Evans GF vs Lloyds

[evanesco]

Evening....

 

Thought we'd best start a thread incase we get a bit stuck along the way. From reading this particular banks boards, I guess we're in it for the long haul.

 

SOA: Well, Lloyds have until next Wednesday to get GF's list of transactions to her. Been into branch, they couldn't help, so had to ring customer services. The person I needed was out of her office. Tried again today, she leaves quite early, so I'll try tomorrow before I finish work. I'm doing the ringing round on her behalf, as she doesn't really know where to start, I don't mind.

 

That's all really, we''ll keep you updated. In the meantime, I've just filed at court for Halifax.

 

Evans. xox

[BARTY]

Hi Evans and Evans GF

Good luck with your claim and keep us informed how you're getting on.

Barty:)

[evanesco]

Well finally managed to get through to the person I needed to speak to, and she knew nothing!

 

Gave me a number, and they said they've been despatched as a parcel.

 

Will add it all up when it arrives, but not sending Prelim until after 2nd Jan, since there is a charge going out then.:o

 

Evans. xox

[evanesco]

Statments just arrived!!!

 

Do we claim back the overdraft interest charge. I'm inclined to say not, as I'm sure in the T & C's it say it can be charged.

 

Thanks,

 

Evans. xox

[BARTY]

Hi

You can claim back some, but not all. It's quite complicated to work out which parts are claimable, so personally I never bothered claiming it. If you look in the library there are some spreadsheets to work it out.

Barty:)

[evanesco]

Thanks Barty,

 

Decided not to bother, I think it's only fair the banks keep it for allowing her to go overdrawn.

 

Evans. xox

[evanesco]

Update.........

 

No response from Lloyds, not to Prelim or L.B.A. Will be filing N1 at court on Monday.

 

As an addition, we've requested 3 times for a copy of her loan agreement, still waiting. Can I send an S.A.R. with her loan agreement number on to get this, or shall I just keep badgering them since they've said it's in the post?

 

Honestly, I never known anything like it. The telephone banking said they couldn't access it. Went to the branch (it's not her local branch, since she has moved towns) and was told they would fax 'whoever' to get a copy sent. It didn't arrive, called telephone banking again, they said 'we can send a copy'. This is despite perviously saying they couldn't. Yup, you guessed it, still waiting. All this, and stuck up customer services assistants (in-branch) with their 'hasn't she got a copy herself?', and that look they give you. So I gave a look right back and smiled and said 'if she did have I wouldn't be wasting my time here asking you, would I?'. Think that may have made her a little annoyed....

 

Grrrrrrr!

 

Rant over.

 

Evans. xox

[evanesco]

We received a letter today offering us our full charges back. However, we have already filed an N1, so there is the matter of the interest. The N1 was deemed served on the 10th and this letter was dated the 13th. I presume their paths have crossed.

 

I'm trying to ring but can't get through on any contact numbers, does anyone have another number I could try?

 

Evans. xox

[BARTY]

Hi

Are you trying to ring SC&M? The number I have is 01273 205381.

Barty:)

[evanesco]

The letter was from the bank, I'm not sure who SC&M are!!

 

Evans. xox

[BARTY]

Hi

SC&M are the Solicitors dealing with most of Lloyds's claim.

So it's from the banks themselves? Was it the correct amount, less the Court fees and the interest?

Barty:)

[evanesco]

Yes it was. I'm thinking that I'll let this go into my bank. Then file a request for judgement minus the amount paid on the 26th.

 

Evans. xox

[evanesco]

Anyone?!?! Shall I just leave it like this until the 16th?!?!

 

Evans. xox

[evanesco]

Ok, no responses.

 

So I'm going to write a letter accepting the monies, since they have been paid into her account and will be promptly withdrawn tomorrow. I'm going to state that the acceptance is on the basis that I will persue the remainder, which is actually only interest in the county courts. They have said in their letter to me that that was their full and final response. Is this the best way to go or should I leave it until the 26th and simply request judgement, minus the monies paid?

 

Any response would be appreciated.

 

Evans. xox

[fairwinds]

Hello,

 

I am fairly sure that somewhere in the thousands of threads that I have looked at more that one person has gone on to claim their interest after the charges were returned. I only wsh I could remember who they were:D

 

I would certainly be having a go.

 

Good Luck!! ( and well done for getting this far, I only have a court date:mad: )

[evanesco]

Thank you, I wasn't sure whether to write the letter or simply leave it until the date I can request judgement, since the bank has said this is their full and final response.

 

Evans. xox

[GuidoT]

As you have filed your N1 you are entitled to your statutory interest back. You should receive an acknowledgement of service around now and a defence and AQ in around 2 weeks.

 

You may want to send a letter as the link below:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Just how much are we talking about in interest?

[evanesco]

The N1 was deemed served on the 10th, the bank have until the 26th to respond. They have paid £440.00 into OH's account. They have made no mention of the court case in their letter, as follows.

 

Dated 13th February 2007

 

Dear Miss XXXXXXX,

 

Thank you for getting in touch with us again. I am sorry you are still unhappy about your account charges.

 

We've explained that we believe it is fair to charge you for extra services you've requested, as long as you know about the charges in advance. When you didn't have enough in your account to cover a payment, we had to agree to make it by setting up or increasing your overdraft, or tell you we couldn't agree to it. We feel it's only fair to charge you for our service in considering and implementing thhis.

 

It's easy to keep a running check on how much is in your account. you can get an up-to-date balance at any of our cash machines, over the phone, on line and by weekly text to your mobile.

 

If you know a payment is going to take you over the limit we've agreed, you're welcome to see if we can raise it - and we can usually give you an answer straight away. Again we can do that for you y phone, on line or at any of our branches. There's no charge at all for this.

 

Generally we don't agree to adjust any of these charges, but I can tell you that on this occasion we are prepared to repay you £440.00. You may have read that we and the other banks are discussing overdraft charges with the Office of Fair Trading. Meanwhile we do consider each customer's position individually, and we are making you this offer because the amount you're asking for is less than the cost we might face in dealing with your complaint if you took it any further.

 

I need to let you know that this does not mean we consider we have any legal obligation to do so. This sum will be credited to your account in the next few days.

 

As I've explained, these charges are avoidable and we would strongly urge you to keep within the limit you've agreed with us or to ask us if we could increase it for you.

 

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

 

Yours sincerely

 

(computer generated signature)

 

Wahid Sayed

Case Officer

Customer Service Recovery Centre Andover

 

The interest is an extra £105.00 on top of the already refunded £440.00. I haven't recived anything from them in regards to the court case, this is, infact, the first I heard from them since receiving the S.A.R. info.

 

Evans. xox

[evanesco]

After speaking to the court today I have been told I should have contacted Lloyds to reject their offer. However, I have already withdrawn the funds, and today should be filing a request for judgement. Shall I send a rejection of settlement letter today, then request judement in a week or so, giving lloyds 7 days to respond.

 

Evans. xox

[GuidoT]

As I said in post 17 send a rejection letter.

 

When you talk about judgement, I presume no defence has been filed, thus default judgement. Did you serve the N1 on their registered office address (Gresham Street)?

 

Notwithstanding default judgement is not really the answer, see here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/48946-curli-lloyds-tsb.html#post572354

I would want to do something then send that letter in the link above.

[evanesco]

It would be default judgement. I presume since I haven't responded to the last Lloyds letter, they now presume everything is settled.

They haven't responded to the claim at all, just re-paid the charges, minus interest and S.A.R. fee.

I'm kinda thinking to just leave it, I've had alot of stress this past week, I've been seriously physically attacked, and I'm trying to cope with that.

Guido, shall I send the letter you have suggested giving them 7 days to respond then?

Evans. xox

[GuidoT]

If it is all too much, then leave matters for week or so.

 

But yes send that letter when you are ready.

 

Did you file on their registered office?

[evanesco]

Thanks, I'll try and sort it this week. I did file at their registered address, does this make a difference?

 

Evans. xox

[GuidoT]

That is correct. Some people do not file at the registered address and that is why they get no response - see this thread:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/63766-order-judgement-sending-bailiffs.html

 

However, some do slip through the net.

[evanesco]

We've recieved an acknowledgement of service today, so I guess we just wait to see if they file a defence.

 

Evans. xox