Robinson79 v Lloyds TSB ~ Court Claim!!

[robinson79]

Hello all,

just wondering if Lloyds have taken your £10 for the SAR?

My cheque hasn't been cashed so far, but i was just reading on MSE that they can't charge for statements?

Just wanted to ask you guys, incase they decide to take it at a later date...leading me to incur a charge!!

x

[Dappa44]

yes, they cashed mine.

[bearo]

you are not paying for statements, you are requesting a subject access request under the data protection act, not specifially statements but if they so wish to send the info via statements that is fine for you as that is all you need to add up your charges.

[robinson79]

Hello again!!

 

I posted my first letter to lloyds last week (16th October) asking for my charges to be refunded...today i have received a letter from them:

 

Dear Mr Robinson,

 

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 a ble to respond in full to your complaint, and at that stage, i hope, to resolve matters between us.

 

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

 

Yours sincerely,

 

Sian Scrase

Customer service officer

 

I thought they would send a letter telling me to sod off ?!

Also, i gave them 14 days from the 16th. Does this mean i can send my 'letter before action' on the 31st? They have asked me to give them 2 weeks!!

 

Thanks in advance

x

[rivendale0506]

Its just a template letter - stick to your timetable would be my advice..

 

Riv

[robinson79]

ok thanks a lot for the advice...;-)

think i'm gonna have to start my own thread rather than just asking questions.

x

[robinson79]

Hi All!

 

I began a court claim yesterday against Lloyds TSB...they failed to respond to my LBA sent October 31st....however i didn't do the next step and tell them i was going to begin a court claim.... Following the step-by-step guide on MSE.com, they say you can miss this out and just begin your court claim... Have i done wrong?

Also i there didn't seem to be anywhere to put my account number on the claim form...will they be able to identify me??

 

thank you for any advice!!

Xx

[BARTY]

Hi

Did you file your claim online? You should put your account number on the "Particulars of claim" part.

Good luck!

Barty

[robinson79]

thanks for the reply!

i've got a bad feeling i've done this wrong.......

i copied and pasted the 'particulars of claim' from MSE, and added all the relevant bits, but there was no mention of adding account number......

also, there was barely room to fit in all in the space provided anyway.

 

would be great to get a fool-proof detailed step-by-step guide to doing all this!! the ones on here and MSE are rather vague....or maybe i'm just thick!!!

 

anyway, did i also have to send anything else with my court claim, such as a list of all my charges? etc etc...again i'm in the dark on this one.

 

i just hope my £80 court fee hasn't gone up in smoke, and that i'm not going to be worse off than when i started!

 

any advice much appreciated

Xx

 

PS. here's the particulars of my claim copied and pasted from moneyclaim...no ideas why the question marks appeared?!

 

1. Between the dates of 20/9/2000 and

9/11/2006 the Defendant applied numerous

default charges to the Claimant?s bank

account. 2. The charges applied constitute

an unfair penalty under the Unfair Terms in

Consumer Contracts Regulations, which

state: 'A term is unfair if it requires any

consumer who fails his obligation to pay a

disproportionately high sum in

compensation'. The amount charged does not

reflect the cost of the breach. 3. Under

the law of penalties, the charges are an

unlawful ?extravagant? penalty. 4. Under

the County Courts Act 1984, the claimant is

entitled to interest at a rate of 8% per

annum from the date they were first

deprived of the money to the date of this

claim. This amounts to a sum of £98.39,

continuing to accrue at the statutory daily

rate of 0.021% until judgment or earlier

payment. 5. The Claimant therefore asks the

court to enter judgment in their favour for

the sum of £415+interest, amounting to a

total of £512.23.

[robinson79]

*Bump*

Please help me guys....

i really think i've done this wrong. do i need to amend my claim and include a schedule of charges?? *sob sob*

thanks

X

[GaryH]

Send 2 copies of your schedule of charges to MCOL as soon as possible, with your name, claim number and account number clearly marked at the top. Heres a cover letter -

(YOUR ADDRESS)

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

(DATE)

Dear Sir/Madam

(YOU) –v- (BANK)

Claim No: ********

I have today requested the issue of a County Court claim via the Moneyclaim online service, details as above.

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges, 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 with the particulars of my claim.

Yours Faithfully

(YOU)

[robinson79]

thanks so much GaryH!!

will get those in the post first thing tomorrow....hope it's not too late!

x

[GaryH]

Should be fine. Have Lloyds solicitors acknowledged your claim yet by the way? What date was it filed?

[robinson79]

thanks for the reply. filed it on the 28th, letter i received from the court says 'it will be deemed to be served on the 3rd December (ie sunday)..the defendant has until the 17th december to reply'

uh-oh....posted the stuff off today, so hopefully they will receive it tomorrow or tuesday. they hadn't acknowledged the claim so far....

 

basically, am i screwed?

X

[GaryH]

No, you'll be fine. When the claim is acknowledged you could send another copy of your schedule to the banks solicitors, just to cover yourself further.

[wobla]

My own court date is rapidly approaching. If I don't receive a satisfactory settlement offer before that date, the case is heard in court, and I win by default (ie. LTSB don't show up) - do I rejoice or is it a hollow victory??

 

wobla

[robinson79]

Hello all,

Lloyds acknowledged my court claim on December 7th, and i was waiting for them to submit a defence...then 2 days ago (19th), i received a letter dated December 13th saying

'on this occasion, we are prepared to repay you £385.....this sum will be credited to your account in the next few days'

This was paid into my account today...i didn't have time to respond to the letter...

 

Yay i've got some money back but my claim was for £512.23 + court fee of £80.

Can anyone advise me on getting the rest (£207.23)?.... I want it ALL!

 

I can't believe they didn't give me the chance to say 'no, i want the full amount.....'

[sweetpants]

I would write to them straight away telling them that as your claim was for £512.23 + and as they have not repayed that amount then you are still going ahead with the court claim.

 

S.P

[sweetpants]

Take a look at this

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

S.P

[robinson79]

ok thanks;) , will do. It's going to take a while for te reply to come through.

The 28 days are up on 4th January. Does that mean if they don't submit a defence i automatically win the rest of the money back? or do i need to start a new claim for the rest?

X

[robinson79]

hey guys, back again,

i'm going to write to them on the 2nd, my next day off, when i have a chance to go and print the letter and post it. any ideas what to write?

i was thinking of giving them 14 day to repay the rest of the money and start a new claim. sound about right? the 28 days or them to submit a defence is up on the 4th, but i can't see them doing this as they've already repaid some of the money. so confused.

many thanks.

[lucid]

If I were you I'd use and adapt the template letter Sweetpants has linked above. I wouldn't give them any extra time either, I woud personally proceed with the claim. If you get the letter posted on the 2nd it will reach them in time. Remember that at every stage of the claim so far you have informed them of the total amount of money you want them to repay and have always let them know that you will proceed with court action. You haven't signed anything to accept the money they have credited to your account.

 

You can either accept the money as partial settlement, or (I think most people seem to follow this route) you can reject what they have credited into your account and let them know that you will only accept an offer of the full amount - obviously if you do this then you can't touch the money they've credited.

 

Good luck and stick to your original schedule. Lucid

[robinson79]

hello all,

so confused ....

my court claim against LloydsTSB (£512.93 inc £80 court fee) was acknowledged on the 7th of december. On the 19th, i received a letter from Lloyds dated the 13th, saying 'On this occasion we are prepared to repay you £385'...this was paid into my account 2 days later, without me agreeing to it (i didn't get a chance to say no, as i will only accept the full amount)...

 

Anyway, I was about to write back, when today a letter came from the court. Lloyds have submitted a defence....

 

I didn't know they could do that when they've already kind of admitted they're in the wrong by repaying some of the money ..

 

any ideas what to do now?

many thanks

x

[barracad]

8 threads merged - please stick to one thread

I very much doubt Lloyds have "admitted they're in the wrong" - if they have then I would like to see evidence of this.

 

It is perfectly normal for them to submit a defence. I suggest you read through the FAQs thoroughly and also spend some time reading other threads on the forum.

[robinson79]

thanks for the reply.......

i would have thought paying me back 2/3 of my money was admitting they were in the wrong.....

anyway, a quick question, as i can't find the answer to this, and haven't got time to search for it....

 

do i just fill in the N149 allocation questionnaire as normal (following the guide in the templates library) or does the fact that i have received some money back affect how i fill it in?

 

many thanks

x