Symes V lloyds

[lsba02853]

Greetings all.

I'm a new member here so have decided to say hi and keep you updated on my progess.

 

I first cottoned onto the idea of reclaiming bank charges whilst reading:

BBC NEWS | Business | Are penalty charges bank robbery?

 

I used the standard letter available:

http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/12_12_06_bank_14day.pdf

 

and sent it off on 18th December.

Obviously i've now found you fine folks and will use the templates available from this site.

 

At this moment I've written Lloyds 2 sperate letter for my 2 seperate accounts.

Acc 1 has been hit with £1821 worth of charges since Feb 2002.

Acc 2 has been hit with £1847 worth of charges since Feb 2002.

 

My next letter, due to be sent the middle of next week will be this one:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

I still plan to continue with the 2 seperate claims (I've started so i'll finish type of mentality), but i have a quick question:

 

I've used the S/Sheet that calculates charges at 8% since day of offence, is that the correct one to send with the Letter before Action?

 

Thanks.

[lucid]

Hi and welcome!

 

If you are wanting to claim 8% statutory interest then you don't include the amount in any of your letters at the moment. This interest is added to the claim when you file it at court.

 

Lucid

[lsba02853]

Lucid, thanks for the reply.

I'm a little confused now, the LBA states, and I quote:

 

"I calculate that you have taken £xxx plus £xxx which you have charged me in overdraft interest for the sum which you have taken"

 

What does the 2nd figure refer to if not the statuory interest?

[elsinore]

Hi Isba.

 

If, during any month that you incurred charges, you were in an overdraft situation (authorised or not), you will have been charged interest. Part of that interest will refer to the charges incurred. This is reclaimable.

 

However, it can be difficult to extrapolate the element that refers to the charges from the total overdraft interest. Often, it is a relatively small amount and many claimants do not bother with it.

 

On the other hand, if your ‘overdraft’ consisted entirely of unlawful charges, then all the interest would be reclaimable and might be a significant amount. This can happen when an account is ‘dormant’ and racking up only charges.

 

So it all depends on the activity and balances on the account, which only you can measure.

 

Good luck with your claims and A Happy New Year

 

Elsinore

[lsba02853]

Thanks for the explanation.

I'm perfectly happy with the interest charges, as i was using my authorised OD and fully expect to have to pay interest on that.

 

I presume I just simply remove the Interest portion from the letter and send at the right moment.

[GaryH]

Yep:)

[lsba02853]

My LBA goes off to Lloyds on Thursday, so i thought it was about time to get my court pack/bundle together.

I've already downloaded the basic one from this site (Thanks), and am getting hold of the Peter McNamara sound file. Do I need to add anything else to it besides summary of charges, statements and the interest spreadsheet?

 

Thanks

 

**Edit**

 

I only have the printouts from Online banking, will that suffice or do i need to produce originals?

[GaryH]

You don't need the court bundle yet. Thats much further down the line. After you've filed the claim Lloyds will then defend it, you'll get an AQ from the court to fill in and return, then sometime after that the court will order you to submit your evidance. Only then will you need the court bundle.

 

Your next stage is to file your claim. For this you'll need the N1 form, particulars of claim (both in the templates library) and your schedule.

[lsba02853]

Thanks for the reply Gary.

I was initially going to use the online system but after reading here i've decided to use my local court. Once my LBA is rebuffed, or even ignored as my first letter has been, I'll file and then advise of the case details.

[lsba02853]

Well, it's been exactly 14 days and no word at all from Lloyds.

Confirmed online that my letters were delivered so my LBA's are now Printed and signed. They'll be going recorded delivery first thing tomorrow....BRINT IT ON.

 

Now i wouldn't feel half as confident saying that had I not read all the wonderful information on this site, so I'm sure this will be the first of many, but THANK YOU.

[lsba02853]

Got the standard reply from Lloyds today about the charges being a service etc etc. Even though i was paying the £10 a month "Fee" for being a gold account holder this obviously wansn't enough.

 

At the bottom again it had the standard "If you're not happy speak to be banking ombudsman" blah blah blah.

 

Another step closer to court now.

[lsba02853]

Finally sent my LBA's off, albeit a week or so late.

14 day countdown starts today!

[lsba02853]

Ok so Friday is the deadline for Lloyds.

Not going to be able to make it to the local court so its the MCOL for me.

[lsba02853]

Bit of advice please.

Time is up for Lloyds after sending my LBA, 26th was the deadline.

 

I've received part settlement from Lloyds (£750 on one account & £375 on the other) but i haven't yet started the MCOL process, mainly due to lack of funds.

 

I'm going to send the rejection of settlement letter, but was wondering will this affect how I complete the MCOL details?

[lsba02853]

Anyone?

[GaryH]

No, complete it exactly the same, just reduce the claim amount by what you've already received, obviously.

[lsba02853]

I accept it may seem obvious, but i was just a little concerned that as I'm highlighting every single item they won't tally up.

 

Do I highlight somewhere that i've received part settlement?

 

Thanks for your time

[GuidoT]

Delete the sums paid from the most recent charges, this will probably mean for it to balance, that you will be claiming for part of a charge.

 

I would show the charges that represent the payments made on the schedule, so that Lloyds and the court can see that you have accounted for these payments so that they are not deducted again.

 

As you are using MCOL you cannot attach the schedules, therefore send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[lsba02853]

Thank you.

[lsba02853]

Finally getting back to this.

Now, the money that lloyds have offered in part settlement. Where do I stand if i take it out of lloyds and put it in another account with another bank then send the letter to say i'll only accept in part settlement.

 

Does anyone think that would affect my ongoing claim?

[BARTY]

Hi

It will do no harm at all to your claim, just make sure you send the letter as well.

Good luck, let us know how you get on.

Barty:)

[lsba02853]

Ok, this kind of fell off my radar.

Sent the letter rejecting their offer as full and final settlement, going to send another LBA today as the last one was a good few months ago.

[pete32]

hi, iv recieved a letter from lloyds sayin they will not pay me the charges for unpaid d/d, goin over agreed overdraft, returned cheques etc, help what do i do know,,,

[curlychic]

hi, iv recieved a letter from lloyds sayin they will not pay me the charges for unpaid d/d, goin over agreed overdraft, returned cheques etc, help what do i do know,,,

 

First ..... you need to start your own thread that way everyone can follow your claim and offer the correct advice, whilst not hyjacking someone elses thread.

If the above was the response to your 'Preliminary request for payment' then you now need to send LBA.

XxXxX