Omg!!! It's In My Account **i Won**

[Katel30uk]

Hello all! This is my first post on this great site so please be gentle with me.

 

I have just prepared the initial letter to send to Lloyds using the template on here. I have bank statements going back to November 2001 but none prior to this. The charges that I have documentation for total £3460. I have included returned direct debit and standing order charges and overdraft excess fees (also one overdraft usage fee from a couple of years ago. I have NOT included any overdraft interest charges. I also have charges on my account which are listed as account charges (seem to occur monthly) which started off at £4.00 per month in 2001 and are now being charged at £7.00 per month. Can anyone tell me if I am able to claim these or not (they are litsed as FEE rather than charges on my statements.

 

Also my husband thinks we shouldn't delay any longer and should just start the process now without getting the statments we are missing? Is it possible to do this or should we have a full 6 years worth? I am inclined to get my hands on the other statements and was wondering if anyone knows if I go into a branch will they print copies of these off for me there and then rather than having to wait for them to come in the post?

 

We also have another £235 of charges due to be deducted from our account on 2 September, would we be better off waiting until these are applied and then starting the whole process?

 

Finally(!) we also have a Lloyds TSB loan which was refinanced by them a couple of years ago in order that we could pay off our overdraft and reduce the monthly payments on the loan. Until the balance of this loan is paid off (approx £2500 at present being paid at £103 per month) we are allowed no overdraft or other borrowing on the account. Does anyone know if this could be in any way affected by us claiming charges?

 

Lots of questions I know, but I'm hoping some kind soul can help me as no matter how much I read on this subject I still remain rather bemused!

[Michael Browne]

1. The £4/£7 is almost certainly an account fee,therefore a 'service' and can't be claimed.

 

2. The missing statements, unless you think there were a lot of charges then, it may not be worth the hassle. Worth a try at the branch, even if they charge you for them, they will probably come quicker than a Data Protection Act request, which will cost you £10 anyway.

 

3. You can start the claim now and add new charges at any time up to moneyclaim.

 

4. Your loan will be covered by a separate agreement and won't be affected by your claim, other than the fact that you would be able to pay it off and have money to spare after the bank settles.

[Katel30uk]

Thank you so much for clarifying those points for me.

 

I think I'll pop in to the branch on Monday and see what can be done about the missing statements and if it is going to be loads of hassle then I'll just send off the claim as it stands.

 

Was I right in thinking that I can claim for the overdraft excess fees (and the one overdraft usage fee)?

 

[Michael Browne]

Overdraft excess fees - yes. Not 100% sure about usage fee, I think this is probably a fee for setting up an overdraft facility, so not claimable.

[Katel30uk]

Thank you Michael for your help and advice, much appreciated.

 

Well the first letter was fired off to them today along with a schedule of all the charges so the clock is now ticking!

 

I'll keep you updated.

[Katel30uk]

Hello All

 

Well I've received my first response from LTSB today, pretty standard really. Having read Reload's inspirational thread it seems to be along the same lines as the response he got to his preliminary letter:

 

"Dear Katel

 

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 (yeah right!).

 

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

 

Sylvia Smith

Customer Service Officer

 

"

 

So I guess I can expect their next letter telling me to go forth and multiply within the next day or two?!

 

Do I now wait until 14 days after I posted the preliminary letter or 14 days since they received it before sending my LBA?

 

Thanks

[Katel30uk]

Hi, I forgot to ask, does anyone know of any instances whereby LTSB have actually come back after this first response and said Yes, they will refund the charges? I can dream, LOL!

[Jim Goulding]

Hi there, Just to let you know I received an identical letter from Mrs Daphne Tipper when I sent off a copy of the DATA PROTECTION REQUEST to Customer Services as well as to DSAR, C49, Charlton Place, Andover, Hants., SP10 1RE on the 10th August.

Jim.

[Katel30uk]

Hi Jim

 

Is the data Protection Request the one where you ask for copies of your statements? If so, I didn't do this because I had my original statements and just took the info from there. The letter I sent was the preliminary approach one.

 

Good luck with you claim, it'll be interesting to see how our cases compare being in the same time frame...

 

K x

[Jim Goulding]

Yes the DATA Protection Request I sent was the template from the site asking for all notes and information about charges LTSB have made.

Good luck too. I'll post here and let you know as soon as anything happens.

Jim.

[kotum45]

Katel 30, good luck with your claim...

I have just read your thread and I just wanted to warn you about a few things.These are just suggestions, you don't have to follow.

 

On this there is a section called step by step guide which I am sure you have read.. If not please read that section. You will find a lot of helpful info.

Also it is always extremely useful to ask for Data Protection Act Request. This is not only for statements but also to see if there has been any manual intervention on your account. Also it will show them you know what you are doing...

It is entirely up to you how you decide to pursue this.. It is not too late, you can still go back and ask for DPAR.

 

Also, don't include overdraft usage fee in your claim... It is a service...

Good luck, I hope it gets settled soon.

[Katel30uk]

Hi Kotum45

 

Thanks for the advice, it is all gratefully received.

 

I have read the step by step guide and found it very useful. I didn't however, realise about the implications you stated of applying for the data Protection Act Request. I was actually thinking about sending off for this anyway as my statements only go back to November 2001 and I want to claim back to 2000. i will definitely do this now. Thank you.

 

Also I haven't included the overdraft usage fees in the claim just the overdraft excess fees as well as unpaid direct debits and standing orders, which I beliueve is correct?

 

Thanks again for the advice, there is so much information it is difficult to know where to start sometimes. LOL

 

Katel

[Katel30uk]

Well it's now 4 days since I received my first response from Lloyds saying they would investigate my complaint etc. I still haven't had a follow up letter telling me to bugger off. Is this normal as other people seem to have had a response really quickly,i.e. within a day or two???

 

Also meant to add it will be 14 days on Monday since I sent off my first letter, do I send the LBA on Monday or Wednesday (as this was the day they received the initial letter). Also, if I still haven't had a follow up letter by then do I still send the LBA (I'm guessing the answer is yes but thought I'd check).

 

Thanks K x

[Katel30uk]

It is now 14 days since LTSB received my preliminary approach for payment letter. I had a standard reply last Tuesday saying they would look into my complaint. Since then I've heard nothing (and it would seem most people are getting a letter within a day or two telling them to bugger off!). Do I now just go ahead and send the Letter Before Action when I've still not had a reply from them???? :?

[Katel30uk]

It is now 14 days since LTSB received my preliminary approach for payment letter. I had a standard reply last Tuesday saying they would look into my complaint. Since then I've heard nothing (and it would seem most people are getting a letter within a day or two telling them to bugger off!). Do I now just go ahead and send the Letter Before Action when I've still not had a reply from them????

[DCG]

they have had 14 day then send lba

[Katel30uk]

Thanks, that's what I thought. I'll print it off and get it in the post.

 

Cheers

[paulpb123]

YES, send the LBA - that's what you said you'd do in your prelim so stick to your timetable. Best,

Paul

[Michael Browne]

Yes, send the LBA.

[Katel30uk]

Thanks Michael, the letter is now printed and will be winging it's way to LTSB tomorrow morning (recorded delivery of course!)

 

Is it usual for them to not get back to you before the 14 days is up? Most other cases I have read up on seem to have a response very quickly after the initial "we are investigating your complaint" letter?

[Michael Browne]

Sometimes, sometimes not. Hopefully they're snowed under.

[Katel30uk]

Sometimes, sometimes not. Hopefully they're snowed under.

 

 

I did wonder!

[Katel30uk]

Can someone verify this for me please...

 

I sent my LBA off last Wednesday(even thought I still haven't had a reply other than "we're investigating your complaint" from LTSB) and I'm now counting down the day until I can file my Moneyclaim on-line. I've read all the info but just wanted to double check that it is at this point I can add on the 8%APR. I've used the spreadsheet on this forum and it has calculated that the interest on my claim of £3670 (dating from 19 Nov 01) is £631.26 making my total claim £4301.26. Does this sound right and am I right in adding on the 8% APR when I get to the Moneyclaim stage.

 

Thanks

[katesage]

Spot On Katel!

 

The 8% is only added when your case moves to court stage of proceedings.

If you've sent your LBA and theyve written back saying they are looking into it then this is just another delaying tactic and is effectively a negative response to your request for an answer in 14 days. Push ahead to court stage and stick to your timetable.

 

loads of luck

[Katel30uk]

Thanks Kate.

 

They replied within a week to my prelim letter saying they were looking into my complaint but since then I've heard nada! I sent off the LBA last Wednesday after the 14 days and still nothing.

 

As soon as the latest 14 day period is up I'm straight on to Moneyclaim.