!)?? send a copy to the solicitors

 

3) since starting this I have been charged more for being OD, at what point can I add this, if at all? and does the £100 charge for doing the AQ get added to the overall amount? you can only add it on up to the point of the issuing the Court claim. You could try asking for it back when they settle, but more than likely you will have to start up a new claim for it

 

4) Do I reply back to LLoyds saying thanks but no thanks to the £750 goodwill (ie partial payment answer?) have a look here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Cheers for any help

 

kevin

 

Good luck!

Barty:)

[Kevboy_telford]

Hi Barty

 

re point 4. The letter I am going to send is:

--------------------------------------

TEMPLATE LETTER REMOVED

 

The main bit I am having fun with is the fact that I am already down the route of county court claim (ie am just about to send the AQ off tomorrow) (and will be sending a copy of this letter and the AQ to SC&M) and I cant find anybody else that has the same problem

 

If anybody can point me in the right direction, that'll be grand

 

Cheers

 

Kevin

[Kevboy_telford]

Just to let you know I have a court date on Friday 13th April in Birmingham @ 10 (actually thought when I got the letter it would be a 1pm but it wasn't to be!)

Still haven't heard anything from Sols or LLoyds so hoping this will go all the way (but I doubt it)

also there was something about the court lumping the same types of cases together so might see some of you there.

 

Have fun

 

Cheers

 

Kevin

[BARTY]

Hi Kevin

Have you got directions on your letter about sending in your evidence? Are you OK with the Court Bundle etc?

Barty:)

[Memnoch]

Just a little advice regarding the £750. lloyds TSB tend to offer that as good will to all customers that are getting to the court stage (obviously only the customers who's claims are over £750).

 

Sometimes Lloyds TSB will actually credit to your account without even your acceptance as a settlement. If this occurs search on the forums for a template letter accepting 'PARTIAL' settlement, then continue with your claim as normal.

[Janet-M]

Just a little advice regarding the £750. lloyds TSB tend to offer that as good will to all customers that are getting to the court stage (obviously only the customers who's claims are over £750).

 

Sometimes Lloyds TSB will actually credit to your account without even your acceptance as a settlement. If this occurs search on the forums for a template letter accepting 'PARTIAL' settlement, then continue with your claim as normal.

 

If it's paid into your account send letter 2 in this thread changing the paragraph refered to thats in red text

[Memnoch]

If it's paid into your account send letter 2 in this thread changing the paragraph refered to thats in red text

 

 

Ahhhaaaa, that's where that letter got to. I couldnt find it :-| but then again, it is late.

[Kevboy_telford]

Hi All

 

Its my big day on Friday morning but I havent heard anything at all from SC&M since I got a court date (even though they mentioned that they wanted to hold off for 1 month so we could talk!)

 

Is there anything I should be doing before Friday, say contact the court to mention that I havent had any response or court papers etc?

 

 

Cheers

 

Kevin

[John72]

Hi Kevin

 

Just tagging on to your thread - surprised to see (although I suppose we shouldn't be) that you've had nothing from SC&M at all; did they not send you a copy of their court bundle as you did to them?

 

I suppose you now have to wait and see what happens between now and the hearing. As seems to have happened in other cases, SC&M simply fax the court directly prior to the hearing saying they have settled the matter with you. If so, you need to ask the Judge to encapsulate that into a formal order in the claimant's absence. Alternatively, and in the absence of the other side, you would need to ask the Judge for judgment in your favour, and also ask him to award you the costs of travelling to and attending court on Friday.

 

If SC&M do turn up then you will need to rely on your claim and your court bundle and hopefully the Judge will award in your favour. But, by all accounts, if SC&M do appear it will be the first time they have.

 

John

[Kevboy_telford]

hi John

 

I was supposed to have received my court bundle last weekend (easter), but am still waiting

 

So all I have to do (hopefully) is ring the court on friday morning - wait for them to tell me they have paid up and go to work a happy bunny! (doubt it will happen like that though)

 

Kevin

[Kevboy_telford]

Hi all

 

Just a quick post - have just spent over 1 hr with a lovely judge pulling me apart. SC&M didnt turn up at all and never submitted a defence - so I had to be devil advocate to the judge!

 

He threw out the money programme and the house of commons as not admisable

 

so to cap it all he has deffered judgement for a few weeks!

 

will post later with more information

 

Cheers

 

Kevin

[Kevboy_telford]

I have just had the letter from the court, saying that he has reserved judgement and will write to all involved in the future with his verdict. He also mentioned that the defence didnt turn up or even submitted any type of defence.

 

Hope this might push SC&M to remember who I am!

[Kevboy_telford]

seeing that I havent heard from SC&M since I have been court, should I send them a letter seeing if they will pay up before the judge gives his verdict?

[Kevboy_telford]

I still havent heard anything from either SC&M or the courts. Any ideas of what I can do? Its been 24 days since my day in court. - Should I ring SC&M or send a letter seeing if they will cave in?

[Kevboy_telford]

bump

[Kevboy_telford]

I had my day in court on the 13th April. However I am still waiting to hear from the courts or SC&M (judge decided to reserve judgement- he told me it would be about 2 weeks before I would hear anything).

Should I ring the courts to find out what is happening with the decision or should I ring SC&M to find out what they are upto?

I am particularly nervous of ringing SC&M as I would think (from hearing everybody elses comments) they would be more 'we'll wait until we get the judgement' and I dont think it would benefit me.

 

Any ideas or thoughts?

 

cheers

 

Kevin

[nicsussex]

Give the courts a call it won't do any harm

[Kevboy_telford]

Hi

I've just had my decision from Court today - its been dismissed. I have to go to judgement on the 15th. is there anything I can do?????