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Pen vs Lloyds TSB **TOTALLY & UTTERLY WON!**

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I'm intrigued about this 'contractual interest'. What exactly is it?

 

Pen, how did you work yours out?

 

Didn't mean to hijack the thread but i thought the topic was quite relevant as you have talked about it quite a lot. Hope you don't mind :D

 

Mikey

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Its the rate of interest the bank charges you on the money you owe them, under the terms of the account contract.

 

Now they owe you money, you can argue that the term should be reciprical and charge them the rate that they charge you.

 

This can be claimed instead of the 8% statutory rate, although there is no express provision that allows you to claim their contractual rate. You would argue that the rate should apply both ways under an implied principle of mutuality and reciprocity.

 

Ultimately, the judge would decide whether or not the contractual rate was applicable. Obviously the chances of the claim getting to court are slim though and a lot of banks are preferring to pay up the contractual rate rather than argue the toss in court - which would primarily mean they would have to justify their charges!

 

I've won 2 claims with contractual interest, v HSBC and Cap 1. Some are digging their heels in though, Halifax for instance - http://www.consumeractiongroup.co.uk/forum/halifax-bank/42023-garyh-halifax-visa-theyre.html

 

Thats it in a nutshell - if you want to claim it you should have a good read of the threads in the general forum so as you fully understand the issues first. http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html?highlight=contractual, http://www.consumeractiongroup.co.uk/forum/general/7252-new-way-looking-interest.html?highlight=new+way+interest


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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Aha, well the bank has charged me interest at a rate of 29.8% every time i have owed them money (via unauthorised overdraft) so why shouldn't the same apply to them? I don't believe i have 'authorised' Lloyds TSB to have any form of overdraft facility from myself and i would therefore argue that from the first time they unlawfully drew upon funds from my account, they have held an unauthorised overdraft of their very own!

 

Like you said before though, it will ultimately be up to the court to decide which rate of interest is fair.

 

Pen, good luck with your claim and don't take any cr4p from Lloyds. Hijack finished! :rolleyes:

 

Mikey

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If you go to google, type in your bank name along with 'interest rate' it will bring up the relevant pages.

 

If you want to know what Lloyds charge though, here is the link:

 

Lloyds TSB - Current account rates

 

Mikey

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Hi everyone, sorry I have not responded for a while had not been feeling to well but happy to say I'm feeling much better. I received a letter from my bank the other day offering me £750.00 and on the same day my son received a offer of £550 his claim was for £1,100. maybe they think everyone will except their offers just after Xmas? I will be posting 1 off my Claims on Monday for £5,500 and if I get time I will post the other 2 claims. Thanks GaryH for the info/wording for the contractual interest I also cannot believe people are not claiming it.

wish me luck everyone

Pen


:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Hi Pen... glad you are back... Sorry you were not feeling so well. Good luck with beginning the court phase with you accounts. I have just got to the same stage with a few of mine... costs a bomb though doesn't it?... well not a bomb, but £120 for each claim begins to hit where it hurts. I suppose we get it all back, it's just hard to raise at this time. I have filed four with the court this week... YIKES!! Hope you had a good Christmas and new year.

:-)

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Hi Maxine, Thanks for your post, yes it does cost a lot, Thats whats took me so long in processing my claim, trying to get the funds together in the first place. I know you get to claim them back but you still have to pay up front which is a pain. anyway I have filed 3 and it will be well worth the struggle if we win, I had a loverly Xmas thanks Maxine especially with all my children coming home from Univ, hope yours was just as good with an even better New Year, good luck with your claims and please keep me informed, I will do the same. For now I have another problem which I am hoping someone can help me with. I have sent the bank 3 S.A.R - ( Subject Access Request) letters up to now the final one was 2 weeks ago giving them their last 7 days their time for response as now run out and I still have not received the info I requested especially in relation to my bank loans. I have today received another letter from the banks creditors stating that they had put a default against me and are in the process of issuing court proceedings. so what do I do? Do I now take this to court ? what damagers if any can I claim for, Can I now claim for the loan which the bank insisted that I refinance? are there any templates for taking court action relating to SAR I could not find any in the templates library, any advice please or directions on where to look on the site. Has anyone took their bank to court over SAR if so, what did you write on the N1 form and what was the outcome.

Thanks everyone

Pen

Speak with you soon Max, fingers crossed.


:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Bumb


:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Hi Maxine, is really loverly of you to respond so promptly, thank you.

I know what my bank chargers are and have issue proceedings against my bank for these, what I don't know is what to do about them not complying with my request for my banking history despite sending the SAR with the payment and 2 other letters giving them more time. When I take them to court for this am I just asking the court to issue a order for them to supply me with this info, I don't know what I am asking the court to do. I cannot get my loan statements or a copy of the agreement on-line and I do need this information to prove that my original loan was refinanced solely due to being in arrears with the loan because of the bank chargers being applied and payed before my loan payments.

as anyone issued court proceedings against their bank for non compliance with a SAR request.

I had gotten my head around claiming for the return of the chargers but this is now a totally different issue and there does not seem to be a lot of guidance covering taking this issue through the courts and what I would be claiming for.

Is there any folks who could guild me on this or point me in the right direction please, I would be really glad of your help or advice,


:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Bump,

Advice still greatly needed for court action in relation to Banks non-compliance with SAR

Thanks

Pen


:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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I've just won a non-compliance claim v Abbey. I've got to rush of to work now, but I'll come back here later and see if I can help in any way.

 

Firstly though, did you follow the correct procedure with regard to submitting the SAR?

 

Did you use the template and inclose the £10 fee?

Have they cashed the cheque?

Have you changed address or sirname or anything like that recently? If so, are the new details registered with the bank?

Have you heard anything from them since you made the request - an acknowledgement or anything like that?


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Gary, Thanks, I am so glad you can help. I have followed all the procedures from this site, sent all 3 letters by recorded delivery and they have cashed my cheque. I have requested all copies of correspondence relating to my banking history all bank statements, copies of loan contracts and loan statements, copies of everything the have relating to me. all I have received in response is 1 years bank statements. I have sent additional letters after the 40 days giving them another 14 days, stating they have have failed to supplied me with all the info I requested and gave them another 14 days to comply. Just before Xmas I sent them a ( letter before Action) giving them a further 7 days to comply and yet still no response.

Along with the SAR letters I have followed advice on here and sent my bank s10 letters relating to giving my information to third parties, I received a reply to this stating that s10 does not apply to the bank, I sent them another letter informing them that it does but they have also ignored these letters as I continue to receive letters from their credit agent threatening me with court action in relation to my loan. I have now lodged 2 claims with the court for bank chargers but I am unsure what to do regarding the SAR and s10 requests I have not idea what to write on the N1 form or what I am claiming for, I would like to be able to wipe out this loan.

Gary I would be grateful for any advice you can give me, I am sorry I could not respond sooner to your post as I am not always well enough to use the computer so please bear with me, hopefully I will be back on-line tonight.

Thanks again

Pen


:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Ok, it seems like you have grounds for a claim. Have a read of these POC's and amend to suit - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html?highlight=non-compliance+POC

 

Perhaps if you'd like to post here what you come up with, I can check it for you.


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Gary, Thank you so much for this info it is just what I was looking for, I am sorry I have taken so long to reply, you must think me very ignorant, This really is not the case and I appreciate your time in reading and responding to my post. Thanks

Hopefully ( as soon as I have saved up the money) I will now be able, with this information to file a claim in court, Despite not receiving the information I requested from the bank I have found some old documents which clearly demonstrate that the second loan the bank gave me to pay of the first loan was solely given to me because of the first loan becoming into arrears due to the bank taking such excessive chargers out of my account instead of making the loan payment. The whole of the second loan payed off the first loan plus chargers and interest nothing else.

How I am going to word all this in the summary I don't know, but I will give it a good try. Thank you for your kind offer of reading it through for me, I would very much appreciate your help and if OK I will Pm you once I have posted it on here.

Thanks again Gary

Pen


:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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I think TSB are taking the mickey,

I received a letter from them today stating that they have not received my SAR request so could I supply them with details of sending it and how was it paid. They had sent me some of my statements and cashed my TSB cheque into my account so I'm unsure in what they are trying to do, why not just send me the information, what do they have to achieve by not supplying me with it? Is anyone else having so much trouble getting there information from this bank

Pen


:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Yes Pen... TSB are messing me about too. I have been trying to get my TSB credit card statements from them. I sent the SAR letter on the 17th Novemeber with a cheque for £10. I have been calling them to chase it up ever since. The last conversation I had with them was last week, where they said that they have re-ordered the copy statements and that I should hear something within the next few weeks. Even if we complain to the Information Commissioner it is not going to acheive much right now as apparently they are snowed under with complaints about banks and card companies not complying to the 40 days thing.

 

I think a lot of banks are beginning to use these delay tactics. I suppose the banks and card companies are seeing an increase in people claiming and so they must think that if they mess you around a bit, you might give up or forget to follow things up.

 

I have had loads of hassle with egg using similar tactics to what TSB are doing to you. They sent me only some of the information. When I finally got the rest of the statements, sure enough the missing ones were the ones with charges applied on them.

 

I think that these dirty tricks are becoming more common place. Take a look at my egg thread and you will see what I mean.

 

http://www.consumeractiongroup.co.uk/forum/egg/57794-egg-battle-begins.html

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Will do Max, nice to hear from you again, I have never phoned the bank to chase it up as i don't think calls are much use I like all things written down, I do intend to follow it up through the courts as they should not get away with these sort ot tricks, the only trouble I have is financing the dam things. Its going to cost me another £250.00 which I don't have as I want to be able to get the loan for £7K plus wiped out since they should not have forced me to take it in the first place. another small problem I have is that I have about 20 receipts for recorded delivery letters to the bank and I don't no which ones are relating to the SAR letters I have narrowed it down to about 5 following the dates on the letters corresponding with the dates on the receipts, I don't know about you but I am so worn out with it all I am nearly ready to pack in as it's taking all the energy I have. My claim for one set of chargers went into the courts last Wednesday through the fast track as it was for over 5k so that will come back at some point, I am unsure of the time scales, but that is going to be another hard slog and I honestly don't know if I will have the energy to carry it through, I can just about keep my eyes open with all the medication I am on and I would rather spend time with my family when I am awake then on the computer all the time just trying to get back what belongs to me in the first place. maybe I'm being abit selfish pack it all in and consintrate on my family while I still have them. If only the courts and the banks knew what they where putting people through. I do hope everyone is sucsessfull with their claims as they do need teaching a lesson.

Pen

Pen


:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Hi all, Just a quick throught. I hand posted my N1 and payed the £220 2 weeks ago the claime was for just over £6,000 I am now in the process of saving to pay for 2 other claims (hard slog) but I should have added one of the claims for £3,000 on to the one I put in. Is it to late to do this now all the paper work has gone off. I just throught that if the claime was for £5-10,000 it was the same charge. If this is so I was so stupid not adding both claimes together and now it will cost me another £120 how silly am I. Is anyone worried about not winning after paying out so much in chargers. Also I have had no responce from the court should i have heard anything by now...

Pen


:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Hi pen,

Have been following your thread from the start, we are at pretty much the same point, got a letter back from the court today stating that the LTSB /SC&M want 28 days to file their defence, so more waiting about.

I have a claim for over £11000 (incl the 8%) so I suspect we will be in the fast track court at the same time. Try not to worry about it all, maybe you should hold back on the other claim untill the First one is settled? Just a thought, then you will be able to use the money you win to finance the second claim. You will get back all the fees.

I am also worried sick about my claim, not going through the small claims court does cause extra worries of costs etc, but we have got this far, we will carry on ...WON'T WE! come on Pen, don't give up, you can do it.

You have come too far to let them win now.:wink:


If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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Hi Darling, Thanks for your comments, just what i needed to hear. I hope I do win, I could do with a bit of luck and it would give me the confidence and finance I need to carry on with the rest of my claims. It is a lot of money to pay out for some of us and I could pay off all!!! my debts if I won them all. It puts a different prospective on it all when I think if I could pay all my debts with these chargers would I have been in debt in the first place. Darling, can I ask why you did not go for the contractual interest rate? I know some people do and some don't I think thats why I am worrying because i am claiming the contractual rate which seems such a lot when calculated over the last 6 years. you know , if we could claim back all our chargers since we opened the account 30 years ago we would be rich by many standards.

I am keeping my fingers crossed for you and i will continue to follow your posts, can we keep each other informed on our progress do you think?

Thanks darling

Pen


:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Hi Pen,

I have not claimed contractual interest as I have to admit I don't really understand the process! When I was putting my first claim for the Halifax no one had really mentioned it. I am still not clear at what point it is added or how. So I am going for what is the most straight forward, although I think that I may be missing out:(. Still as you point out just paying off this debt will make us feel light headed with happiness, and that is what we are after!. Imagine keeping all you earn? not having LTSB grab as much as possible on the day of their choosing, therefore causing further debt etc etc. If you can explain contractual interest to me...please try!! I think I have a problem unsterstanding how and why you can do this!! chin up

Darling1 (ps there is Darling on the site aswell, I am Sue by the way!!)


If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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you know , if we could claim back all our chargers since we opened the account 30 years ago we would be rich by many standards.

Pen

 

:p Blimey that would be a laugh!!:p

lol darling1


If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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Sorry Sue just read your post replied to it then lost it before I could click the button. I have just taken my medication and my eyes have started to roll so If you don't mind I will reply Tomorrow.

Good Night

Pen


:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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