Waveydave V Lloyds

[Waveydave]

HI All - newbie to posting here but ive been lurking and reading for a few days now.

 

Anyway - got all my bank statements out from Lloyd this evening ( going back to early 2002) and calculated they had charged me £3625 in the past 5 years - this is based upon amount of charges the last page of each statement ( where it says we will debit X amount in charges on the 1st of that month). All these charges are from Returned cheques, direct debits and overdraft limit charges. The total is probably more than this as there were a few months missing and it doesnt go back 6 years.

 

In the prelim letter it says you should include your schedule of charges - What exactly is this ? Do i just type out a list of each charge, the date and the amount and include that ?

 

Or should i just go ahead and send the prelim letter without a seperate statement and let them work it out ?

 

Finally - is it worth paying £10 for the subject access request to get a clearer idea of the charges owed even though its likely to delay my claim by a further 40 days ?

 

Thanks in advance

[jonni2bad]

Hi and welcome aboard....

 

Firstly, the schedule of charges can be exactly as you suggest. There is need to show specifically what you are claiming and when these occurred. We do, however, have spreadsheets on the site (see the Templates Library) that you might wish to use. Simply input the charge 'title' / amount / date and the spreadsheet will give you a total figure.

 

It will also show the interest that has accumulated on each charge - this is not reclaimable until your case reaches court action, but you might as well use it in case you get that far...

 

I would advise you to send off the S.A.R - (Subject Access Request) but to also start your claim now - send off the Prelim letter but add a little sentence about your total claim value being dependent upon receipt of a full list of charges requested under the Data Protection Act.

 

If you are lucky, you'll receive the list before you reach court, otherwise you will not have long to wait if they don't - 12 days max' (based on you sending 2 letters each with a 14 day deadline).

 

Keep us updated on your progress- best of luck

[Waveydave]

Cheers for that

 

Shall start with the spreadsheet tommorrow and get letters ready for sending on monday morning

 

Thanks

 

Dave

[Waveydave]

Reet - im now going through preparing the dates and details of each charge to enter into the spreadsheet.

 

What i need to know is what date to put down on the charges

 

Example:

 

22nd august 06 - Unpaid cheque - £35 - THIS is the actual date the cheqe was returned and the Charge was implied

 

BUT

 

1st october 2006 - unpaid cheque - £35 - THIS is the ACTUAL date that the above charge was debited from my bank.

 

So - do i put down on the spreadsheet the date the charge was withdrawn by the bank or the date the cheque was returned ?

 

Just want to make sure i get every little details down correctly in the first place to avoid elongation of the claim and possible squirming out of it by the bank lol

[bearo]

You put down the day they actually debited the money from your account...

[Waveydave]

Cheers

 

Just been through and done it and got my figures in order ( a lot more than i expected !! )

 

so i sh\ll move onto the next stage and will be back asking more questions soon lol

[Waveydave]

a few more questions for you

 

These are the re occuring charges that have cropped up throughout the past 6 years. Am I ok to claim for all of these ?

 

Unpaid Direct debit

Unpaid Cheque

Unpaid Standing Order

Overdraft Excess Fee

Overdraft Usage Fee

 

These are all as well as overdraft excess interest etc

 

Second Question

 

Although im sure ill net a huge amount if i claim for the interest caused by the charges but i'm not overly bothered about going down that route as i dont fully understand how the interest is calculated and when all is said and done something is better than nothing

 

So which of the spreadsheets at this page do i need to complete http://spreadsheets.google.com/ccc?id=o08571588547445759977.2587399380008153659.01399406124076356046.3558027979580473339

 

And finally

 

Once i have completed the spreadsheet am i ok to just print that out send it with my prelim letter ?

 

Thanks for your time and help - tis really appreciated

[Waveydave]

Thought i would add my details here as im sure ill be back with questions soon enough

 

I have 99% my statements from the past 6 years so i havent bothered contacting Lloyds with the S.A.R - (Subject Access Request) letter.

 

Im claiming for £4163 over 5 years - shocking when i looked back through it and reliased one month i had a staggering £578 worth of charges on unpaid direct debits alone !!! Incidentally the date of that charge falls in line with the date the child tax credit decided i had been overpaid and immediatly stopped paying us with no warning Grrrrrrrrrr

 

 

Initial preliminary letter requesting refund of charges sent 16/10/06 to :

 

Customer Service Recovery Service Centre,

125 Colmore Row,

Birmingham,

B3 3SF

Sent by registered post so now the count down begins. I'm nervous and excited at the same time but after a weekend of researching and discussing with my Wife we have both agreed that should push come to shove we will stand up in court and be counted

 

Wish me luck, i think im going to need a lot of it

 

Waveydave

[midge61]

Hi and welcome.

Well done for starting the process and good luck. I have got as far as filing my claim and it has been aknowledged so awaiting their defence.

[Waveydave]

Well its taken them 12 days to reply with a letter saying "we will look into this and it will take us approx a further 2 weeks to do so"

 

So standard bogoff letter

 

2 days time i will be moving to the nextstage and the LBA as the 14 days i gave them will be up

[Waveydave]

LBA now SENT :o

 

Im going to start preparing for the obvious outcome of it progressing to the court stage but what should i be looking at doing TO prepare ?

[midge61]

HI wavey

Read as many threads as you can see how it's likely to go. There are templates for filling in the court forms in the library so you can download them ready and if you are going to take them into the court in person you can get it filled in ready.

Good luck

[freebird]

good luck Dave, have a look at some of our threads in the Lloyds section to follow our timelines

[Waveydave]

Cheers for your replies

 

Recieved the banks "Final Response" to this matter today which essentially said ( as im sure all the others do) " SOD OFF your having nowt, we dont agree with OFT's thinking and if you want to complain then dop so via the fincaial ombudsman

 

so its onto MCOL now i believe ?

 

can i file immediatly or should i wait for 14 days again bearing in mind the bank have made itquite clear its thie final response on the matter ?

[Waveydave]

another question ( sorry lol)

 

On the "throughout claim with contractual interest" spread sheet it asks for CLAIM DATE.

 

What date is this?

 

Todays date?

 

Date you sent the first letter ?

 

Date you intend to file with MCOL ?

 

ANy info gladly recieved and appreciated

 

WD

[Waveydave]

any answers to the above please ?

 

and finally - worked out that with compound interest of 8% im looking at claiming approx £5002.50 give or take a quid or two

 

this should still be fine through small claims shouldnt it ?

[Waveydave]

any answers to the above please ?

 

and finally - worked out that with compound interest of 8% im looking at claiming approx £5002.50 give or take a quid or two

 

this should still be fine through small claims shouldnt it ?

 

sorted teh date and the 14 day questions but could someone answer the above query for me ?

 

Ive worked out all in the claim is for £5024.86 + court costs ( which will be £250 ) so id just like to know if this will go through the normal small claim proceedings as detailed in teh FAQ's etc because of the amount ?

[Waveydave]

anyone ?

[newacre]

dave

 

interest is not considered when a court values a claim.

Civil Procedure Rules rule 26.8

PART 26 - CASE MANAGEMENT – PRELIMINARY STAGE

 

On page 64 Patricia Pearl says that it applies "whether or not that interest is contractual or claimed pursuant to statute".

 

the amount of your claim is your charges plus the interest that they have improperly charged you.

[midge61]

Hi Wavey

I did my claim with just the 8% interested and it came to 800 over the 5k and thats being allowed to go small claims track. Once you recieve your AQ you will be able to put a statement in that states why you think it should go smalls claim track. Only difference going over the 5K is to file court claimmcosts £250 and AQ costs £100.

Hope that helps

[midge61]

Hi Wavey

I did my claim with just the 8% interested and it came to 800 over the 5k and thats being allowed to go small claims track. Once you recieve your AQ you will be able to put a statement in that states why you think it should go smalls claim track. Only difference going over the 5K is to file court claimmcosts £250 and AQ costs £100.

Hope that helps

[Waveydave]

Hi All,

 

Not been around for quite a while due to one thing and another (mainly working hard over xmas) so this is just a quick update on where I am with my claim against Lloyds, and a request for some info / advise.

 

I originally recieved my final "sod off" letter from Lloyds on the 10th November 06, I joined MCOL and filled out my particulars etc but never got round to actually clicking the submit button due to the court costs coming to £250 - so it was wait for pay day before i did it, then christmas comes along and next thing i know its 4th January and im thinking i really should get this sorted.

 

So, first question - will the almost two month gap effect anything ? should i start from the begining again , should i send Lloyds another final letter? or am i fine to just jump on in and continue with my claim through MCOL ?

 

Secondly, i have had another charge on my account since my list of charges was sent to Lloyds - can i add this to my claim or would the court / lloyds view it badly as it would not be on the initial list of charges i sent ? ( at this stage i still have not submitted anything to the court.)

 

Finally - the charges i am claiming back, including the courts 8% compound interest, come to approx £6000 so the court costs i have to pay are £250 - im fine with this but is there anything i need to know or does anything differ if you go over the £5000 small claims court limit ?

 

Cheers for any info you may be able to help me with, Im gonna go and start reading up again now

 

WD

[barracad]

Threads merged - please stick to one thread

 

The gap won't make a difference

You can add the extra charge

If your charges (without interest) are less than £5k it will stay on small claims track - if the interest takes it up to £6k this doesn't matter.

If you are claiming 8% interest you should use simple, not compound interest.

[Waveydave]

Cheers Barracad, and apologies for not stickiing to single thread.

 

shall continue my reading for this evening and put the claim through tomoz once ive worked out the new interest and added additional charges.

 

Thanks again

[Waveydave]

Well - i still havent got round to clicking the send button on mcol yet lol - tbh after reading all i have a bout Lloyds "embaraament" response / defence to mcol claims im glad i havent.

 

Anyway - ive just had my natwest charges sent back to me so i now have the dosh to go for lloyds.

 

Id imagine this one will be a lot more difficult judging by the hassle everyone else has had - Have lloyds actually defended a case yet or are they still paying up.....EVENTUALLY ?

 

Finally there was one thread i read this evening that worried me slightly, regardiing somebody who was being countersued due to having an old CC debt with Lloyds - This affects me also , although the amount I am claiming from them is a lot more than the amount i owe them - will this throw a spanner into the works ? Is it something i need to consider or plan for ?

 

Cheers all

 

WD