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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Nickep v Lloyds TSB

nickep

By nickep
in Lloyds Bank

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nickep

nickep

Posted
Posted

Hi People,

 

I wrote to Lloyds requesting all of the information they hold about me and enclosed my £10 fee. They came back to me before the 40 day deadline. I now need some help on how to interpret the information in the package.

 

I have some entries which fall as charges for returned Direct Debits and unpaid Standing Orders. Some of these are for as much as £128. Can I claim the whole charge or do I need to claim a portion (i.e. the charge element)? I understand the other entries and have disected my statements to divide up the charges it's just the DD and SO charges I can't fathom...

 

Can someone shed some light on this?

 

Thanks

[FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Request - 10 October 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Response - 7 November 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT]

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livelylad

livelylad

Posted
Posted
Can I claim the whole charge or do I need to claim a portion (i.e. the charge element)? I understand the other entries and have disected my statements to divide up the charges it's just the DD and SO charges I can't fathom...

 

Can you explain this a bit more please, What do you mean a potion Ie the charge element? What is the rest then?

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nickep

nickep

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Hi,

 

Well, on my Statement it says Returned Direct Debit £128. I presume that this, just for example, is made up of £100 for the direct debit and £28 for the charge for returning the debit.

 

Of course if this is not the case then I'll add the £128 to total of charges.

 

Is this any help?

[FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Request - 10 October 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Response - 7 November 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT]

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livelylad

livelylad

Posted
Posted
Hi,

 

Well, on my Statement it says Returned Direct Debit £128. I presume that this, just for example, is made up of £100 for the direct debit and £28 for the charge for returning the debit.

 

Of course if this is not the case then I'll add the £128 to total of charges.

 

Is this any help?

 

Well the £100 is not a charge its the cash they either paid or didnt pay either way you have not lost the cash. You can only claim the actual charge amount.

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nickep

nickep

Posted
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Posted

Hi

 

Thanks for the information. I presume the same is true for Standing Orders? All I have to do now is find out what the charge for a returned DD and unpaid SO is...

 

Thanks for your help.

 

Nick

[FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Request - 10 October 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Response - 7 November 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT]

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nickep

nickep

Posted
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Posted

Hi again!

 

I have two accounts with Lloyds both of which have occurred unlawful charges. I want to claim on both accounts. Obviously I need to make two seperate claims. Can someone tell me if I should make both claims at the same time or wait untill one claim has come to a conclusion? Which way is best and why?

[FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Request - 10 October 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Response - 7 November 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT]

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skbuncks

skbuncks

Posted
Posted

At the same time cos it takes effing ages

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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nickep

nickep

Posted
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Posted

Ta!

[FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Request - 10 October 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Response - 7 November 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT]

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nickep

nickep

Posted
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I am confused. The Preliminary Approach for Repayment letter states the following:

 

"...What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter..."

 

I presume from this I should include the total amount of charges plus the interest these incurred. I have used Vampiress' spreadsheet to calculate the interest.

 

However, some more advise from the forum says DO NOT include the interest in the claim. Include it later!

 

Do I fill in the XXX out areas that refer to the interest or not?

 

Please help!

[FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Request - 10 October 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Response - 7 November 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT]

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bearo

bearo

Posted
Posted

The interest this refers to is not the 8% that you can only claim at court stage, it is the interest accrued on your account due to going overdrawn due to your charges, if you are not claiming this, leave it out of your letter.

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nickep

nickep

Posted
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Posted

Ahhh I see! A crossed wire no doubt. Would leaving the interest out of the claim make them think I don't know what I'm doing?

[FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Request - 10 October 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Response - 7 November 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT]

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BARTY

BARTY

Posted
Posted

Hi

I left the interest out of my claim, it was hard to calculate and only a small amount, and they settled my claim. It is entirely up to you.

Good luck!

Barty :)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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GaryH

GaryH

Posted
Posted
Hi,

 

Well, on my Statement it says Returned Direct Debit £128. I presume that this, just for example, is made up of £100 for the direct debit and £28 for the charge for returning the debit.

 

Of course if this is not the case then I'll add the £128 to total of charges.

 

Is this any help?

 

The amount the DD was for does'nt come in to it. If it shows 'UNPAID DD £128' on your statement, thats what the charge was and its all reclaimable. If multiple charges are levied for the same reason in the same month, they tend to group them together, which is why the figure is so high.

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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nickep

nickep

Posted
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Thanks for you input. I am sending off my claim today by recorded delivery. I am not including any interest as yet, just the total amount of the charges which in total comes to about £1700 for two seperate claims (two accounts!).

 

When I include the schedule of charges do I need to include the columns that calculate the interest or will this just confuse Lloyds as to what I am actally asking for?

 

Nick

[FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Request - 10 October 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Response - 7 November 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT]

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GaryH

GaryH

Posted
Posted

No, don't include the interest column if you can help it. If you can't exclude it or have already printed it though dont worry, so long as the column is empty it does'nt matter.

 

BTW, is it two current accounts you're claiming for? If so, there is nothing stopping you lumping them both together as one claim, if you wanted to. May be easier and it'll save you paying two court fee's and having two lots of paperwork.

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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nickep

nickep

Posted
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Hi Gary

 

I though from reading loads of other threads that I ought to do two seperate claims. Although it would be loads easier to do one (less time, less money, less effort, and less worry!)

 

Presumably I just amend the paragraph in the Prelimary Approach for Repayment letter that refers to my claim. So it now reads something along the lines of:

 

"I am claiming for over charges on account XXXXXXXX and account XXXXXXXX that total £1XXX. I am including the schedules of charges for which I am claiming...etc etc..."

 

I can hide the columns on the spreadsheets so this wont effect me.

 

Thanks for your wise words, hopefully I am slowly getting it all together.

 

Nick

[FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Request - 10 October 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]Data Protection Response - 7 November 2006[/SIZE][/FONT] [FONT=Tahoma][SIZE=1]-------[/SIZE][/FONT]

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GaryH

GaryH

Posted
Posted

Yes, that'll be fine. If it were say, a current account and a credit card account, it would be best to keep them seperate as its completely different contracts involved, but if its two simular current accounts, the basic T&C's will be the same so you are better off combining them.

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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