Darling 2 takes on the TSB**won**

[zootscoot]

Try this one. You can type in the interest rate and can therefore use it for statutory 8% or contractual.

 

Contractual Interest Calculator

 

Hope this helps

 

Zoot

[donnalou]

whilst jumping on the band wagon of claiming my charges back i noticed by going through my statements that i was charged £149 for a returned cheque overdraft excess fee and unpaid dd the following month i was charged exactley the same amount again but had no returned dd cheque or gone over my overdraft obviously i missed that at the time

it makes me feel sick to think that the month after that i ended up worse still because of it

i noticed darling in one of her replies saying that she had a rough patch and have to agree with some of the replies to this i was put in the situation of going over my overdraft and dd being unpaid because i had a car accident just a couple of days before i was due to return to work from maternity which saw me out of work for a further 18 months the charges my bank raised against me during that time put us under seroious financial strain

its so easy to miss a couple of direct debits and so hard to recover after

[darling1]

please can anyone help me?? I am not the greatest computer user and I am haveing immence difficulty with using the online calculator

1. It is stuck in 2006

 

2. I tried to back date all my dates by 10 days (to go up to the 10th Jan)

thenthought I should have done them 10 forwards! - now just confused

 

3. tried the calculator sugested by zoot and got £5.98 charge and now they owe me £1400 ish! great amount - but not very true, must be doing something wrong, can anyone fix the online calculator???

 

4. this is supposed to be at the court tomorrow and I don't want to get it wrong! ******PLEASE HELP******

[GaryH]

Why not use the spreadsheet?

[GaryH]

If your struggling to find the right one, PM me your e-mail address and I'll send you a simple 8% one as an attachment.

[darling]

Hi peeps, can you please address the right darling, ie darling, darling1, darling 2 etc as this seems to be getting confusing hunnies.

[darling1]

On the very last day that LTSB had to reply to the LBA they sent a really patronising letter,saying they are sorry I am still not happy about my account charges!! explaining how we can avoid charges in the future blah blah blah...

 

They also put & I QUOTE "generally we don't agree to adjust these charges, but I can tell you that on this occaision we are prepared to reduce the charges by repaying you £750.00. You may have read that we and the other banks are discussing overdraft charges with the office of fair traiding. Meanwhile we do consider each customer's position individually, and we are making you this offer as a gesture of goodwill because we might face that cost in dealing with your complaint if you took it further"

 

They have not asked for any responce from us and have not said that it is a full and final settlement etc. there is nothing for us to sign, so will the £750.00 just be put into our account? Do we respond?

I am about to put in the court papers, do I adjust the papers ( we havn't actually got the money yet) or do I just go ahead with time scale and ignore this and sort it out when we come to the court, or settlement time?

[darling1]

Bump

[GaryH]

Here you go, send this - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html and carry on as normal. Take the £750 off from the most recent charges so you don't lose much interest.

[darling1]

Thank you for that Gary! All done and posted! Now to get that claim in to the court.

 

I am absolutely scared stiff - because I am going to court asking for £9000 - plus interest. And it will not be going through the small claims court. I have listened to your earlier advise and I am trying to convince myself they may pay up -even slightly easier because they will have to make a disclosure before it comes to the court, So I am trying hard to be brave!! But I am not sleeping well!!

Has anyone else won a larger claim against the LTSB?? and at what stage?

[darling1]

have just worked out my claim total with interest is £11385.70:| sacry as I am not going through the small claim track,

 

Please can anyone tell me if anyone else has claimed such a large amount and won against the LTSB and at what stage - befor I loose my bottle??

[darling1]

bump

[stan5131]

Not sure about Lloyds, but there are plenty of people successfully won larger amounts from other banks. LTSB are no different to any other bank. Dont worry. Read Paulschieber's thread on NatWest. He is in court next week and his claim is about 28,000.

[GaryH]

Deep breath...... and............ relax!

 

It is a large claim, but by no means the largest we've had. The procedure is no different with regards to filing it, etc, the only difference is upon allocation. You can still request that it be heard in the small claims track, but more than likely it will go into the fast track.

 

Personally, I think this is more of an advantage than anything else becouse of the availibility of disclosure, and the potential risks have perhaps been overstated on this board at times.

 

OK, so there is a costs risk. However this is capped to £750, and besides this risk - IMHO - is minimal. Remember Lloyds have never set foot inside a court to defend a claim yet, and from what we can tell they probably don't intend to. There is no evidence whatsoever that they treat claims any different whether they be for £50 or £15,000.

 

For you to be at risk of costs against you, first your claim would have to get as far as court. It would be irresponsible to tell you that this definately won't happen, but, just look at the facts. Probably well over a thousand claims brought against Lloyds (many of which have been larger than your's), and not one single court appearence. You can never say never of course, but add to that the fact that they have never produced a court bundle either, which I think says alot.

 

Then in the event your claim was to go as far as court, you'd then have to lose. With proper preparation you could, should, and probably would, win your claim if it was ever to get that far. The law is most definately on our side with regard to penalty charges. This is precisely the reason why the banks don't defend in court!

 

Finally, even in the highly unlikely event that you went to court and lost, costs would have to be ordered against you by the judge. I think perhaps that a judge might be minded not to order costs against a litigant in person in favour of a huge financial institution, but thats just my opinion of course.

 

Make sure you've done your homework and are well prepared - which it seems you are - then go for it!! You'll certainly regret it if you don't - its your money!

[darling1]

thanks for that gary, its a scary time, Am I ok to use the N1 form and at at what point do I tell them I want to go through the small claim track? Fletch101 has given me a letter from the libruary to use to say as much. so I am going to hand this in with my N1 tomorrow, hope this is right.

Even though I have already won aginst the Halifax this is for a large amount, I have now taken some deep breaths and I WILL get it right!

[GaryH]

Don't mention anything about the track at this stage. Thats for later. After they have defended you'll receive an allocation questionnaire - its only at that stage should you make your request for the small claims track.

[darling1]

Thanks for that, So I shall take in my claim in the morning, just as I did when I took on the Halifax (and Won - she adds again proudly!!) using the N1 form and 3 copied of everything -

 

Thank you you are all so helpful

[darling1]

Please can anyone out there give me some advise?

 

I have already been given an opinion on another thread, but I would welcome any other comments....

 

We got the letter saying they would give us £750.00, we checked the bank - money not in yet, wrote a letter saying thanks - but we will press ahead anyway and will stick to our own time scales thanks...(as above from GaryH) meanwhile - I when to the court and filed the claim.....at that time my husband had called the bank and the money was already in..I did not know this, now it seems I have made a claim for the wrong amount, as I have not taken the £750. from the claimed amount, The money has gone into a very overdrawn account and has "dissapeared" along with all the other bank charges they have been making, and although our balance is better than it was, the money is not untouched.

I have worked out how much they will owe me after taking off the £750 and the £22.32 interest on those charges, What shall I do about it?

1. Do I make an ammendment? and when? and how?

2. Do I just wait untill they contest the amount?

3. Do I just wait untill court?

4. Also I forgot to charge them for the £10.00 fee for the copy statements and the recorded delivery charges! Should I do that when and if I ammend the N1:confused: Please help me!!

[GuidoT]

You did not complete the claim form incorrectly, at the time you did not have the cash.

 

Lloyds should take this point in their defence, but they will probably serve their standard nonsense.

 

I am in the same position, but slightly further down the road. It will sort itself out.

 

Personally I would not bother with an amendment it is likely to slow things down and will cost you £35 (which is non recoverable).

[darling1]

Thanks GuidoT, I am kinda hoping that this will be the case!

Not that I dont totally respect and regard your comment :grin: where did you get that advice from ?

 

I would love it to be the right answer, but on another thread belonging to someone else (who's name escapes me) I was told to pay up the £35.00 because we knew the money was there, Although I have to say it was well ooutside the time scaae I gave them...LTSB are real B*gg*rs arn't they, They do all they can to stick spanners in the works and confuse the issue, If it goes to court , or if they agree a sum I will of couse deduct the 750 + the interest on it

 

Any one else with zee comment??!

[GaryH]

You did not complete the claim form incorrectly, at the time you did not have the cash.

Yep, I'm with GuidoT on this.

 

Certainly don't consider an amendment, thats not necessary. Do tell the court in writing though, just with a brief note addressed to the court manager that you have received £750 from the defendent in respect of the claim as a part-payment.

[darling1]

Thanks GaryH - is there a letter template that I could use? Could you suggest one? when do you send it to the court.....Now or later?

Thank you for your advice, I will follow instructions................Sue:p

[darling1]

Bump - I have pm GaryH for an opinion - but anyone else please help!

[GuidoT]

Back to your post 45, my advice comes from my experience with litigation and or what I have learned from this site.

 

If I do not know about something I will keep quiet or if something is my view, I would use words like 'personally' so that you can place my comments in context and then decide on your own course of action.

 

Anyway, this is my view. Lloyds should in their defence state that they have paid you £750, they will probably not as they are obsessed with their standard defence.

 

If Lloyds do not mention the £750 in their defence, you could score some points with the judge by stating that Lloyds have omitted to mentioned in their defence that you have been paid £750 in respect of your claim and ask that it should be deducted from your overall claim value when judgement is made.

 

Back to taking the moral high ground I suppose.

 

I would not get too hung up about this matter.

[GaryH]

Just a very brief note will be fine. Such as -

 

Court Manager

**** County Court

Address

 

[date]

 

Dear Sir/Madam,

 

[You] -v- Lloyds TSB Bank Plc

Claim No:*******

 

I refer to the claim as detailed above, in which I am the Claimant.

 

I wish to notify the court that on [date] I received payment in the sum of £750 from the Defendent as a part-payment in respect of this claim.

 

I have sent a letter to the Defendent accepting this sum on the clear understanding that it is a part-payment only, and that this claim will continue to be pursued to a hearing, or alternatively untill such time as a satisfactory settlement is reached.

 

Yours faithfully

 

Best off running it through a spellcheck first!