Gordon v Lloyds TSB (Scotland) **WON**

[Gordon7854]

I've been with Lloyds TSB for about ten years, right through student days and into working life.

 

I know over that time I've often had charges for going overdrawn and for unpaid DDs (often one charge causing the other).

 

I've now written to Lloyds TSB requesting details of all charges for the past five years.

 

I'll keep you posted on how it goes.

 

My branch is in Scotland, as is my home address.

[BARTY]

Good luck Gordon!

Barty:)

[Gordon7854]

They sent a reply on 9 December requesting a £10 cheque from me.

 

I knew I should have included that but had overlooked it.

 

Sent it on the 10th - it still hasn't been cashed and not heard any more from them.

[upton11]

Hi Gordon

 

Forgive me if you have already seen me say this, but do print off the 'step by step' instructions. I have found them really useful and very informative, just tick the stages off as you go along. That way you will feel empowered and know what to expect.

 

Good luck with your claim

 

Regards

 

Paula

[Gordon7854]

The copy statements arrived this morning.

 

The total charges are £215.

 

I've calculated interest on them totalling £28.15

 

So a letter's going off asking for repayment of £243.15.

 

 

This has whetted my appetite.

 

I'm sending letters to my other bank account and two credit cards seeking lists of charges from them too.

[Gordon7854]

The letter I sent was the Govan Law Centre recommended one.

 

I've now had the reply telling me charges cannot be refunded.

 

So, on to the next step.

[Gordon7854]

They've had two weeks and I've had no response to my letter before action.

 

I'll be filing court papers on Monday.

[nevos]

Hi, I gave RBS not TSB a few extra days after the LBA 14 days ran out and they settled in full.

[Gordon7854]

I have the forms printed off, if I've heard nothing by Friday then it'll be lodged at Linlithgow Sheriff Court

[Gordon7854]

As I had heard nothing by this morning, I today went to Linlithgow Sheriff Court, lodging a small claim for the repayment of £215 plus interest at 8% and expenses.

[nevos]

Nice one: You have given them time and they probably will settle as it is not worth them fighting it. Good luck Gordon!

[Janet-M]

I have moved your thread to the scotland forum , you should be better advised in here .

[Gordon7854]

Letter from the court arrived - return date is 22 March, hearing date is 29 March

[nevos]

Quick before the lovely Janet moves you to Scotland

 

You are limited to £750 in the small claim Sheriffs court. Why not make your claim in England via MCOL. Any wiser please step in here if I am wrong.

[Gordon7854]

Right, here's a strange one - it suggests internal communication at Lloyds TSB isn't what it might be.

 

The 14 days from my LBA was up on the 4th of Feb.

 

I'd had no response by Friday 9th Feb, so that day I filed my court papers.

 

Today, I received a letter from LTSB. It's dated 14 Feb - but is clearly a response to the LBA and makes no reference to the court action.

 

It says that "Generally we don't agree to adjust any of these charges, but I can tell you on this occasion we are prepared to pay £215.... the sum will be credited to your account in the next few days".

 

(Nothing has yet been credited).

 

Now - if they'd sent that letter to me before the court action I'd have said yes, that's fine.

 

However, I've now incurred the £39 small claims charge at the court and I want the interest as well, which would work out at about another £28.15.

 

So, do I a) call the court action off and just accept the £215 and write off my court fee

 

b) Write saying I accept the £215 but will continue the court action for the interest and the fee

 

c) Write rejecting the £215 (which is the full amount of the original claim) and continue pursuing the court action?

 

 

Incidentally, there has, as yet, been no acknowledgement of any sort from Lloyds TSB that they've had a court action served on them

[nevos]

Hi, I gave RBS not TSB a few extra days after the LBA 14 days ran out and they settled in full.

 

I mentioned this might happen Gordon, now it is up to you mate.

[Gordon7854]

I did give them a few days - the court claim was submitted five days after the 14 days were up - their reply wasn't dated until ten days after the 14 days were up - so 24 days from the LBA

[nevos]

You could accept the money as part payment and still claim your costs back because you have been very patient.

[Gordon7854]

That's what I'm thinking I will do.

 

As soon as the money hits the account, I'll transfer it elsewhere and I'll write saying I intend to continue the court action for recovery of the interest and the court costs.

[Gordon7854]

Just typed a letter now:

 

 

Thank you for your letter of 14 February 2007.

 

Your letter was dated five days after I lodged a small claim against Lloyds TSB at Linlithgow Sheriff Court over this case. I had written to you on 21 January indicating I would take court action if I did not receive a satisfactory response within 7 days. As neither you nor I have any wish to end up in litigation I waited a period of 19 days before submitting my court claim.

 

This claim was for the £215 in charges, with interest on that sum at the rate of 8% annually from the date of service for each charge (together with the expenses of bringing the action).

 

I accept the £215 you offered me in your letter, but as part-payment.

 

As neither of us wish this matter to go to court, and in the interests of avoiding that, particularly as you say in your letter “the amount you are asking for is less than the cost we might face in dealing with your complaint” I am hereby asking you to additionally repay my £39 in court fees and £28.15 in interest.

 

If you agree to this I will inform the court to withdraw my claim – otherwise I will have no option but to continue pursuing the case.

 

Yours sincerely

[nevos]

Nice one Gordon, hope your cash arrives first as you say.

[Gordon7854]

Posted the letter off today

 

Still no sign of the money into my account

[Gordon7854]

£215 paid into my account today (and swiftly moved elsewhere by me)

 

I await their response over interest and court fees

[Gordon7854]

Not heard anything yet, but I'm furious!

 

 

I'd move everything out of the account and switched all direct debits to another account in preparation for closing this one.

 

However, ebay debited £14 for their fees - as the card for this account was still registered with them.

 

Result - a fresh unauthorised overdraft and a new £30 charge being applied.

 

Aaaaaaaaaaaaaaaargh!

[debt_mountain]

Hd you been warned the amount was going to be taken on that date and for that amount? did they actually have your permission to tak ethe cash? may be worth a call to the bank if they didn't have your permission.

 

I did this and they cancelled the charges before they were actually taken and tey cancelled the direct debit too.