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Susan the Bank vs Lloyds TSB


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Ive read some of the FAQs, totted up all the overdraft excess fees I've paid over the years and am now going to fill out the prelim letter.


It'll be a extremely modest claim, £235, but as this is more than I earn in a month I'm determined to go through with this.


The charges I incurred were neally all overdraft excess fees from going over by £5-10 then rectified within days. Because I was not over my overdraft for long at all I plan to edit the part:


"I calculate that you have taken £235 plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX ."


to simply:


"I calculate that you have taken £235."


I assume that becuuse my unauthorised debts were not for long that interest doesnt apply to me. IS THIS CORRECT?



As for the schedule of charges I assume a list with dates and amounts will do, i.e


"09 nov 05 - £30

09 may 05 - £25"



Both very obvious questions but I am a little dense and it is a little late.



Merci Beaucoup!

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Hi Susan,


Yes, thats fine. You are entitled to any OD interest levied on top of unlawful charges, but in your case the amount would be so small its just not worth it.


The schedule needs to be contain the date, reason (OD excess, etc) and amount of each charge. When you come to file the court claim, which is probably inevitable, you can the add the 8% interest using a spreadsheet from the templates library, which will then also act as your schedule.


Good luck and keep us updated.

Please remember to DONATE! Help CAG keep up the fight!



Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 4 weeks later...

Cheers Gary!


Back again, look like this board has got alot busier since I was last here.



Right, I sent off the prelim letter on the 12th of december. I recieved a letter on the 18th saying it my case had been forwarded onto the customer service recovery center in andover. I had sent it to an address in Peterborough because it is a student/post grad account and usually dealt with at a different location. Anyway, on the 27th I recieved the official response.


They tried to put up an argument against my complaint. Should I contest their argument or just follow with the standard 'Letter Before Action (LBA)' template?


I imagine if i went into detail and picked apart their response I'd be either


A:Wasting my breath


B:Confusing the matter and possibly harming my claim.



They say:


"We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we can't agree it. We feel it's fair to charge for this service."



Yep, fair enough, if it's cost them money that I made my account go over my overdraft then I should pay a charge. I shouldnt have to pay £30 though, that is disgraceful. They have never made any attempt to increase my overdraft for me so that I dont get charged. And nearly all the times I went over if they'd let me know by telephone on the day, I could have done something about it as I often had money in a separate LLoyds account.


That aside, I would intend to keep it simple and respond with the following ammendmant to the LBA:


Dear Madam


Thankyou for your timely response, I am however disappointed with the nature of your response as I felt it did not answer my complaints. I would like to re-itterate my point that I believe the LEVEL of charges to be unfair and unlawful. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.





I will also ammend the amount owed to me and the schedule of charges as I have incurred a further charge since starting the correspondance.



Any advice on my ammendment would be greatfully apprechiated.




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  • 3 weeks later...



case has now become a success!!


I waited the 14days after sending my LBA.... nothing.



Last night I was about to to start my claim on the moneyclaim website but it was late so i thought bugger this and went to bed. By chance i walked past the county court today so i thought i might as well grab the form as apparently it contains more information or somink?????



What would i find sitting on my doormat when i got home but a letter from lloyds.


They basically repeated the argument from the first letter and said they didnt think they were in the wrong but they're gonna pay me back the money anyway!!!!!!!


so ive saved myself the hassel of filling out the forms and the money should be in my account in the next couple of days.



They said that because the amount was so small (£235) it would cost them more to contest the claim so maybe they claim amount brackets determining which action they take (if any).


So yes! If the mod could move this into the success forum please?


I'm chuffed as a chimney, thankyou to this website!



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