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Suing Lloyds Tsb and loving it!!

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Hi everybody.. this is my progress to date.

 

I started writing to my branch on 25th Sept 06, standard letter from the internet listing all the charges made against my account back six years, and asking for them back in line with the OFT ruling we all now know and love.

 

The usual response 'we're sorry about your dissatisfaction with our thieving but that's just the way it is letter' came about four days later and so I answered it with a more formerly letter suggesting that I would take it further and that writing to the formerly Ombudsman was not appropriate (as they had suggested).

 

After this they referred the situation to the Customer Service Recovery Centre and told me that they would be in touch shortly.

Then came the second 'we're sorry about your dissatisfaction with our thieving but that's just the way it is letter' but this time they stated that there would be no further correspondence and invited me to go elsewhere for a bank account. I wrote back and told them I would take it to the courts within seven days and then did so.

 

I filed the claim on the 28th November and was acknowledge on the 7th December with a note that Lloyds intended to defend the claim.

On the 21st I received Notice that a defence had be filed.

 

The defence is one that states that By opening an account I have entered into a commercial agreement etc... There is no breach of contract... the charges are for banking services and are not a penalty.. usual scare tactic rubbish by their solicitors to make me go away...

 

I now have to send off my Allocation Questionnaire, and now having discovered this site have filed it in as directed and used the following for box 'G' (other information)

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

I have until the 8th Jan to send this in and will take it to my local court personally. I will keep this board informed of my progress in due course.

Of course, advice from other members will be greatly appreciated and I am more than happy to email details of my letters sent to date to anyone starting out. My claim is just under the £1000 mark.

 

Thanks for the site people. Lets all make them pay.

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Great info - I've only just begun -thats a song isn't it? - They i.e Lloydstsb owe me well over 2k over 4 years I haven't got the prior year data from them yet but will be asking for that back as well. I need a new TV, Flat screen obviously so hope they can pay you quickly so they can work on my claim.Best of luck

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Order the flat screen... take the advice from this site and beat the b******s.. and dont forget a donation when you do win!! And if you need further help dont hesitate, I can bring you up to speed as far as I have gone so far.

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When you take it to your local court don't forget you will need 3 copies of each item you are handing in.

 

Can you also contact a moderator ( name in green ) with your claim details as set out in the litigation in progress forum , thanks .


When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Hi, I think we're onthe same timeline. Got to get my AQ in for the 8th too - did you get a N149? Been confused about that section G...

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I filled in that section with the text I have quoted above (see the italics) but it does depend on what Lloyds solicitors have used for their defence. I am not sure I have used the best available, best ask a moderator. Good luck for the 8th.

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Guess what, checked my account this morning and found yet another charge because Lloyds took five days to clear a direct debit paid to me which put me £14 over my limit. In an effort to make this stop I have composed this letter which I will send today. I imagine the response will be standard but I am trying to avoid court for every b****y charge in the future. We'll see. letter below....

 

Dear Sir,

I note this morning with some regret that your automated system has charged me the sum of £30 directly out of my account which I believe to be in response to my account being drawn over my overdraft limit.

The limit was breached by the sum of £14.27 for less than one day on the 4th of Dec 2006.

I fully understand that Lloyds Tsb must incur an expense when it is necessary to either return a payment or notify a customer when an overdraft is exceeded.

Please note that I am happy to reimburse the banks expense in this instance, but the sum of £30 charged appears excessive for the posting of a computer generated letter. However I am more than willing to concede this point should Lloyds justify the sum in total.

Please note that banks have a fiduciary duty towards their customers and have a duty to deal straightforwardly and in utmost good faith. I therefore request that you send to me a breakdown of your charge to quantify the amount so that I can reassure myself that this is a charge for a service and not the penalty which it appears to be.

If for whatever reason you are unable to do this, in order to maintain a trusting and fruitful business relationship with Lloyds Tsb, I respectfully request that you remove this charge and reimburse me forthwith, also please ensure that no more charges of this nature are levied on my account.

Yours truly,

 

What do you think?? Will they stop charging? shall I ready the pigs for flight? icon7.gif

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Just came back from handing in my AQ and guess what, Lloyds have backed down and offered me a full settlement. It was attached to their AQ and marked Without Prejudice etc.. they have offered me the refund provided I dont persue further claims, the offer is to be confidential (oops... perhaps I shouldn't tell you all???!!) and, I must contact my Bank Manager within 14 days to 'review' my banking needs.

 

Here's what I am considering.

 

I will write back saying that I accept their magnanimous offer but I will retain the right to claim should any further illegal charges be brought against my account.

 

I will contact my Bank Manager and if he threatens to close my account for any reason I will write to the nationals enclosing copies of all my correspondence and subsequent success. That should take care of their confidential clause as well.

 

 

Onward people... go get 'em.

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I will write back saying that I accept their magnanimous offer but I will retain the right to claim should any further illegal charges be brought against my account.

 

unlawful ;)

  • Haha 1

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Here is my intended letter to Lloyds Solicitors in return to their conditional settlement, it's always best to start politely then as Moderator MJanet has shown in this thread Go for the throat when they play up.

Sechiari, Clark & Mitchell

Dept SO, PO Box 499, Upper Ground Floor,

1-5 Queens Road Quadrant,

Brighton.

BN1 3XJ.

Your Ref: SO/MFT/Lane

Thurdsay 4th January 2007

Dear Sirs,

Ref: My Claim against your client Lloyds TSB Plc, In the Cambridge County Court, Claim number XXXXXXXX.

Thank you for your letter dated 2/2/07 in which you state that your client is willing to settle for the amount of £973.48 which you state would be in full and final settlement of my claim.

Unfortunately there appears to be conditions attached that I am unwilling to accept.

You state that it is the Bank’s opinion that there is no merit in my claim, this statement is astounding given the volumes of claims against the banks for unlawful charging that are being won at this time. Indeed, the majority of the claims are not even being fully heard in court having been settled or won by default because the Bank or representative fails to attend.

The fact is that the charges in question are unlawful, and therefore your client has no tangible defence against my claim and you should therefore be aware that I am prepared to continue to press this action to conclusion.

You also state that “the costs of resolving a dispute can easily exceed the amount in issue” but surely if your clients were confident of resolving this action through the court, they would do so in order to set the record straight allowing them to continue to levy these charges.

May I also point out that there is no unilateral imposition of confidentiality in these circumstances as you must fully realize, and for you to say otherwise is an abusive deception.

Here, therefore are my conditions for the settlement of my claim.

I agree to the amount stated £973.48 (Nine Hundred and Seventy Three Pounds and Forty eight pence) being a full and final settlement of this claim and this claim alone.

I agree to make contact with the Manager of my branch within 14 days of the funds being credited.

I agree that this settlement will be paid into my Platinum account.

But this to be subject to the following being strictly adhered to.

1: Your client agrees that my account and overdraft facility remain.

2: That 100% of the funds are paid within one week of the date of this letter.

The above conditions are generous given the distress and hardship that I have suffered when funds were unlawfully removed from my account, and also given the amount of time and other costs including interest, that I have not claimed for.

Yours Faithfully. Me

The only problem that I have with all this biz is that we are lining the pockets of the solicitors who ar probably loving all this back and forth. This irks me somewhat, but I guess its a 'must do'

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I would send a much shorter letter then that Just stating that you will accept the offer in full and final settlement of this claim only , that you will not accept any conditions and that you will deem this claim settled when the full amount ( all your costs including what you have just paid for AQ .. interest to date etc )is recieved from them .DEFF take out your condition of them allowing you to keep the overdraft . 1 you have no right to put this as a condition 2 it highlights to them that you need the overdraft and as the bank have the right to withdraw your overdraft at any time the last thing you want to do is point this out to them.

 

I can see how much work you have put into this letter so I'm sorry to tell you that in my opinion it is to long and you are giving them to much against you .. but this is only my opinion :(


When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Upon advice, I have shortned the letter to this..

 

Thank you for your letter dated 2/2/07 in which you state that your client is willing to settle for the amount of £973.48 which you state would be in full and final settlement of my claim.

Please note, I will only accept the offer in full and final settlement of this claim only,

I will not accept any conditions and I will deem this claim settled when the full amount as stated above is paid.

And finally 100% of the funds are to be paid within one week of the date of this letter.

Yours Faithfully.

I jus' got carried away.........

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Upon advice, I have shortned the letter to this..

 

Thank you for your letter dated 2/2/07 in which you state that your client is willing to settle for the amount of £973.48 which you state would be in full and final settlement of my claim.

 

Please note, My claim total to date is £XXXX ( put the amount of your claim + interest to date + costs to date ) this includes interest to date and my fixed costs attributable to issuing this claim.I will accept this amount in full and final settlement of this claim .

I will not accept any conditions

I will deem this claim settled when the full amount as stated above is recieved by me and I will then inform the court in writing that the claim is settled .Until that time my claim will continue

 

 

 

Yours Faithfully.

 

I jus' got carried away.........

 

I have tweaked it for you ;)


When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Tis done.. thank you. Progress will be posted.

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Case WON no problems. Please move to the correct thread folder.

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