Darling 2 takes on the TSB**won**

[darling1]

Hello - I am making a claim on behalf of my husband - I have just filed my own claim against the Halifax at the court this week- so I have a little knowlege already

 

I am just sending off the pelim. letter to lloyds TSB and I need to know if I can claim the total amount of £9604.73 in one go. I know that when I get to the N1 form at the small claims stage I will have added interst that will bring the total to about £11000.00 which will mean 3 claims!!, but at this stage and the LBA stage can I go for the whole amount??? in one go? Please help, your advice would be appreciated:rolleyes:

[stan5131]

Yes. I would go for the one claim. If you file them separately, chances are that they will be bundled together by the courts anyway. The only way to avoid that would be to file them months apart. I have read many threads where people have successfully claimed over £5,000 in one claim. At the end of the day, they still have to disclose to defend.

[Pen]

Darling1,

I'm not sure, what I have done is sent 3 prelim letters to Lloyds one covering 2000-2002 2002-2004 and 2004-2006 so that we all know exactly what I am claiming for from the off. no mix up when getting to court, It seems a bit messy the way you want to do it but maybe your right, I know its a lot more hassle my way but I figured it was worth it to get my money back

Good luck with your claim

Pen

[stan5131]

There is every risk that these claims will be bundled together anyway. You are better to file all as one claim.

[GaryH]

There is every risk that these claims will be bundled together anyway. You are better to file all as one claim.

 

Not necessarily. If its three seperate contracts (in this case accounts) you are entitled to issue a claim for each. They could only apply to consolodate them if you split the total of 1 account and issued 3 claims, which is not really acceptable to the court anyway.

 

If its 3 different accounts, you'd be advised to file a claim for each to stay in the small claims track.

[darling1]

:-| thank you all -

Gary H......I am asking for £9600 + for just the one account at the lloyds TSB - doing this for my husband.

My other claim is in my name and for the Halifax, I am also about to do a claim for my son with the HSBC. It looks like a pretty bad family history, but we have a lot of kids (5) and have had a redundancy and an ex husband who refused to pay to us what was due in child maintenence, ets ets.........but we are just about out of the problems now and this money we are claiming would be absolutely fantastic to cushion us all for the future ..uni etc etc !

 

Question - If the court bundles all out claims for a total of £11000 (with the interest) how does this work in the small claims???

[stan5131]

No one feels any less of you because of the charges you have incurred. We are all in the same position. There are solicitors and doctors etc on this site who are claiming back thousands in bank charges. Hold your head up and fight for what was unlawfully taken from you.

[darling1]

Thankyou for those kind words, sometimes you feel like a bit of a failure for getting in this mess!..........nothing worse than telling someone about this great site and they say "but I've never had any bank charges" ! although some one at work said that , then looked and he had about 3 a year he hadn't really worried about, then realised he could reclaim £700! he has now started action too!! Against Lloyds TSB

[stan5131]

It is a very small percentage that never ever incur bank charges. Usually those rich enough to always have a couple of grand in the bank at all times. We are the majority, and not the minority. Life is sometimes a struggle for all of us and I have read on here stories about people whose wages were paid late, then incur £3/400 pound in bank charges, then cant pay their bills the following month because their salary was taken for the bank charges the previous month. And so the downward spiral begins. Its the banks who should be ashamed of themselves.

[GaryH]

Question - If the court bundles all out claims for a total of £11000 (with the interest) how does this work in the small claims???

 

Ok, in that case if its one account you'll have to file it as one claim.

 

Your claim will almost certainly not be allocated to the small claims track. The upper limit for small claims track cases is £5000. Anything between £5000 and £15000 will be allocated to the fast track.

 

The fast track, in my opinion, is nothing to fear - in fact it does have advantages. Here's the brief the pro's and con's;

 

£5000 is the top limit for small claims track claims. Anything over that would generally go into the fast track. With this comes a very small risk. In the small claims track there is a no costs rule. This means that the losing party is not liable the costs of the other side, so bringing an action in the small claims track is virtually risk-free. In the fast track, the no costs rule does not apply. So theoretically, if your case went to court and you lost, you may be liable to pay Lloyds solicitors and other legal costs (up to max £750).

 

In reality however, this risk - in my opinion - is very, very small. Minute even. A), the chances of your case getting to court are very low - of 1000's of claims so far not one has yet. B), even if you did go to court, the chances of losing are small (which is why the banks always pay up beforehand!), and C), even in the almost unthinkable event that you went to court and lost, it is still not likely at all that the judge would award costs against you to a £multi-billion organisation.

 

On the other hand, IMO the chances of your claim getting as far as court reduce from slim to very slim if its in the fast track. This is becouse an order of standard disclosure can be made as a matter of course. This means that Lloyds would have to reveal the true administrative costs of their charging system prior to the trial - which is obviously something that they really, really don't want to do!

 

Keep reading the threads and other information on the site to familiarise yourself with the process an you will get all your money back - Lloyds have paid every claim so far out of hundreds!

 

When it comes to filing your claim, it would be advisable to issue it directly to your local court using an N1 form.

 

Good luck and keep us informed - remember you'll get help and support every step of the way should you need it.

[Pen]

Darling1, I'm sorry I nearly choked with giggling at your comments, ( I was drinking a cup of tea at the time, Not a sensible thing to do over a computer I know) when I have told friends about this site and claiming my chargers they have all said the same thing, they don't get any chargers, They have never been in trouble with their bank etc, maybe it is just us on the site who get them hmmm

Pen

[therafalution]

As we all know it is so easy to get stung by thes corporate crooks, one missed dd and they are quids in as they then keep adding charges. How many of us have to work on really tight budgets and on charge ca totally screw that budget. Over the last 12 months I have been in and out of work and my tsb account naow has £700+ charges which i intend to get back, over the last 6 years they must owe me thousands. Tell them i'm coming!!!!!

[darling1]

thank you for these comments -I now have an answer to my pelim letter saying it is our fault that we have all these charges and we should try harder to avoid them!- so off goes the LBA!

[stan5131]

Dont give up and keep us posted.

[darling1]

:o I am now sending the LBA - I have decided that I will make 1 claim for the full amount (over 9K) as I have read all your advice and feel that if I split the claim into 3 as I will need to do when the interest is added it will go on all year (if it is done in a 3 claims months apart) or it will be bundled together as you have advised may happen, it will then be a bigger than small claims. So I am now worried sick - will the charges only be up to £750 if I go on the "fast track" ? No more?? And do I still use all the paperwork NI from the small claims pack that I have?

JUST TO SAY - YESTERDAY I WON AGAINST THE HALIFAX!!!! YEP! SO I AM FEELING ALTERNATELY OVER THE MOON - SMUG - DETERMINED AGAIST THE LTSB AND WORRIED ABOUT THE LTSB CLAIM!!! STILL HAPPY CHRISTMAS TO US! and to you all on this site!

[GaryH]

Hi again Darling1,

 

Yes filing 1 claim is the best option IMO.

 

When you say £750 "charges", I take it you mean costs, yes? If so then yes, costs could only be awarded against you up to a maximum of £750. As I said in my previous post though, the chances of this happening are virtually zero.

 

If you went to court (highly unlikely) and lost (even less likely), then the judge would decide whether to award costs against you. Again, unlikely.

 

Remember that of hundreds of cases, Lloyds have not defended a single one in court yet, and there are no signs that this is going to change. Their strategy is just to make it as difficult for claimants as possible before paying up, thats all.

 

Yes, you still use the normal N1. There is no difference whatsoever in regard of the process of filing your claim.

[darling1]

thank you GaryH - you are a star. I am just worrying! When I said "charges" in my last post I did mean costs. But my husband for whom I am doing (its his LTSB account) this for is making me nervous by not understanding fully what this is all about! he is not fully informed, and is saying what if ..... he thinks I am going to loose the £750, costs. I feel confident I wont, I did read the last post you sent again, me very thoroughly, earlier today and I was pretty sure of what you meant, but nice to have you reasure me! Right off to post the LBA by recorderd delivery , how long shall I give them to reply, as there is 3 bank holidays, shall I be generous and give them 17days on stead of 14 HA, sue

[GaryH]

Stick with it. I can understand you being a little nervous, everyone is at some stage. In fact it is actually a good thing if anything. Its usually the people who are over-confidant and jump in headfirst who make the silly mistakes, rather than those who are slightly cautious and do things properly, as you are.

 

Follow the tried and tested proceedure and keep coming here for advice at every stage and you'll be absolutely fine.

 

Its important to understand that the law is on our side here. Heres a statement of evidance which will explain exactly how and why - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177

 

Lloyds have taken money from you which they had no legal right or justification to take in the first place. They know this, which is precisely the reason why they won't go to court. As I said, their strategy is to place as many obsticles in your path as possible in the hope that you give up. If you don't, they will always pay up rather than risking losing in court.

 

When you need a bit of a boost, have a read of some of the "won" threads in the Lloyds 'successes' forum. You should find them quite inspiring.

[stan5131]

Sue, I am about to tackle Lloyds for my friends husband. SAR sent and just waiting for it to come back. He reckons it will be in the region of £15,000! Will be watching with interest. Good luck x

[darling1]

as its christmas and there are 3 days of BANK (!) HOLIDAYS ha ha, does that mean that I should give them 3 more days to reply to my LBA. letter is dated the 21st, but was sent yesterday and the Post Office said it will now not go till the 27th, its 1st class recorded. I thought as royal mail actually starts delivering on the 27th, 14 days after that ??? 10th Jan 2007 .

Also I noticed on a different bank forum (halifax) someone comment that if you talk to someone in the custer services team you can ofter settle at the LBA stage? as the LTSB as helpful, im rather looking forward to having the extra in interest!!! nearly 1.5k!! but maybe that is being greedy and taking unnecessary risks?

[GaryH]

You can give them 3 extra days yes, as a sort of 'gesture of goodwill', if you like.

 

No point ringing Lloyds. They won't play ball. They may offer you a small amount in part-settlement (probably £750) by letter, but they certainly won't discuss it over the phone. Besides, its highly recommended that you keep all your correspondance in writing only.

[darling1]

thanks for that GaryH I wont bother to phone them then -you are continuing to be very helpful, I read all your threads today and I am quite worried about the LTSB being a difficult nut to crack! but I wont be giving up, Sue. Merry Christmas to you

[darling1]

help - I have just found that the on line calculator is stuck on 2006! I NEED to use it !! have to put in a claim at court on the 10th jan 2007!! I have always had a problem using my user name and pass word - so cannot contact the powers that be for help - can anyone help me???

[darling1]

on line calculator is still on 2006 - can anyone help???

[darling1]

bump