Lloyds TSB - What is the Possibility of Account Closure

[Sophie-Jane]

Hi everyone

 

I have calculated that Lloyds TSB owes me over £630 in Charges

 

Its a Current Account - Cheque book, Visa Card and Internet banking

 

What I ask, if after trying / sucessfully or not, has anyone had their account closed by Lloyds TSB???

 

I need to know the answer prior to taking action, as I would need obviously another account elsewhere, but even then, would'nt I have similar charges if I went over the agreed limits, so going around and around in circles.

 

All info would be helpful

[Sophie-Jane]

Hi Bookworm - ML and Bean

 

Many thanks for your kind words

 

I'm still quite new to this, its only really been the past week since I started actions, Now sent off Preliminary letters to Lloyds TSB, MBNA and Clydesdale finance, just them 3 totals over £1200.

 

Its no wonder people get into so much debt, High charges for even going a penny over their overdraft limit

 

With Lloyds TSB, I noticed that I was going to go over on that morning, Now I had funds in internet savings held with Lloyds, so transferred them straight over, at get this 3AM.

Still 2 Direct debits failed, and at that point I had more than sufficient funds to cover.

 

It is about time that CONSUMER POWER dictated that High charges for us soals who are on a pittance of a wage, or hit hard times, should not be charged such high penalties.

Its hard enough these days with things like Council tax keep going up by at least 10% every year, Wish my wages reflected that type increase

[Sophie-Jane]

Hi Dammam, you are quite right

 

When I was with the A&L, the DD charges were taken away straight away, which put you in more of a problem, as you started to occur Overdraft Fees from day on, on some occasions I had charges to the MAX they could charge.

 

At least with Lloyds, you can budget for the forthcoming charges, as they would take them out later.

 

Kind of Lloyds that way, but when I heard it was illegal, I saw RED, and the rest is history, I am after blood, not so much with Lloyds, but A&L, who really did my head in.

 

Thanks everyone, I am passing the message on, this is such a wonderful site, about time WE the Consumer got Our Message across to them institutions who have screwed us all up at some time in our life, and it is normally, when we have an emergency in life that we need more help

 

 

I'd say they'll generally shy away from closure, but I'd guess that if you have a habit of accruing charges (as I have) that they will do their best to make sure you don't have grounds to sue them again by changing your account to a basic one without debit card or cheque facilities.

 

And yes, you could end up going from bank to bank, but next time you would be for-armed, and wouldn't get to the position where you were in an endless spiral of charges causing bounced payments causing more charges etc.(not that you were, but myself and many others got into that situation).

[Sophie-Jane]

Well as expected, they say the usaul blah

 

Not giving my money back at this stage

 

Well its the 2nd letter stage, and then the Court it seems

[Sophie-Jane]

Just received the reply back from the 2nd letter

 

As expected, no give up by them

 

So now moneyclaim is now in action

 

This following is the reply back from my 2nd letter

 

Thank you for your letter dated xxxx, I am sorry to hear that you have not been happy with my response to date.

 

Unfortunately there is little I am able to add to my letter dated xxxx and I am only able to refer you back to the terms and conditions of your account, although I do respect you opinion about our charges

 

This letter is the banks final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. I have enclosed a leaflet, which outlines how to contact them.

 

Yours Sincerely

 

David Just

Assistant Manager

[Sophie-Jane]

Hi Everyone

 

I have now received the paperwork from the court, they are intending to defend the case

 

Their Solicitors are -

 

Martineau Johnson, 78 Cannon Street, London, EC4N 6NQ

 

 

Now I need to get Ready

I have the sound clip of Peter McNamara to copy onto CD, do I send this off to their solicitors, what other information do I need to collate, so we can have a successful action against Lloyds, If it does actually end up at the court?

 

All help is appreciated

[Sophie-Jane]

How long after "Acknowledgement of Service" from Money Claim Online

will I receive this "allocation questionnaire" as I did not receive it with the "Acknowledgement of Service" ??

[Sophie-Jane]

8th June 2006

 

Just received the Defence from Lloyds TSB Solicitors - Martineau Johnson (London)

 

If the Moderators require a copy, Please ask, It will take a while to post the wording, So bear with me, as I'm off out at moment

[Sophie-Jane]

Hi

 

NOw I have the defence from LTSB

 

I Have read about using the transcript and a CD of P McNamara

 

I have downloaded the Soundfile, but it is not compatable with Window Media Player

 

Has anyone got it, so that I am able to Transfer onto CD as an audio file using Windows Media Player?????

 

What else can I be doing in the mean time

 

Thanks everyone for your assistance upto now

[Sophie-Jane]

Here is LLOYDS TSB Defence

Sophie-Jane

and

Lloyds TSB Bank PLC

1 . The defendant Lloyds TSB Bank plc (the Bank) is a bank. It is admitted that the Claimant has been a customer of the Bank at all material times.

 

2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing;

 

cheques

bank statements

the facility to make payments by direct debit and standing order

debit cards

ATMs (cash machines)

 

3. By maintaining the account in credit, or within any agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the banks own funds. if the Bank makes payment, or charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that "there are normally no charges for everyday banking at Lloyds TSB when your account is in credit.

 

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply.

If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go-ahead".

 

4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank's loss.

 

5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which appear as debits on the following month's statement. Cusomers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the Bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

 

6. The charges are fair and reasonable, and it is denied that they are unlawful.

 

7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the Bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.

 

8. It is denied that s15 of the Supply of Goods and Services Act applies to this claim, since the Bank provides details of all charges which are incorporated into the contract as pleaded in paragraph 2 above

 

9. In the premises:

9.1 the charges are for banking services, and are not damages nor a penalty;

9.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable;

9.3 it is demied that the charges are unlawful or contravene any statue or regulation.

 

10. The claiment's claim is denied in its entirety. It is further denied that the Claiment is entitled to the sum claimed or to any sum from the Bank.

 

Statement of Truth signed by - Heather Leeson - Partner in Martineau Johnson

[Sophie-Jane]

Allocation Questionnaire received, got until 26th June to send back

 

Questions A to C, F, H and I are ok

 

 

Question D - I suppose that is zero

 

Question E - Experts - Apart from the Peter McNamara Transcript and CD (When I have an copy of the Windows Media format)

 

Question G - Other information

 

Please any help is very appreciated

 

About time these Banks got what they deserve to us hard working, under paid Normal People

[Sophie-Jane]

Can you say what no form you have please ? and type the question you are asking out so you get an accurate answer .thanks

 

Hi mjanet

 

It is Form N149 - Allocation Questionnaire (Small Claims Track)

 

Many thanks in advance for your help, it is very much appreciated, this one if won, will help me fight the others, as this actually is one which will benefit me directly, not go back into the account as a credit. i.e - I will come off with some money and be able to donate further to this wonderful Site - Keep the Good work up

 

 

Question D - Witnesses - So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence? (Number)

 

Question E - Experts - Do you want permission to use an expert's report at the hearing? - (Yes - No)

If Yes - What will the expert's evidence deal with?

__________

 

If Yes, have you given a copy of that report to the other party? - (Yes / No)

 

In addition to using an expert's report do you want your expert to attend the hearing and give evidence? (Yes / No)

 

If Yes, Give the reasons why you think their evidence is necessary:

__________

 

The court may order the appointement of a single expert who can be instructed by both parties, if you think this would be not appropiate, please say why.

__________

 

Question G - Other Information

In the space below, set out any other information you consider will help the judge to manage or clarify the claim, Including any other information you consider should be supplied by the other party.

 

__________

 

One thing comes to mind, about proving that the Penalty charges are fair and reflects the true cost to the Bank.

 

Clour Key - Blue = Answer needed, Red = My Notes, Black = Wording off Form N149 - Allocation Questionnaire (Small Claims Track)

 

Hope this helps, as I am sure this will also help other Claiments with these Rip off merchants, They had it too easy for many years now

 

Thanks again mjanet

[Sophie-Jane]

I can't find anything on G but I personally put that I wanted to use a tape machine ( cant remember what its called lol ) to play a recording incase my transcript of an interview was challenged.(thinking of macnamara transcript )

 

I am not saying this is the right thing to put , just that I put it there

 

Thank you for that info

 

I have now got the CD's Burnt, (3), Court, Defence and myself

 

When I send off the Questionnaire, Should I also send off the CD and Transcript along with the Questionnaore and also to the Defence - Am I right ??

 

Thanks again

[Sophie-Jane]

Hi

 

I feel that I should also write a letter to their Solicitors - Martineau Johnson and also send a copy off with the allocation questionnaire, along with also the CD and Transcript of Peter Mc Namara (Former Head of Lloyds TSB Personal Banking)

 

Stating that I have evidence from cases such as

 

1. Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79,
   
2. Lordsvale Finance PLC vs. Bank of Zambia (1996) QB 752, and more recently,
   
3. Murray vs. Leisureplay (2005) EWCA Civ 963

I also suppose I am claiming that under Section 15 of the Supply of Goods act, that these charges are to be reasonable

I also intend to apply for an injunction against the Bank, incase they proceed to try and close my account

 

As far as I can see, Lloyds re trying to say these are Sevice charges, Is that correct ???

 

What other information should I send off with the Allocation Questionnaire ??

 

The letter to Martineau Johnson, should also be sent off to the Court with the Allocation questionnaire ???

 

 

 

If it is that they are trying to claim this is a Service then the part below from the guidence notes about taking this to court

 

You are arguing that under s.15 Supply of Goods Act the cost of the service is required to be reasonable. S.15 says that where no price is agreed at the time the contract is made, that a reasonable price will be implied.

The cost of blocking a DD and sending letter is most probably less than 50p (or whatever you think that you can argue). The bank is a High Street business. Normal mark-ups on the High Street are 100%. It would not be reasonable for the bank to mark up significantly higher than this without a full and detailed explanation.

The actual cost cannot be very high because the service is highly automated and operates millions of times per year so that the cost is spread and shared widely.

The bank has been invited to provide a detailed breakdown of it costs and it will not do so.

You can bring in useful documents as well where for example the bank has argued that the charges do only allow then to recover their losses. If the bank argues this then it effectively destroys their case that the charges are he reasonable price of a service.

 

As I am only aware that they have provided me the details of such charges to Block a Standing order / Direct Debit and so forth, but they still have not provided me with a breakdown of such costs, and if like many Credit card companies, which I have delt with, they are unwilling to provide such breakdown, suppose that they are aware that they are Not Reasonable

 

 

Any help in formatting a letter to read legally, would be appreciated

 

Thanks again all at CAG, Nice donation on its way once this one is in the BAG:)

[Sophie-Jane]

I been thinking on this one, re writing a letter

 

This is what I've come up with

 

Dear (?????)

Re your letter dated 10th May 2006, I regret to inform you since you will not enter into sincere dialogue referring to these unlawful charges, I now have made a claim against Lloyds TSB at Huntingdon County Court ( ref 6QZ30316).

I will be bringing evidence to the court and one will be a transcript and CD Format of your former head of personal banking - Peter McNamara (BBC Radio in 2004)

I will also reply partly on Section 15 of the Supply of Goods and Services Act, and cases such as

1. Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79,
   
2. Lordsvale Finance PLC vs. Bank of Zambia (1996) QB 752, and more recently,
   
3. Murray vs. Leisureplay (2005) EWCA Civ

Due to taking court action, I will also be claiming the return of all the disputed Unlawful charges levied against my account + interest at 8% per annum, Court Costs, My administration Costs ( Time, Stationery, Postage and Production of Compact Discs for Production at Court)

I will also seek an Injunction against LLOYDS TSB, for any retaliatory action taken / implied after taking a lawful process of the court systems to settle a disagreement between myself and LLOYDS TSB.

Yours faithfully,

Sophie-Jane

 

_________________________________________

 

 

1. Should I make the letter out to their solicitors, or David Just, who is the Assistant Manager who said no prior to Action being taken??
   
2. Is there any other information that I should add?
   
3. Do I send off transcripts of the cases quoted?
   
4. Should I send off all the correspondence that I have sent and received since the DPA request - To the Court?

This will be my FIRST court Battle, and I am desperatly wanting to get EVERYthing Right, so that I can be fully prepaired for Battle if it does get that far.

 

The way I see it, If I send this letter to both David Just and The Solicitors, they may just stand down a little earlier

 

If they did settle

How would I then proceed with getting an injuction against them changing my account or even closing it, would I inform the Judge / Court that the Monetory action is Settled, but I need a injunction in any event that they take retalitory action against my account / me ??

 

Please help, As I really do want to get it perfect, and if I do prove my case 100%, I can then help those who are behind me in this process

 

Thanks to everyone who has helped so far, and to CAG, Once this one is in the BAG, there will be better donation than last

 

Thanks:)

[Sophie-Jane]

I can't find anything on G but I personally put that I wanted to use a tape machine ( cant remember what its called lol ) to play a recording incase my transcript of an interview was challenged.(thinking of macnamara transcript )

 

I am not saying this is the right thing to put , just that I put it there

 

Hi Janet and everyone, This is what I have entered in Section G - Other information

________________________________________________________________

 

G Other Information

 

This case has been brought to the Judge's attention, as I have become aware Lloyds TSB are acting unlawfulling in relation to their charges for various transaction defaults, i.e. Blocking a Direct Debit, Going over the overdraft limits

These processes are automatic, and therefore do not cost Lloyds TSB in the region of £35 for each breach.

It has been estimated that these automated charges / penalties cost banking and credit card institutions in the region of 50 pence to a maximum of £1.

I have asked Lloyds TSB for a breakdown of these costs, and as upto now, I have not been given this information, Lloyds are pretaining that these charges are Service charges, Service charges MUST be reasonable, and that Lloyds TSB must not make a substancial profit from these charges.

I have evidence in the Format of a Compact Disc, and a Transcript of the Compact disc, This is the Former Head of Personal Banking of Lloyds TSB - Mr Peter Mc Namara - (Now Chairman of Moneybox), I wish to use this evidence, so will need to bring along a Compact Disc player for this evidence.

I also bring to the Judges attention the following cases

1.Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79,

2.Lordsvale Finance PLC vs. Bank of Zambia (1996) QB 752, and more recently,

3.Murray vs. Leisureplay (2005) EWCA Civ

The general scope of the law relating to penalties was identified by Lord Browne-Wilkinson giving the advice of the Privy Council in Workers Trust Bank Ltd v Dojap Ltd. [1993] AC 573:

"In general, a contractual provision which requires one party in the event of his breach of the contract to pay or forfeit a sum of money to the other party is unlawful as being a penalty, unless such provision can be justified as being a payment of liquidated damages being a genuine pre-estimate of the loss which the innocent party will incur by reason of the breach. One exception to this general rule is the provision for the payment of a deposit (customarily 10% of the contract price) on the sale of land. ….."

 

__________________

 

Hope that is going to be ok, as I have until the 27th to get this in, so PLEASE, If you feel that I need to change it, LET ME KNOW ASAP

 

Many thanks in advance

[Sophie-Jane]

Please advise on the following for Part G of the Allocation Questionnaire, please let me know if it needs ammending

 

Regards and thanks

Sophie

 

________________________________________________________________

 

G Other Information

 

This case has been brought to the Judge's attention, as I have become aware Lloyds TSB are acting unlawfulling in relation to their charges for various transaction defaults, i.e. Blocking a Direct Debit, Going over the overdraft limits

These processes are automatic, and therefore do not cost Lloyds TSB in the region of £35 for each breach.

It has been estimated that these automated charges / penalties cost banking and credit card institutions in the region of 50 pence to a maximum of £1.

I have asked Lloyds TSB for a breakdown of these costs, and as upto now, I have not been given this information, Lloyds are pretaining that these charges are Service charges, Service charges MUST be reasonable, and that Lloyds TSB must not make a substancial profit from these charges.

I have evidence in the Format of a Compact Disc, and a Transcript of the Compact disc, This is the Former Head of Personal Banking of Lloyds TSB - Mr Peter Mc Namara - (Now Chairman of Moneybox), I wish to use this evidence, so will need to bring along a Compact Disc player for this evidence.

I also bring to the Judges attention the following cases

1.Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79,

2.Lordsvale Finance PLC vs. Bank of Zambia (1996) QB 752, and more recently,

3.Murray vs. Leisureplay (2005) EWCA Civ

The general scope of the law relating to penalties was identified by Lord Browne-Wilkinson giving the advice of the Privy Council in Workers Trust Bank Ltd v Dojap Ltd. [1993] AC 573:

"In general, a contractual provision which requires one party in the event of his breach of the contract to pay or forfeit a sum of money to the other party is unlawful as being a penalty, unless such provision can be justified as being a payment of liquidated damages being a genuine pre-estimate of the loss which the innocent party will incur by reason of the breach. One exception to this general rule is the provision for the payment of a deposit (customarily 10% of the contract price) on the sale of land. ….."

 

__________________

 

Hope that is going to be ok, as I have until the 27th to get this in, so PLEASE, If you feel that I need to change it, LET ME KNOW ASAP

 

Many thanks in advance

[Sophie-Jane]

Please refer to answers to allocation questionaire in the libary .You do not have to put all that.

 

Hi Janet

 

Many thanks, Thats a new thread, did not realise it was there until now, suppose have to keep looking in the Library on a regular basis

 

I do intend to fill in section G with the following (edited from previous thread), unless I am advised against doing so

 

____________

 

G Other Information

 

I have asked Lloyds TSB for a breakdown of these costs, and as upto now, I have not been given this information, Lloyds are pretaining that these charges are Service charges, Service charges MUST be reasonable, and that Lloyds TSB must not make a substancial profit from these charges.

 

I have evidence in the Format of a Compact Disc, and a Transcript of the Compact disc, This is the Former Head of Personal Banking of Lloyds TSB - Mr Peter Mc Namara - (Now Chairman of Moneybox), I wish to use this evidence, so will need to bring along a Compact Disc player for this evidence.

 

I also bring to the Judges attention the following cases

1.Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79,

2.Lordsvale Finance PLC vs. Bank of Zambia (1996) QB 752, and more recently,

3.Murray vs. Leisureplay (2005) EWCA Civ

 

The general scope of the law relating to penalties was identified by Lord Browne-Wilkinson giving the advice of the Privy Council in Workers Trust Bank Ltd v Dojap Ltd. [1993] AC 573:

"In general, a contractual provision which requires one party in the event of his breach of the contract to pay or forfeit a sum of money to the other party is unlawful as being a penalty, unless such provision can be justified as being a payment of liquidated damages being a genuine pre-estimate of the loss which the innocent party will incur by reason of the breach. One exception to this general rule is the provision for the payment of a deposit (customarily 10% of the contract price) on the sale of land. ….."

 

____________

 

In doing so, I hope that I clarify the case out to the judge, and hope that it can be settled promptly than being hung out further by Lloyds TSB

[Sophie-Jane]

Any news Sophie-Jane?

 

Its all quite here with Lloyds

 

Sometime in the next couple of weeks I am sure I will hear something, as per others members threads, I been following Janets thread, and will be following almost to the letter, but ensure that everything is done in 1 letter, but then again, suppose they will draw that one out too.

 

Problem I see ahead, is my Debit card is up for renewal end of next month, so if they are contemplating taking further action, I suppose I would know by the middle of next month.

 

Thanks for asking Bean:)

[Sophie-Jane]

Hi Everyone

 

Friday 28th July - Received same paperwork from Solicitors that MJanet received

 

££ Ok, apart from the charges that they want to apply in August

 

Conditions NOT Accepted

 

My Letter Below

_____________________

 

 

Mrs Sophie-Jane

XXXXXXXX

XXXX

XXXXXX

XXXXXXX

XXXXXX

 

Martineau Johnson

78 Cannon Street

London

EC4N 6NQ

 

 

 

 

 

Re – Your Ref – XXXXXXX

 

28th July 2006

 

 

 

Dear Sirs,

I would like to inform you that I have received both of your letters and note your points. However like you I am also quite confident that I can prove my case in court and prove that these are in fact penalties that you are trying to cloak as a service charge. I am also very confident that a judge will also see it this way.

 

Whilst I have to mitigate my loss I am prepared to accept the figure you quote. I will accept this in full and final settlement of this claim. I reject all other conditions you have attached unless your client would like to negotiate a payment for this extra service you are asking from me, as a separate agreement.

I will continue my claim against your clients until such time that your client accepts my terms and has paid the amount I have asked for into my account.

 

I will point out, that ANY retaliatory action taken prior to / after LAWFUL proceedings, I will seek an injunction against LLOYDS TSB (The Bank), with NO FURTHER NOTICE.

And I also point out, that the OFT will look unfavourably at Lloyds TSB for any such action.

 

If Any further charges (1st August 2006 for £60 for example) are applied, I will seek further action against Lloyds TSB, Lloyds TSB will receive a warning letter that the charges are UNLAWFUL, and if not withdrawn within 14 days, Further Action Will commence with No further Communication.

May I also point out that there is no unilateral imposition of confidentiality in these circumstances as you must fully realise and for you to say otherwise is an abusive deception .I will pass any more dis informative correspondence from you to the Law Society who no doubt will decide whether this is a matter of discipline or merely requires more Continuing Education points.

 

Yours faithfully,

 

Mrs Sophie-Jane

 

 

(Fax Sent)

[Sophie-Jane]

No Court dates as yet

 

Due in Hospital for a week quite soon, and will be incapitated for around a month after, so cannot attend court until around October anyhow, I've entered that onto the Allocation questionairre also.

 

But If my case goes similar to Mjanets, then its only a matter of weeks now, hopefully before I go in hospital

[Sophie-Jane]

Hi Sophie Jane, thankyou for your reply regarding myself taking on Lloydstsb. Where do i go to get a copy of the transcript re the interview with Peter Macnamara on the bbc.

I hope you're feeling better soon.

Regards,

Andy.

 

Hi Andy, Its in the Library

 

But at your stage of action, there is no use for it yet

 

The Transcript and Sound file for the Case, would only be needed if you attended court action, which is a very low possibility.

 

I was like you, I thought that I better get it sorted, but No need, the solicitors have been in touch, but I have refused the conditions but accepted the £££.

 

But if I do need them I have them, but if I do not, i'll send them on to you, even if mine does go to court, I will still have my copies, which I can send on after the case.

 

Just hold back, follow the processes, and Only if you have to attend court, or they are requested, then that is the time they are needed.

 

Believe me

[Sophie-Jane]

HI Sophie jane

Have read your thread and want to say it has given me much confidence, i am handing in my allocation questionaire tomorrow.

Hope you get an excellent result.

 

Mjanets thread also gave me more confidence, and having won over half of my cases - NON lost yet, has boosted my confidence 100 fold

 

That is where this site does help, Helping each other, as we all been there, No money due to charges being applied, and struggling to keep afloat to stop another batch of charges being applied.

 

(I had written a letter to the solicitor and advised i was following the advise of section A and once again offering contact to settle out of court, but I have had no reply.)

 

I have not done this, They responded to me first, Proving I've the upper hand in this case.

 

Im hoping your case will be a lead marker for my own as they are so close together.

BL:)

 

MJanet is in front of me, I'm following her thread, but in doing so, I've gone a bit further, as in pointing out that I will not recognise further charges unless they can prove them to be accurate - which of course they will not.

 

_______________

 

You may wish to use the Message in Post 31, in Section G

That is what I've put, and note, I can send on the CD and Transcript, as quite possibly, I may not need it.

 

But Wait until IF you get a court date, PM me for the Cd and transcript only then, I will send it on 1st class

 

I still say the OFT ruling of £12 where they would interviene is still seen as excessive, where the process only costs around 50 pence.

 

So I'm waiting, they have till Friday 11th to respond - Hope they do, as i'm in hosp on Saturday, and I really want to get another letter in before hand

[Sophie-Jane]

Had phone call from MJ today offer full ££ in settlement

 

They still wanted to keep a clause in

 

Clause 3 - Maintain Account in agreed limits

 

My arguement is, Your wages are late in, a DD or SO are going out when you get paid, SO How do you stop these payments when Your wages / payment is late, and the automated process has kicked in at before 3am - (Internet banking)

 

His responce - Its not the banks fault,

 

I said Its not mine either, and even hen I transferred money over at 3am, it still was charged

 

 

 

So I ended the call saying that we are not getting anywhere here, and that I will let a Judge decide on the case

 

 

Just wished it was settled prior to Hospital on Sat, Never know, I can hope that I see something on the doormat on Saturday

[Sophie-Jane]

Hi Lancman

 

You better be wearing the gloves when dealing with my little truck

 

Thanks