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kkatiew

kkatiew v Lloyds ***WON***

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Hi,

 

I am in hope that someone can advise my next step.

 

Basically, I sent the DPA request and received my statements within the 40 day limit dating back 6 years. I then sent the letter to Lloyds asking for it back including the spreadsheet of charges. I received the standard letter saying 'i'm sorry you're not happy.....'. I was then waiting for the 14 days to exceed, when today I have received a personal letter as below :-

 

" Thanks for getting in touch with us......

Like any business, we do make a charge for some of our extra services.....

You've mentioned the new guidelines from the OFT on credit card charges. We don't agree with the OFT's thinking on this and we're still talking it through with them. But the important point is that the guidelines only concern 'default' charges. The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard prices for the service we provide in these situations. So according to our Legal Experts, the OFTS's guidelines on credit card default charges do not in any way apply. I do hope you can see that we make our charging system as fair as possible and I cannot agree to cancel your charges..... "

 

Now firstly, I didnt mention anything about any credit cards ( I am requesting charges back for o/d charges and returned dd etc.

 

Secondly, what reply do I send back to this ?

 

Any help would be much appreciated.

 

Katie

 

Ps Love this site.

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hi kkatie

don't panic, this is just a standard response letter. check out some other longer threads for reassurance, or Reload posted a thread showing bank 'template response letters' which is very handy.

 

BTW, welcome and good luck

 

regards


the train of thought has left the station, hope i was on the right platform!!

 

____________________________________________________

Lloyds TSB

prelim sent 06/07/06 response rec'd 14/07/06

LBA sent 20/07/06 response rec'd 27/07/06

Moneyclaim filed 22/08/06 Ack'd 30/08/06

Defence filed 26/09/06 AQ filed 12/10/06

hearing set for 10th Jan 2007

 

Cap One

prelim sent 2nd Nov 2006 First offer rec'd 14th Nov

any thoughts, suggestions or advice given by MBQ are done so without prejudice. All information I have, i have learned from this excellent site. If in any doubt, seek professsional advice.

 

 

 

 

 

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Many thanks for that.

 

I'll take a look right now.

 

Katie

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Hi,

 

It looks like my next step is to send the LBA template which I will send tomorrow. The see what happens after that !

 

Katie

 

ps I'm reclaiming £3046 in bank charges since 1999

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Hi,

 

I have followed the templates and guidance given throughout this site (brilliant site by the way) but when I calculated my spreadsheet of charges I included the 8% interest and sent this to them. I sent a copy with the prelim letter and again with the LBA. Have I cocked things up ? What do I need to do now ?

I am currently at the stage where I need to be filing a claim against Lloyds TSB.

 

Any help would be great.

 

Thanks

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You have made a bit of a booboo but dont worry, they wont pay out before your claim anyway at least its very unlikely! just carry on with your timetable then recalculate the 8% interest for that. good luck!


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Thanks for that Cillitbanger !!

 

I was getting a tad worried.

 

Will let you know how I get on.

 

Katie

 

ps A donation is on its way should I win, this is the most useful website i've ever come across.

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Hi,

 

I am currently pursuing a claim with Lloyds at the moment. Awaiting a transfer of court hearing to my local court. I received a letter this morning from Lloyds to say I have been charged £120.00 for returned direct debits as there was not enough money in my account to cover them.

 

What would be my next course of action due to the pending court hearing ?

 

Many thanks

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Guest ian cognito

You need to start another claim for new charges, they may pay out a bit quicker when they know you're serious tho.

 

Good luck

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Thanks for that.

 

I will do that.

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I received a copy of the AQ from Sechiari, Clark and Mitchell yesterday. Conveniently when asked of any dates in which they are unavailable they put November/December 2006 ! Thanks for that....

 

Anyway, in their AQ they've ticked no for any settlement....blah,blah,blah

 

But they have asked for a copy of my AQ. Now I didn't take a copy and presumed the court would send a copy on to them. Would I be able to get a copy of my AQ from court, if not what should I do ?

 

Many thanks

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There's no obligation to provide them with a copy, but it's recommended as a courtesy. Write and explain and that they can get a copy from the court

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Many thanks, I will do that..... They've got Nov/December to receive it anyway.

 

Also, forgot to mention. On the AQ filled out by SCM, they said they have a witness other that themselves. Has anyone else had this and if so, who would this be ?

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Hi Everyone,

 

I've today received 2 letters from Court. One is a General Form of judgment or Order which states ' The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days.' - I'm presuming I don't need to do anything for this ?

The other letter is a Notice of Allocation to The Small Claims Track (Hearing). This goes on to satet the date, time etc of the hearing. It does ask for documents on which I intend to rely on to be sent to the court 14 days before. The hearing is dated 14 March 2007. - Again, I'm presuming nothing needs to be done yet ?

Any help would be gratefully received as I'm now getting a little shakey at getting this far... !

 

Many thanks

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hi kkatie

i'm at exactly the same stage, only my hearing is 10th Jan. Don't panic too much, i know it's scary, but there is a 'court bundle' sticky somewhere (no good at copy and paste, sorry) and this should give u all the ammo u need to have in case u should end un in front of the judge. Likelyhood is that you'll receive settlement before then.

 

If this info is inaccurate, i apologise in advance, and i know someone will steer u in the right direction.

 

be strong, good luck

 

regards


the train of thought has left the station, hope i was on the right platform!!

 

____________________________________________________

Lloyds TSB

prelim sent 06/07/06 response rec'd 14/07/06

LBA sent 20/07/06 response rec'd 27/07/06

Moneyclaim filed 22/08/06 Ack'd 30/08/06

Defence filed 26/09/06 AQ filed 12/10/06

hearing set for 10th Jan 2007

 

Cap One

prelim sent 2nd Nov 2006 First offer rec'd 14th Nov

any thoughts, suggestions or advice given by MBQ are done so without prejudice. All information I have, i have learned from this excellent site. If in any doubt, seek professsional advice.

 

 

 

 

 

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I've today received 2 letters from Court. One is a General Form of judgment or Order which states ' The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days.' - I'm presuming I don't need to do anything for this ?

 

 

An order for what? Can you post it up in full please?


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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Here goes....

 

GENERAL FORM OF JUDGMENT OR ORDER

 

Before District Judge Young sitting at Sheffield County Court. The Law Courts etc.....

 

Upon the Courts own motion. The court has made this order of it's own initiative without without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

The defendants do file and serve copies of all relevant documents by 4pm on 29 December 2006.

 

Basically is this something I need to worry about ?

 

Kind Regards

 

And many thanks

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Hi

It's nothing to worry about, but you need to get all your documents together to send to Court by 29/12/06:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Good luck!

Barty:)


I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Yep, what Barty said.

 

As well as everything in the court bundle, amend to suit and add this to your evidance too - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177. You need 3 copies of everything - one for you, one for the court and one for Lloyds solicitors. Get it all off ASAP, but certainly no later than the date ordered. A settlement should follow soon after.


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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Your'e all fab, thanks !

 

I'll let you know what happens....

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Assuming that one has all the relevant statements to hand, is it necessary to make a DPA request each time?

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No. You have the statement with the new charges on i assume?.

A copy of that should suffice.

 

Good luck

 

Uk. . .


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

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I was concerned that the bank could argue that manual intervention applied to the charges if I do not make a fresh Subject Access Request.

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Hi Everyone,

 

I'm just gettibng all my documents together to put forward to the court and have been reading the different threads on what to include. The thing is , although I kept copies of all my letters that I sent to LTSB, I didn't keep the letters that they sent to me.

 

Do you foresee a problem ?

 

Many, many thanks

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