Barcaboy V lloydsTSB

[adarling2006]

in fact after reading the whole case, this has to do with interest applied to cheques, it seems barcley's are clutching at straws here, how can they apply this same ruling to their Unlawful bank charges and which they also applied interest to said charges unlawfully gained. IMO i'd go to court and say that to the judge and leave the burden of proof at barcleys door to prove their charges are fair and lawful.

[lucid]

Lucid,

Thanks for your reply,

The overdraft interest i refer to is only what they sent me when i asked for all charges etc.

So the overdraft interest is only for going over my limit etc,

When i requested All charges over the last 6 years this is what i received. not statements but all charges and this was on there list,

Overdraft Excess Fee and interest,

 

Barcaboy

 

Hi Barcaboy,

 

It sounds as though you have included every single bit of interest they have ever charged you -this is wrong. If you didn't get full statments then you wouldn't have been able to work out the portions of overdraft interest thast exist because of their charges as you need to know your account balance for that.

 

Have they offered to pay you the full amount of charges without overdraft interest? If so and the £1000 they haven't included is all overdraft interest then it would probably be wise to accept the offer. If you don't have your statements there is no way you can work out how much of that itnerest is reclaimable and you've only got until Friday. Plus youd have to amend your claim which would cost you a non-refundable £35, but again it's probably too late for that now.

 

I'm not 100% sure, but I don't think there's anything else you can do as you can't ask for them to repay all of the overdraft interest that they have ever taken.

 

Lucid

[barcaboy]

Is it right that i cannot claim Account charge and overdraft interest as it is all part of day to day running of bank,

 

Barcaboy

[BARTY]

Hi

You can't claim the monthly account charges. You can claim some parts of the o/d interest but not all, it's complicated to work out so most people don't bother claiming it.

Good luck!

Barty:)

[barcaboy]

Hi,

I sent the prelim letter without response,

So now gonna send LBA letter,

Do i include with this the 8% interest on the spreadsheet this time.

 

Brian

[BARTY]

Hi Brian

Don't include the 8% until you file the Court claim.

Good luck!

Barty:)

[barcaboy]

Hi,

I am just filling out claim form,

where can i print off a court claim form and Do i send POC as attached document to POC and state so on form,

Also do i send the Schedules 1&2 that are with the LloydsTSB POC.

 

Many Thanks,

 

Sean

[Michael Browne]

N1 here:

N1 Claims form in .PDF format with form filling

N1 Claims form in .PDF format with form filling

 

 

Do i send POC as attached document to POC and state so on form,

Yes, just put 'See attached for Particulars of Claim'

 

Also do i send the Schedules 1&2 that are with the Lloyds TSB POC.

 

Yes, only any T&C's that date from since you opened the a/c

 

Schedule 2 is your schedule of charges and must be included

[barcaboy]

HI

Just received letter from SC&M

They are going for a stay in my local Salisbury County Court.

1)A letter from court says it is ordered that The Claim be stayed forwith pending the final determination of the OFT test case

2) Permission to apply to lift the stay or set aside or vary this order within 28 days

Can anyone advise me on appealing against this Stay as it says a Suppoerted statement setting out why this claim should proceed before OFT case

 

Sean

[saintly_1]

With the OFT case so near to starting I very much doubt that any Judge would lift the stay on any other grounds than Hardship. Unless you can argue very strong hardship reasons for the stay to be lifted i.e. the account purely for benefits from which charges are still being taken then the chances of success are prety slim.

 

Have a look at the stickies in this forum http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

[barcaboy]

Hi all,

I have requested Lloyds pay me back my PPI premiums plus 8% interest on 3 seperate loans.

They agreed to 2

But the 3rd are saying because I started this one in 1999, Its over the 6 yr period,

Although I finished paying it in 2004 which is within the 6yr period,

Should I hand over to FOS

 

Sean

[cokezero]

Hi all,

I have requested Lloyds pay me back my PPI premiums plus 8% interest on 3 seperate loans.

They agreed to 2

But the 3rd are saying because I started this one in 1999, Its over the 6 yr period,

Although I finished paying it in 2004 which is within the 6yr period,

Should I hand over to FOS

 

Sean

 

 

I am sure there is a thread on this and it may be that the 6 years start from when you knew about the issue. I hope I dont confuse the issue but rather gives you something to look for in relation to your question. Also the 6 years may not apply if the issue is over a mistake or concealment.

 

Cheers

[ukaviator]

That's right. The clock starts from the time you became aware of the problem. Also in any correspondance and this, you should refer to S.32 of the Limitation's Act 1980. This section here is what you should refer to:

 

32.--

• (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
  • (a) the action is based upon the fraud of the defendant; or
    
  • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    
  • © the action is for relief from the consequences of a mistake;

  [*]the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

  [*](2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . .

Hope this makes it clearer for you. . .

 

Uk

[alanfromderby]

To be honest you can get them most ways on the limitation issue as there are arguments over concealment and fraud as well. For more information have a look in the stickies.

 

The only problem is that the FSA may not deal with a claim that is outside the time limit as they have different rules. If they do turn it down, you can of course go through the court instead.

[barcaboy]

Hi All again,

 

I have 2 Lloyds loans and both have the dreaded PPI on them although unaware I had this.

Is it possible for me to cancel these PPI's and reclaim what I have paid,

 

Sean

[barcaboy]

Hi,

 

A few years ago I received a settlement for unlawful bank charges from Lloyds TSB, But I have been reading on here that On those unlawful bank charges the bank would of applied interest and put me further overdrawn, Is it still possible to claim back this ?

 

Thanks

[BankFodder]

Probably not any more. You should have gone for that interest then