Business Query

[Bill Lynch]

Hi Guys,

I am trying to help my daughter-in-law reclaim her Bank charges from Lloyds. She sent off the normal SAR letter and instead of receiving all her statements, she received several pages of 'Customer Notes', several pages of 'View Statement Entries - Account No.' and some pages of 'Account Statement' covering only one year when she has had her account with Lloyds for 10 years. Her 'Customer Notes' give no idea about charges, it is mostly filled with lines of 'MO STDLET First Class Central'. Her 'View Statement Entries' contain a date followed by lines of 'Overdraft Usage Fee' and 'Overdraft Excess fee' and 'Overdraft Interest' also 'Unpaid D/D' and 'Unpaid Cheque'. It then gives a sheet number (presumably her statement page number but they are not enclosed). As an individual who has never had any dealings with Lloyds, I don't know whether this is just a stalling tactic or normal procedure or indeed is it non-compliance? I am not really any further forward in terms of knowing what 'charges' have been taken from the account. Does anybody have a more intimate knowledge of what all this means? I would be really grateful for any information or advice.

Bill Lynch

[stadium_arcadium]

I recieved a few pages of customer notes from Lloyds, along with all my statements. They list what letters went out to her and when etc and stem from the manual intervention request (I think) 'STDLET' is short for standard letter, there was a list of abbreviations with mine. I think that either your daughter-in-laws statements are on their way or maybe Lloyds have cocked things up a bit. When was the SAR posted? you could send them a reminder if it has been a while, stating you have not yet recieved the statements, but are in reciept of the customer notes.

[jcd34]

Its exactly what i first received. The statement entries do give the full list of charges but because they are not full statements obviously dont let you see the state of your account at the time etc .I phoned Lloyds and told them i had requested 6 years of FULL statements and that that was what i wanted off them .I reminded them the 40 days was still running and received all my statements about 4 days later . You would need full statements if you are planning to reclaim overdraft interest . Try giving them a stern phone call !

[Bill Lynch]

Hi jcd34 and Stadium Arcadium,

Thank you both very much for your helpful advice. I am preparing a letter now to send it off reminding them that I have not received the statements. At least that way it will be recorded. As a matter of interest I used the suggested template letter in the library which states, "Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable". It is argueable that they have complied with my first request, the statements were an alternative. What do you think?

Regards,

Bill Lynch

[jcd34]

I suppose they are an alternative but it worked for me to demand them and it is your right to ask for full statements so i would send the letter .

[barracad]

Her 'View Statement Entries' contain a date followed by lines of 'Overdraft Usage Fee' and 'Overdraft Excess fee' and 'Overdraft Interest' also 'Unpaid D/D' and 'Unpaid Cheque'.

 

This is a list of all the charges, which is what was requested.

 

They do not have to supply statements - they have complied with your request. If you insist on copy statements then they can charge whatever they like for them.

[dinglewoody]

Hi all,

 

Bill, I have received exactly the same today, a list of customer notes (but only starting DEC '01 rather than from OCT '00), along with an abrievaitions key, but can still not make head nor tail of it. Which letters can you claim for and how much would they have charged you??? thats the information i was hoping to recieve.

 

I also recieve part charges list part old statements.

 

very bloomin' confusin

 

Dinglewoody

[Bill Lynch]

Hi all,

Thank you all for your help. I am somewhat less confused than I was. I have had dealings with the Halifax and I got every statement over the past 10 years and it was easy to differentiate between what was a charge and what was not. I think the objective here by the banks is to cause as much confusion as possible in the hope that it will put us all off. That will not happen in this case but I do feel that the template provides them with an alternative and they choose the one that is the most problematic for us.

Bill

[stadium_arcadium]

I would definately agree with you there Bill, Lloyds are trying to stall and confuse claimants by taking advantage of the wording. Nothing they do anymore surprises me!

Glad you are determined to carry on, good luck.

[Bill Lynch]

Hi Guys,

I am helping my daughter in law to try and claim back some charges. She has a small business of her own. Because she has to keep her statements for the accountant, I have been able to check back on them and record the charges etc. I am at a stage where I need to write to the bank and ask for the charges back. I understand from the library template and other threads that the legislation is different for businesses than from the normal consumer. The only template that I can find is the LBA (for business). Is there another sample letter for businesses which is the initial request for the return of charges? Would be grateful for any help with this query.

Regards

[anon1]

I would contact Katesage, a site helper, who I am sure if she has not spotted this thread will do to give advice on the initial letter stage

[MortgageMan]

Hi

yes you will need the ones for business use I just modified the normal ones then noticed the business ones beware Lloyds will close the account

The Mortgage Man

[Bill Lynch]

Hi Both,

Thank you for your info. I guess the only difference between the consumer version and the business version is the legislation that empowers the request for repayment of charges. The business version requires that "Common Law and the Unfair (Contracts) Terms Act 1977" is used as opposed to the consumer version where the "1999 Unfair Terms in Consumer Contracts Regs" is used. The initial wording for the first demand for my money is academic, what is important is that the legislation quoted is correct. Would you agree?

[Bill Lynch]

I am making a business account claim to Lloyds. On the initial template for business it states "Common Law and Statute". I worded the letters and POC accordingly. I have now had a reply from the Solicitors where everything is denied. Also, they sate that none of the Statutes, including the Unfair Contract Terms Act or the Unfair Terms in Consumer Contracts Regs or the Supply of Goods or Services Act apply. I have been back on to the "Business Claims - Basic Guide" and in the initial letter for repayment it mentions just Common Law. Then in the LBA it mentions Common Law and Statute and in the POC it mentions just Common Law. As we are preparing for Court I need to clarify which is which!! What can be relied on when it comes to the Common Law, just the Stated Cases or what else? The templates for business are confusing because they contradict each other. Can anyone please help?

[caro]

Threads merged to make it easier to follow progress and advise.

[Bill Lynch]

Thank you Caro for that. My thread in December just adds to the confusion. If none of the three Statutes I have mentioned is relevant in business claims, does this put at risk my imminent court bundle where the words 'Common Law and Statute' have been used in the POC?

[kate64]

Hi, I had a delay in getting my statements and my son had the same. I faxed them a copy of the letter and then they arrived very quickly. The fax number 0121 633 5443. I hope this helps.