lorfatz Vs Lloyds

[lorfatz]

Don't know if anyone can give me some advice on this. I have sent the two letters to Lloyds and have got a response stating that they will do nothing.

 

My claim only goes back to Jan this year when I went to my branch and asked for assistance as my husband had lost his job and we were struuggling. The banks response was to set up an arrangement to reduce my overdraft limit by £200 a month, which I aggreed to as I was in such a state at the time. Any idoit could have seen that there was no way I could stick to this arrangemnet as I then had way more money going out than coming in. Since that time they have charged me a total of £610 and my account has now been passed to the collections dept as I was unable to keep to the arrangement!

 

The amount that I am out of the arrangment is just over the amount of there charges.

 

Lloyds have stated that they will not refund the charges and see nothing wrong in their actions. I am now not sure whether I should go through the small claims court or the financial obudsman.

 

Any advice?

[swilliams]

hi lorfatz,

you should go through the small claims court, what you received back was a standard letter. Do not let them put you off, carry on with your claim, as scary as it seems, others have followed this route and won.

good luck

s williams

[lorfatz]

Ok - I have finally plucked up the courage and found the time and am in the process of submitting my claim online at moneycalim.gov.uk

 

I am trying to fill in the particulars of the claim (using the template from this site - thanks guys!) but the site is not giving me enough space to put in all the particulars.

 

Any advice?

[breadline]

post here what you are entering but astrex your details with the same amount of didigits.

It is a real squash as you can only make it into 24 lines.

some times moving the odd paragrah number to teh first letter of the sentence helps.

try having a shuffle it should fit but as ive mentioned it looks like a stuffed sausage:D

[lorfatz]

Here is what I am trying to post:

 

******************************************************

1. The Claimant has an account xxxxxxx ("the Account") with the Defendant which was opened on or around 1991

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £610 and any interest charged thereon; b) Court costs;

I believe that the contents of these particulars of claim are true

******************************************************

 

It's coming up on as 38 lines and 1535 characters and the site is insisting that I can only have 1080 characters and 24 lines! Can I delete anything else without effecting the actual content.

 

I'm probably just being really daft - 6 months pregnant and the hormanes are playing havoc with me brain (or at least that's my excuse!)

 

thanks so much for any help.....

[lorfatz]

Also - just another quick query. I have not stated I will be claiming interest back as I am only claiming for charges since Jan this year and it looked like interest had to be claimed yearly.

Should I be claiming interest or not?

Sorry for all the daft questions, I just can't seem to get my head round this.

Laura

[lorfatz]

Right - got all that sorted and have now submitted the claim. I am really struggling with this and have ANOTHER question - sorry and thanks to those that are helping me out.

How do I know where to send my schedule of charges - do I just send them to my local county court or do I wait until a court asks for it? Also at what point do I send of the rest of the paperwork (copies of letters and statements etc) SHould it all be sent in one go, or again do I wait until the court ask for it?

 

Any help very gratefully recieved!

 

Laura

[BARTY]

Hi

Did you do your court claim online? If so do the following:

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

Dear Sir/Madam

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Faithfully

 

 

 

 

 

When Lloyds acknowledge send the same to them.

As for the rest of your paperwork, the court will write to you with when you need to send them when they give you your Court date.

 

Good luck!

Barty:)

[lorfatz]

Thank you so much - will post that off tomorrow.....

 

Here's to the waiting game.........