Crystalcag vs LloydsTSB

[crystalcag]

Hi Everyone,

 

Story so far.... I sent an S.A.R - (Subject Access Request) in August (unregistered and without a £10 cheque), and received no response - sigh....

 

Sent another S.A.R. on 18th October and received a reply including copy statements on the 11th November.

 

Since then I have completed one of Vampiress's spreadsheet "Throughout claim with compounded contractual interest" listing all the charges and interest. BUT I am confused - have been reading conflicting recommendations. Some people say include interest now (as it can be used to barter with) - some say not to include interest until the court stage.

 

I'm scared that I really know what I'm doing at all and would really appreciate some pointer to a thread that puts things very simply. I do not understand the different types of interest...and feel a complete fool.

 

There is SO MUCH TO READ!!!!!!!

 

Candy

[lucid]

Hi Candy,

 

Don't worry at all about having to ask questions. It's much better to ask than to get it wrong when it's too late.

 

You say you've used the "Throughout claim with compounded contractual interest" spreadseet so I'm assuming you've made the decision to ditch the statutory interest (8%) and go with the newer method of charging the bank interest at either their own authorised or unauthorised borrowing rate. In that case you don't need to panic abou eharing conflicting advice.

 

If you are claiming statutory interest you don't include it until you file your claim at court. Whereas you can include contractual interest from the start. So if you are claiming contractual then you include it in your prelim and at every stage onwards.

 

Good luck with your claim.

 

Lucid

[crystalcag]

Thanks for your reply Lucid, Oh dear - as I thought I was confused. I thought I had used the "Throughout claim with compounded contractual interest" spreadsheet but changed the name when I saved it so I'm not entirely sure. I'm more familiar with Excel than Google spreadsheets so it's taking me a bit of getting used to. It looks like it does use a rate of 8% though. Could your give me an idiot's guide to which spreadsheet to use? (I'm sure there is a huge amount on the forum already!)

[crystalcag]

aha! I'm beginning to understand - have just found some more useful threads.

[lucid]

Candy,

 

If you want a very good excel spreadhseet then use the link to our thread and go to the bottom of the first post where you should find Mindzai's signature. Within his signature he has a link to download his spreadsheet. You should find it easy to use but there is a notes page explaining all. This spreadhseet calculates both statutory and contractual interest.

 

Lucid

[crystalcag]

thank you! it looks fantastic!! good luck with your claim. Really appreciate your help.

C

[crystalcag]

I sent my preliminary letter off on the 9th March with a schedule of charges + contractual interest (total £4,047.25). I received a fob off reply on the 22nd (together with a "voicing your concerns" letter). This morning I received an enforcement notice asking for immediate repayment of an overdrawn amount. It's got me worried (all part of their masterplan)... I went over my overdraft limit because of charges but they then extended my overdraft to cover more charges (£350) they were going to take (doing me a favour) - I spent the money (juggling between robbing banks so that I can pay the rent!) which meant I went over my new limit by £178.07. Here is the letter they sent me. What should I do? I know I can do this - but I feel really intimidated

The terms of the above Overdraft Agreement include the rights of the Bank, at any time to terminate the Agreement and to demand immediate repayment of the overdrawn amount.

We hereby give you formal notice of our intention to terminate the Agreement on 2nd April 2007 and to demand payment of £178.07 plus interest, which is accruing daily.

The amount payable is based on the balance at todays date plus accrued interest and charges. The balance will need to be adjusted to allow for any further debits or credits to the account. In the meantime your right to withdraw is suspended; you should not write any more cheques, and no other payments out of the account (standing orders, direct debits etc.) will be made.

If you are unable to make this payment you may be able to avoid further action by telephoning us now on 0870 - 2424760 to discuss repayment proposals.

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT, OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU (OR ANY SURETY) MORE TIME*

——————————————————————————————————————————————————

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE, FOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS ADVICE BUREAU.

[Butterflycollecter]

As your account is in dispute you can challenge this . carry on with your time scale and don't be put off....... they are trying to intimidate you !!!

[Butterflycollecter]

I would contact the bank using the number provided informing them of the current situation. To be honest ive always found lloylds really understanding in these situations !!!! (im currently on special measures with the bank ) maybe you should open another bank account just in case.

[crystalcag]

Thanks. I telephoned them and they've agreed to let me pay back £20 a month and are going to stop interest and charges from the beginning ot the month (is that special measures?). I'm fuming though because they make it sound like they're doing me a huge favour and all it is really is a money making scheme for them. grrr

[crystalcag]

Ok I'm really fuming now!

 

Have just read the thread help..enforcement notice I now realise that I allowed myself to sink back into the underdog position!

 

I have been pushed into "agreeing" to their ridiculous terms for too long!!! I can't believe what I just did! I agreed to pay Lloyds TSB £20 a month to cover "an unauthorised overdrawn amount" when in fact they owe me over £4,000

 

So I'll just have to write and retract what I said on the phone... Although I'm petrified of getting it wrong I have to start somewhere if I'm going to stand up for myself.

[crystalcag]

Just thought I'd ask the forum and see if anyone has some advice on what to do next... I sent my LBA on the 30th March - I received 2 standard replies from the Andover Customer Service Recovery Centre "thank you for getting in touch with us. I am sorry you are unhappy with your account charges - blah blah" one from Sarah Brooks on the 2nd April and another from Debbie Gilbert (Team manager) on the 30th April. Since then I've been gathering info and sorting out my POC - I now have everything I need to issue a court claim - except the £120 court fees! (I am eligible for exemption but am awaiting a letter to prove my income) On Saturday I received a letter from Stuart Ross offering me £675 (in full and final settlement) (my claim is for £4,458.76 inc. compund interest). I'm not sure why it's so unnerving to receive 3 replies - it all feels so out of control! Anyway I'm not going to accept the £675 but am a bit concerned that I am having to delay matters and that replies are coming so late on. Could this be a problem? Is this standard procedure for LLoyds? Thanks for your help

[BARTY]

Hi

Send one of the letters from here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

Then start the Court claim, you have nothing to worry about.

Good luck, let us know how you get on.

Barty:)

[crystalcag]

Thanks Barty I sent a rejection letter today...gave them 7 days to pay up... Am very nervous about the whole court thing... glad to have the CAG site & support - it's fantastic

[crystalcag]

I am a total idiot! Please could someone give me some advice to help me get myself out of a horrible mess I've made?

 

LLoyds still haven't taken the money they paid into my account. I'm desperate for rent - lost my job 6 weeks ago - didn't know where to get the rent from so I transferred it from my Lloyds account. (It's about hald of the "goodwill gesture") I haven't used my Lloyds account for months - following recommendations to stop money going in and out. I can't believe what a fool I am. Even as I pressed the button to send I knew it was stupid. Is there anything I can do? Now that I've rejected their offer and asked them to take the money out - spending it is totally stupid. Could I have wrecked my whole case?

 

I still haven't submitted my N1 as I haven't got the court fees...also am thinking of changing my POC in light of the new precedent.

[BARTY]

Hi

You have nothing to worry about, I have never known Lloyds take the money back.

Barty:)

[crystalcag]

Thanks Barty!!! I don't know what came over me...! Whatever happens anyway it can't be that bad. Feel a bit less frantic now thanks

[crystalcag]

I'm in the process of filling out an N244 form to apply for the stay to be lifted. I've just noticed that on the Order send to me by the Court I only had 7 days in which to apply to have it lifted!!! The date on the letter is the 16th August.

 

I know I should have read the thing in detail but I didn't. However I feel slightly positive as all time limits seem to be fuzzy anyway. Lloyds were 2 weeks late in filing their defence. It came in the same envelope as the stay letter - Both were dated the 16th August and I didn't receive them until late last week (I can't remember the exact day unfortunately - so I could still be within the 7 days).

 

Does anyone have any ideas - or advice ?

 

Thanks

[crystalcag]

As it turned out the time limit was irrelevant and I've just received a Notice of Hearing of Application informing me that the hearing is on the 2nd October .

 

I'm now researching what I need to know/take/do but if anyone can point me in the direction of a thread or give me some help I would really appreciate it.

 

Thanks

[crystalcag]

I've found a really helfpul thread by zootscoot

bundle for stay hearings.!!!

 

In it she says:

Your bundle will need to be indexed and paginated. Follow court Directions as to submission. If no Directions are given, try to get your bundle to the court and a copy to the Defendant at least 7 days before the hearing.

 

However my hearing is in 7 days!!! I'm still trying to understand the whole thing let alone gather all the info together so what should I do? SHould I still send it to the court & SC&m - even if it is just before the hearing date?

 

Can't believe it - after waiting and waiting and waiting it's suddenly looming!

[crystalcag]

I've just spoken to the court. Apparently there is a group of us going to the hearing at the same time. I haven't heard of this before - how can that be?

[crystalcag]

I don't know how I missed this and haven't posted before - SC&M submitted an 11 point defence

 

The hearing for the stay removal is tomorrow so my head is spinning. I'm trying to put together a skeleton argument. Re-read the defence ... I've tried searching for someone with a similar one but can't find anything.

 

If someone would be really kind and have a look & let me know what you think pleaaase do.

 

Once I get the scanner to work I'll post it up here !

[GuidoT]

Not unusual to block list cases, as most cases pre OFT announcement settled prior to the hearing.

 

Here is the standard Lloyds defence to save on typing or in case the scanner in kaput. 11 points is not that unusual, additions relate to pre 6 years defence and something else.

 

Nothing to be concerned about, do not worry it is unlikely they have not picked you out to craft to a defence of legal wonderment.

 

Do not worry about the defence for now, concentrate on the stay arguments, in case you have missed these:

 

OFT Stay Removal

More OFT Stay Removal

Stay Forum

[crystalcag]

Thanks Guido - I needed to hear a calm voice of reason! I just read my last post and I sound a bit insane. Perhaps I can claim compensation - or therapist fees!?