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Systemerror

Lloyds bank harassment - taking them to court for damages. **WON***

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This is a typical call:

 

Cust:....lo.....

agent:...Hello.....

Cust: Hello

Agent: Yes, Good evening, I'm looking for XXXXXXXXXX

Cust: Speaking

Agent: Yes, My name is John ( as if ) and I'm calling from Lloyds TSB and............How are you today?....

Cust: .....err, well I'm fine at ten to nine on a Friday night ( totally loaded with sarcasm ), what's the matter?.....

Agent: Yes, and, err, for you personal banking security can you please verify your date of birth.... and your post code...

Cust: ( "Thinking do you think I'm a bloody idiot" ) ......NO?

 

(Pause)

 

Agent: Alright, I understand your hesitation, however if i provide your year of birth can you you please confirm the day and month?......

Cust: No, I don't give out personal details on the phone....

Agent: Alright, no worries I just need to advise you to visit the Branch of lloyds TSB for their assistance, OK?....

 

 

This was call was made after a meeting had already taken place in branch where it was agreed that the bank would no longer call me and that there was no reason for them to be calling me. At the end of this conversation LLoyds DSAR team state:

 

( call terminates - as customer was mid sentence it would suggest the call was terminated by the agent but this cannot be validated from the call recording system)

Edited by Systemerror

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Fully completed particulars of claim have been served.

 

I could be wrong, but I am sure that when the Court clerk read my papers a little smile appeared.....

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I have received a letter from SCM saying they are looking forward as a matter of urgency to receiving my completed particulars of claim!!

 

As I have served them on the bank already, and on the court with a notice of service, well within the deadline, it makes me wonder how utterly disfunctional of an organisation they actually are!

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Don't reply.

If they miss the deadline for filing a defence, put in for a default judgment immediately.


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Thanks.

 

Over the weekend I spent some time going over letters etc. This letter came in response to a complaint I made on the first day of telephone harassment. The start and end end of the letter are standard copy-and-paste template paragraphs that they use in complaint response letters. The middle part is as follows:

 

"........My understanding of your complaint is you are dissatisfied with the level of contact from our Collections department by telephone. Regarding our Collections department contacting you by telephone, I apologise as your number was on the collections database. I appreciate that you were not in arrears and I can assure you that all numbers have been removed.

 

To put things right I have arranged to pay you £25.00. This is made up of a payment for the distress and inconvenience caused to XXXXXXX. This payment will follow seperately in the form of a cheque ( which by the way failed to clear because the bank had filled the cheque out incorrectly ) . Please allow 7 to 10 days for this to be received.

..........."

 

 

And ofcourse, the harassment continued after they sent me this letter.

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I'm tootling about collecting together as much additional info for my claim as possible.

 

I am coming across reports that SCM solicitors, (lloyds In house solicitors) use the same 01273743574 telephone number to apparently harass people. When I win my claim for harassment, is this something that can be reported to a regulatory authority of one sort or another? It seems Lloyds collections and SCM are one and the same...

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Having difficulty posting up the document. It is .jpg but the uploader doesn't like the file. Help!

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Thanks dx100uk - Have posted up docs a couple of posts down...

Edited by Systemerror

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scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx


..

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Their response appears to be a joke, confusing LIP costs with my damages, ignoring their breach of the DPA 1998 and wholly belittling the distress that they have caused!

Edited by Systemerror

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Here they are:

Edited by citizenB

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Their letter is not "without prejudice".

 

Is anyone able to explain the significance of this?

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they have said that the offer is 'without admission of liability', pretty much the same thing for all intents.


IMO

:-):rant:

 

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Glad you got something out of them. Now, if only I had been so diligent with BoS/HBoS all those years ago.

 

Well done.

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hi FlyboyAgain,

 

It's never too late ( From the Protection from Harassment Act 1997):

 

 

6 Limitation.E+W

In section 11 of the M1Limitation Act 1980 (special time limit for actions in respect of personal injuries), after subsection (1) there is inserted—

 

“(1A)This section does not apply to any action brought for damages under section 3 of the Protection from Harassment Act 1997.”

 

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Thank you, but it's all in the past, now, and I sorted out HBoS good and proper own my own, from advice imparted and info learned on this site. Anyway, all the call logs were on an old PC and even though I have copies of all correspondence, I don't see what can be achieved several years down the track. Thx, anway.

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Document sorted and approved for viewing .


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for that.

 

SCM have asked for an extension as they have failed to submit an ammended defence and they have been given it!

Edited by Systemerror

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Having deliberated over their pathetic offer of settlement which neither adresses their nasty behaviour nor their failure to comply in full with my subject access request, I have decided to send them a letter inviting them to roll up their cheque and stick it where the sun doesn't shine.

Edited by Systemerror

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Good on you - keep fighting

 

Intend

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this has often been copy/pasted. tis a few years old so double check.

http://www.alway-associates.co.uk/le...icle.asp?id=55

 

 

 

 

Thanks...

 

 

What sticks out to me in that text is "without prejudice" is often used when seeking a genuine settlement between parties - understandably.

 

What is apparent here is that Lloyds were / are not trying to genuinely settle. I believe they are chancing a settlement because they were close to the deadline for filing their defence and hadn't done so and perhaps thought that they could throw some money at me and make me go away - I believe this because the scm employee dealing with my claim is the same person who dealt with my previous problem with Lloyds where they incorrectly defaulted my credit file for months and I came within a whisker of suing them. On that occassion they fixed the problem, eventually and sent a sum of money which was bigger than my desire to sue them. This time though their bullying has upset all of us, me, my family, my children and has interfered in our lives and prevented us from getting on with things.

 

I am really annoyed and frustrated that they didn't try to file a defence by the deadline becasue my claim is simple and they should be able to answer it easily - this is just taking up more of my time.

 

Today my SAR is 70 days overdue!

Edited by Systemerror

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Today I have received the order from the court relating to post #45.

 

It says

Before District Judge XXXXXXXX sitting at XXXXXXXXX County Court,

Upon reading a letter from the Claimant

IT IS ORDERED THAT

The date for the defendant to file any amended defence is extended to sometime soon

Dated recently

 

I am the claimant and have sent no letter so I rang the court. The nice lady says "OOps- it's a mistake" and she'll send an Amended Order. She summarised the "Letter" lloyds had sent to the court to me. Essentially lloyds have written to the court saying they have tried to settle the matter and would also like some time to file an amended defence. They copied their letter with the derisory offer to the court.

 

Is this significant? :

 

She told me that the judge has given them considerably less time than they asked for to file their defence.

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