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Bunnykins321 vs Lloyds TSB


Bunnykins321
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Hi

 

I've been reading all your threads and its all been very helpful so far but now I think that I may need some help and advice. This is going to be a bit long winded to get you all up to speed but I just wanted to make sure that I am receiving same as you guys Just thought I'd list action and correspondence received so that I dont miss anything out and miss anything before Court Action.

 

The story so far is that I have a Lloyds TSB Classic bank account and a Platinum credit card and I am hopefully going to claim back charges on both these accounts. From reading the threads I understand that I will have to put them both on the one Court Claim Form as I am not allowed to submit two to the same company.

 

What's happened so far:

 

Classic Lloyds TSB Bank Account

 

Prelim Letter sent 8 August

Statements and charges received 13 September

Request for Repayment of Charges Letter sent 5 October (Claiming £417)

Following letter received dated 19 October

 

Quote

 

Dear XXXXXXX

 

I am just writing to let you know that we've received your complaint - and to say how sorry I am to learn that you're unhappy with us.

 

You have my assurance that we will investigate the concerns you have raised with us - this may take a little time but I would expect our enquiries to be complete within the coming 2 weeks. We will then be able to respond in full to your complaint and at that stage, I hope, resolve matters between us.

 

In case you haven't received a copy of our leaflet called "How to voice your concerns" I've enclosed one with my letter. This tells you all you need to know about resolving your complaint with us.

Yours sincerely

Suzanne Trigwell

Customer Service Officer

 

I then received the following letter dated 28 October

 

Quote

 

Dear XXXXXXXXX

 

Thank you for getting in touch with us. I am sorry you are unhappy over your account charges.

 

Like any business, we do make a charge for some of our extra services. When a customer doesn't have enough in their account to cover a payment, this always means additional work. We must either make the payment for you via an overdarft or send the payment request back. Either way, it has to happen speedily. We feel it's only fair to charge for the extra work involved.

 

Of course it is only fair, too, that we're completely open about any charged-for services before you take them up. That's why we take care to provide every new customer with the latest guide to our charges. You can also get up-to-date details about fees and borrowing rates at all our branches, via our ehlpline and on our website.

 

Just as importantly, we do everything we can to help our customers avoid charges altogether.

 

I'm sure you'll know how easy it is to keep a running check on how much is in your account. You're free to get an up-to-date balance at any of our cash machines, over the phone, online and nowadays even by text to your mobile.

 

If you know a payment is going to take you over the limit, you're welcome to see if we can raise your limit - and we can ususally give you an answer stratighaway. You might know, too, that we don't usually charge fees if it's the first day in 12 months that you've gone overdrawn without agreeing it with us beforehand. And we never charge an overdraft excess fee more than three times in any one month, however many times you go over your limit.

 

You've mentioned the new guidelines from the Office of Fair Trading on credit card default charges. We don't agree with the OFT's thinking on this and we're still talking it through with them. But the important point is that the guidelines only concern 'default' charges. The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard prices for the service we provide in these situations. So according to our legal experts, the OFT's guidelines on credit card default charges do not in any way apply.

 

I do hope you can see that we make our charging system as fair as possible - and why I cannot agree to cancel your charges.

 

This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complain to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. I have enclosed their leaflet that outlines how to contact them.

 

Thank you one again for taking the time to raise your concerns with us.

Yours sincerely

Richard Chant

Customer Service Officer

 

TODAY I AM SENDING THE LETTER BEFORE ACTION !

 

I would welcome your comments on the bank's views that OFT card default charges are not the same as charges made to bank account. As anyone else received this letter?

 

 

What's happened so far

Platinum Account Lloyds TSB Credit Card

 

Prelim letter sent 8 August

Statements & Charges received 13 September

Request for Repayment of Charges Letter sent 5 October (Claiming £310)

Following Letter received 13 October

Quote:

 

Dear xxxxx

 

Your account number XXXXXXXXXXXXX

 

I am sorry to hear that you are dissatisfied with our level of service. A Senior Card Officer will be investigating the matter although it may take a little time to gather all the information together.

 

We'll be writing to you within the next 10 working days and in the meantime I'm enclosing our 'How to voice your concerns' brochure outlining our complaints procedures.

 

Yours sincerely

Joyce Watret

Manager

Service Recovery

 

I then received the following letter dated 16 October

 

Quote

 

Dear XXXXXXXX

 

Account Number xxxxxxxxxxxxxx

 

Thank you for your recent letter about charges on your account.

 

Following the Office of Fair Trading's (OFT) statement of 5 April 2006, you believe certain charges we have made to your account (for example late payments/returned payments/exceeding your authorised credit limit) are unlawful and have asked for them to be refunded.

 

You'll know that most of our credit card services are completely free, and your card provides a convenient method of payment that can be used worldwide. We do however make a charge if you pay us late, or if we let you go over your agreed credit limit, or if we have to tell you that a payment into your account isn't met. All these matters cause us extra cost.

 

These charges are not hidden. You can find them on your monthly statements, on our website or by contacting our branch staff or telephone helpline. The minimum monthly payment and the payment date, and your credit limit, are also clearly shown on every stateent. So you should find it easy to stick to the legal terms and conditions you have agreed to.

 

We beleive our charging policy is fair. The OFT's statement is their view of the principles they think credit card issuers should follow. Ultimately, it is only a court that can decide whether a term is unfair in legal terms.

 

As you will know, the OFT recommeded that these charges be cut to £12 and we have made a commercial decision to do this with effect from 29 June 2006, even though we do not agree with the OFT's interpretation of the law.

 

The OFT made no recommedation ahout previous charges and we do not plan to make any alteration to charges we made in the past. As a result we are not in a position to offer you a refund.

 

I do hope you now understand why our charging policy is fair, and how you will be able to avoid these charges in future. A copy of our leaflet "How to voice your concerns" was enclosed with the acknowledgement letter we send on 13 October. There is no need to reply to this letter unless there is something else I can do for you. If I have not heard anything from you by 8 December I will close my file.

 

Yours sincerely

Vicky Roberts

Senior Concerns Officer

Card Concerns

 

25 October SENT LETTER BEFORE ACTION (Claiming £312 + £37.98 interest + £10 DPA fee)

 

Following letter received dated 1 November

 

Quote:

Dear XXXXXXXXX

 

Re Account number: xxxxxxxxxxxxx

 

Thank you for your letter of 25 October 2006, the contents of which have been duly noted.

 

I am afraid that the Bank's position has not changed in this matter and for the avoidance of doubt we refer you to the contents of our letter dated 16 October 2006.

 

Yours sincerely

Wendy Woodford

Senior Concerns Officer

Card Concerns

 

I apologise for this long long thread (hope you are still all awake). the next ones will be shorter.

 

I presume that I will have to wait the 14 days after sending my Letter before Action letter re my Classic account before starting my Court proceedings so that I can put both claims on the one application. I also don't know what to do next - where do I go now, what forms do I have to fill in and what do I say. Sorry about this but I'm beginning to panic a little having never been through the court system before. I may need some hand holding. Thanks for taking the time to read this thread and I look forward to receiving your comments and tips.

 

Bunnykins321 (Phew - I'm going to have a cup of tea now!)

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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The story so far is that I have a Lloyds TSB Classic bank account and a Platinum credit card and I am hopefully going to claim back charges on both these accounts. From reading the threads I understand that I will have to put them both on the one Court Claim Form as I am not allowed to submit two to the same company.

 

I'll come back to the rest in a minute, but firstly, who told you that? That is'nt true at all. You can have as many claims as you like against the same company at the same time, so long as they are all seperate contracts (ie, accounts). What you can't do, is break up one accounts charges into two seperate claims. People have sometimes done this if the value is over £5000, in order to keep in the small claims track. This could easily be seen as abusive of the system, and the bank would probably apply to get them lumped together.

 

Anyway, that is'nt the case for you. Your accounts are completely seperate with different Terms and conditions, so you're much better of keeping them apart and submitting two claims at the same time.

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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I would welcome your comments on the bank's views that OFT card default charges are not the same as charges made to bank account. As anyone else received this letter?

 

Take no notice, its a standard letter. The banks 'views' are not at all relevant and to a point nor are the OFT's really, although their findings have been useful. The crux of the issue is that a penalty charge imposed for a breach of contract is unlawful if it exceeds the actual cost of the breach - which is obviously the case for bank charges, whether Lloyds claim they are a 'service charge' or not.

 

I presume that I will have to wait the 14 days after sending my Letter before Action letter re my Classic account before starting my Court proceedings so that I can put both claims on the one application. I also don't know what to do next - where do I go now, what forms do I have to fill in and what do I say. Sorry about this but I'm beginning to panic a little having never been through the court system before. I may need some hand holding. Thanks for taking the time to read this thread and I look forward to receiving your comments and tips.

 

Bunnykins321 (Phew - I'm going to have a cup of tea now!)

 

As I said above, there is'nt any reason why you cannot keep the claims seperate, and in fact you would be advised to do so as the terms of each account are completely different.

 

Everything you need regarding filing a court claim is in the templates library. You can either file it online through the moneyclaim service or file in person/by post at your local court using an N1 claim form (recommended).

 

Your doing great so far - bit of perseverance and you'll soon get your money back. Keep us informed.

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 for your reply - I will look at the suggested information before attempting to fill in my court documents. Should I get the information I'm submitting checked before sending it off to the court system by a moderator - I'm worried about it being kicked out for some silly mistake or giving the bank amunition to fight their case.

 

Thanks

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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You can post your claim particulars up here before you file if you like, but to be honest so long as you follow the template theres not alot you can do wrong. If you go the N1 route you need to fill out and print 3 copies of the N1, print 3 copies of your particulars on a seperate page (too large to fit the form) and print of 3 copies of your schedule of charges. Take the 3 sets to the court with the relevant fee and they will issue it for you and send a copy back.

 

If you'd rather do it online, make sure you use the moneyclaim particulars template. Also, its important to send a copy of your schedule to the Moneyclaim bulk court (Northampton) by post. If you decide to file it online let me know, I've got a covering letter you can send.

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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I've just realised that I have sent my LBA letters off to all my credit card companies enclosing the statement of charges but calculating the interest at 8% only (which I should only have used for my bank accounts) so they are all incorrect. I also didn't add on the £6.75 letter and £1.00 postage charges. I am now at the stage for going to court on line and I dont know what to do. Should I write to the companies concerned with new revised interest charges?

 

Dumb I know - but please can someone advise.

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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  • 4 weeks later...

Today received Notice of Transer of Proceedings from Northampton County Court to my local Court. Also advised that Lloyds have filed the following defence:

 

3. Defence

1. The Defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank at all material times.

2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing;

? cheques

? bank statements

? the facility to make payments by direct debit and standing order

?debit cards

?ATMs (cash machines)

3. By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoide most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be make from the Bank's own funds. If the Bankmakes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On payge 1 of the leaflet, the Bank explains that there are normally no charges for everyday banking at Lloyds TSB when your account is in credit.

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply.

If you want to use a service that we havent listed, we'll tell you the cost of that service before you give us the go-ahead.

4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be pre-estimate of the Bank's loss.

5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month's statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the Bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

6. The charges are fair and reasonable, and it is denied that they are unlawful.

7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by the customer for a service provided by the Bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.

8. In the premises:

8.1 the charges are for banking services, and are not damages nor a penalty;

8.2 the Bank is enititled by contract to impose the charges, which are fair and reasonable;

8.3 It is denied that the charges are unlawful or contravene any statute or regulation.

9. The Claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank.

 

(Is this a standard defence that everyone else at my stage has received?? Please let me know?) Section 5 Signed states

 

The defendant believes that the facts stated in this form are true. I am duly authorised by the defendant to sing this statement. Sean Copping of the Defendant Bank. Address given as: Sechiari Clark and Mitchell

Department SO, PO Box 499, 1-5 Queens Road Quadrant, Brighton, East Sussex. BN1 3XJ

 

The have enclosed an Allocation Questionnaire with I have to return to my local court by the 24 December and I obviously want to get it back to them accurately filled in and on time. It will cost me another £100 at and this time of thats a lot of money - needless to say the kids wont be getting a great deal this year but may have some treats soon if all goes well.

 

Please can I have guidance of how I should fill in the form below:

 

A Settlement

 

Do you wish any further action in this claim to be postposed for one month so that you and the other party can attempt to settle the claim either by informal discussion or by alterntive dispute resulution?

 

Tick Yes or No box

 

B Location of hearing (I can fill this one in)

 

The claim will be heard in the court to which this form must be returned. Is there any reason why it should be transferred to another court to be heard? YES or No (Answer NO)

 

C Track

 

Do you agree that the small claims track is the most suitable track for this claim Yes or No (Answer YES)

 

D Witnesses

So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing?

There is a box for a number (Could I take my partner with me - do you think that I could him down as one - I really need someone to hold my hand)?

 

E Experts

Do you want permission to use an expert's report at the hearing? (see notes) YES or NO

 

If Yes, what will the expert's evidence deal with?

(Box for information provided) Are there any reports that I should include?

 

Have you already obtained an expert's report? YES or NO

 

If Yes, have you given a copy of that report to the other party? YES/NO

 

In addition to using an expert's report do you want your expert to attend the hearing and give evidence? YES or NO?

 

If Yes, give the reasons why you think their attendance is necessary:

(Box space for answer) I have an Accountant friend would it be a good idea for him to attend to explain the bank charges etc???)

 

The court may order the appointment of a single expert who can be instructed by both parties. If you think this would not be appropriate, please say why.

 

(Blank Box again for answer - how should I reply?)

 

F Hearing (Can answer this one)

 

Are there any days within the next four months when you, an expert or a witness will not be alble to attend court for the hearing? YES/NO

 

G Other information

 

In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party.

 

(Big blank box!!!!) What should I put here help!!! What information should I be submitting and also what documents do I have to attach at this stage when I return the qunesionnaire?

 

H Fee

Have you attached the fee for filing this allocation questionnaire? YES?NO - Can answer this one

 

 

I Signature (Done that one)

 

I need to get this one right because a lot of my life is depending on my success so I would be glad of any guidance on filling it in. Also do I have to send any copies to the Defendants Solicitors?

 

Sorry its so long but I just need help.

 

The EDIT are really trying to wear us down now with their nasty tricks - last week they added their interest charges without any prior notice and consequently then bounced all my direct debits which cost us another £100 + in charges! They were so non-plussed and very unhelpful when I contacted them and complained - they obviously are making life as difficult as possible at the moment.

 

Worried Sick Bunnykins

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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dear bunykins

 

this is exactly the same as I have had delivered today. Found how to fill it in on the example pages. Mine claim is under 1500 so i have not had to send the £100.00 fee, checked with Court first of course.

 

Regards

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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

 

Thanks for your advice. I've looked at the link for filling in the questionnaire Form N149. I am only claiming back approximately £500 so I will not have to pay the £100 thank goodness.

 

The only bit I am not sure about now is Section G on the form. What exact wording should I put in the box from the information given on this site. Sorry but I'm not very good with words or forms so its a miracle that I've even got this far. Have I got to include the wording also about the case not lasting more than one hour and also should I attach another copy of my charges sheet that I sent to the court with my Moneyonline application?

 

Do I have to send a copy of the Allocation questionnaire to Lloyds Solicitors [problem] - there was no mention on this on the AQ site.

 

Please can someone advise me on what wording they used for Section G and which documents they attached etc.

 

Many thanks

 

Still Confused Bunnykins

 

 

PS Please can anyone advise me on how to donate to this site because I owe them money and thought I ought to start paying some even it is in stage payments.

 

Quote:

Section G - Other Information

In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party.

Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you might have attached. Bear in mind however that at this stage you need not attach all other documents which you wish the court to consider at the hearing. This is something you will later be asked to provide.

 

You should state here that you believe the case will last no longer than 1 hour.

 

You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the other side should provide evidence of their costs! You could include similar text to this....

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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Put this in section G as per the template -

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

I estimate that the hearing should last no longer than one hour

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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As to your other questions -

should I attach another copy of my charges sheet that I sent to the court with my Moneyonline application?

No need really, but you can if you wish

Do I have to send a copy of the Allocation questionnaire to Lloyds Solicitors [problem] - there was no mention on this on the AQ site.

You don't have to, but it is recommended to out of courtesy

Please can someone advise me on what wording they used for Section G and which documents they attached etc.

See above

PS Please can anyone advise me on how to donate to this site because I owe them money and thought I ought to start paying some even it is in stage payments.

Donate by clicking the grey bar at the top of the screen just above and to the left of the green 'moneysavingexpert' logo.

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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  • 2 months later...

Hi

 

The hearing of my claim will take place on 27 February and I need to get my documents that I intend to rely on at the hearing together no later than 14 days before the hearing.

 

I've looked in the Library and on the site but I'm still not sure exactly what I have to put together and how it all should be worded. The claim against the bank is for a credit card and I have followed all the proceedings so far to the letter. I dont want to get things wrong now and have them win just because I didnt submit all the correct documents.

 

Please can someone send me details of their complete court documents bundle so that I can print them off. Should I also send a covering letter with the bundle?

 

I noted that in the library it suggested that I should include the cd of Peter McNamara's interview but this seems to be not available at the moment. Does anyone have a copy and is this important evidence?

 

I have managed to get so far and now I am feeling a little out of my depth - so any help and support would be greatly appreciated.

 

Thanks

 

Worried Bunnykins

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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The template in the library should help. Just use that, download the OFT statement and HOC early day motion from the links in that. Add your statements and schedule of charges. Add the transcript of the peter mcnamara interview (available in the soundbites section- the audio file is missing but the transcript is enough)

 

If your still stuck PM me your e-mail address and I'll mail over the bundle I submitted. You'll just need to add your statements, schedule and download the OFT statement and HOC motion to add to it.

 

Also make sure you have a nice stock of printer ink. My submission was 72 pages long and having to print that in triplicate has all but finished off my black ink

  • Haha 1

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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Thanks for your help Dave the bundle is really helpful. I'm going to get printing this weekend so hopefully I can start delivery on Monday. Kerry what stage are you at? I'll let you know how I get on and let you have the documents if this is ok with Dave.

 

Keep smiling

 

Bunnykins

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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No problem with you passing it on. It is basically the bundle available on the site here with a couple of changes and the Peter McNamara interview added so feel free to pass it on.

 

Sounds like Kerry's at a similar stage to me but her court date is a month nearer than mine. I've got a very long wait unless lloyds decide to save themselves £10 and settle now rather than at the court date when more interest adds on

 

Glad it helped you Stephanie :)

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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hi there i have recieved my preliminary hearing for 16th april but all the documents need to be sent by the 2nd. i thought id get a head start and get the bundle together but when i read i just thought i dont understand any of this and what does it have to do with claiming charges back. i really need to understand what its saying as i dont want to look stupid in front of a judge.

with regards as to what to put in bundle i was going to put in my letters and schedules oive sent and all the replys ive had. also the mcnamara interview also the oft statement and the houses of parliment statement as i understand those. as for examples of all other cases i dont understand them so i was going to leve it out. do you think thats ok??

any more ideas please feel free to tell me. cheers kerry and good luck in your cases

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Hi

 

Re Claiming back charges from my Lloyds Credit Card

 

My Court Hearing date is 27 February and I sent off my court bundle on Monday (special delivery) to Lloyds solicitors and sent a copy to the court. I had to submit my court bundle 14 days before the hearing date so I presume that the bank's solicitors should have sent their papers to me.

 

To date I have not received any documents from the bank's solicitors. What usually happens next? How long should I wait to write a letter to the court to inform them that I have not received papers from Lloyds solicitors? Has anyone sent a similar letter that they could let me have. Also should I contact/write to the bank's solicitors? How long should I wait before taking any action because time is running out!!! Can anyone out there give my guidance or is anyone at a similar point in proceedings.

 

A very Confused & worried

Bunnykins

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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Share on other sites

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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I had the same reply re letter of 28th from Lloyds TSB. I have spoken to someone before the letter arrived from my sons local branch. He told me that because of all the media publicity Lloyds have set up a special department just dealing with Bank Charge Claims. My letter came from Andover. Anyway, I will just carry on with the next step. They probably send this letter to stop people from claiming.

Good luck with yours anyway.

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  • 1 month later...

Bunnykins how did this go? Your court date was last month wasn't it?

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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