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Lloyds TSB not responding yet


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Hi,

 

This is my second thread. Fourteen days ago I sent my first letter to TSB which has begotten no reply.

 

I don't take this as a positive response and today I will be sending a second letter (Letter Before Action) though I'll wait for the morning post. I intend to do everything to the letter with my claim (which is £2022).

 

There are two things that I am seeking clarification on. The first is my payment should I win. Now I am still in my overdraft and also still over my limit (though not by much and I certainly don't worry about this fact). I do have another account with a bank that seem to like me. My overdraft should be reduced every month but not to bring me back within my limit but to bring the account in the bank i.e., end my overdraft facility entirely.

 

So my question is: should I win can I request my money as a cheque so I can deposit it in my new account otherwise all my money will be swallowed up and I'm sure the bank will turn nasty. Where would I stand in terms of my overdraft agreement?

 

The second question regards interest. Could somebody please post links to the best step by step guides regarding when and how to claim that 8%. I haven't put it on my first letter bt should I win I would be entitled to it. One quote on this site is that if it is added in any claim then the banks will know you don't know what you're doing and chances are will result in failure. Is this issue cleared up anywhere.

 

Thanks

laralaralara:razz:

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So my question is: should I win can I request my money as a cheque so I can deposit it in my new account otherwise all my money will be swallowed up and I'm sure the bank will turn nasty. Where would I stand in terms of my overdraft agreement?

I think your best bet is to request a cheque payment within your particulars of claim when you file at court. Even then though, you are not garenteed to get it in that form. I think its something to do with the banks right of offset.

The second question regards interest. Could somebody please post links to the best step by step guides regarding when and how to claim that 8%. I haven't put it on my first letter bt should I win I would be entitled to it. One quote on this site is that if it is added in any claim then the banks will know you don't know what you're doing and chances are will result in failure. Is this issue cleared up anywhere.

The 8% gets added at the point of filing a court claim. The county courts act allows you to claim 8% interest on any money you are owed when you file a claim to recover it. There is a link to the FAQ and step by step guides in my sig.

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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Hi

 

You'll probably find that Lloyds drag their feet at every opportunity. Both me and my partner started proceedings against banks at the same time - he had his claim settled months ago (against HSBC) - Lloyds have less than one week to reply to my court claim.

 

My overdraft with Lloyds is £2000 - which is roughly the amount I am claiming - so it will be used to pay off my overdraft with them - which when you think of it is saving me nearly £30 a month in interest. I changed my account to Nationwide and now only pay about £5 a month in interest!!!

 

I think Gary is correct in what he says about offsetting - I think you can only demand a cheque from them if your account is in credit - if not they pay it into your account and remove the overdraft facility on your account!! to ensure they get their money back.

Debbie

 

Lloyds TSB - Subject Access Request for 2 accounts - 27/07/06

26/08/06 - statements received

29/08/06 - preliminary letter sent - account 1 owed £915 plus £70.90 interest = £985.90

account 2 owed £650 plus £79.99 interest = £729.99

18/09/06 - LBA sent - includes extra charges incurred

 

MCOL filed

Acknowledgement of Service - 04/12/2006

Copy of Lloyds Allocation questionnaire received 12/01/06

My AQ form received 30/01/06

 

HSBC - Subject Access Request - 27/07/06

05/08/06 statements received

08/08/06 - Preliminary letter - £1388 plus £128.69 interest = £1516.69

25/08/06 - received offer of £1200

29/08/06 - LBA sent

17/09/06 - MCOL submitted - £1875.65 (incl 8% int)

19/09/06 - Notice of Issue received

Full settlement

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Thank you for your responses. I am thinking of just accepting the payment to pay off my overdraft. It is my only debt and if it's not gone, whether there are ramifications or not, it's not something I can ignore.

 

Could you please explain 'offsetting'? Is this a legal/official term refering to a specific law? Thanks.

laralaralara:razz:

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