Chrisi v Lloyds TSB

[Chrisi]

Initial enquire sent on 2nd April about two accounts which were closed back in 2002, one having accumulated numerous charges. They replied saying that the accounts were opened in 1999 and that there were more than 60 statement covering the entire period when the accounts were active. Also said it would involve a lot of work to produce all that information and that they needed either £5 per statement or a total of £10. On 6th April sent them formal DPA letter and a tenner requesting copies of all statements. No reply yet, but no doubt all that work pushing a few buttons will take a while.

[HD]

Welcome to the forum.

 

I'd get a confirmation of receipt of the DPDR from Lloyds. Remind them that the clock is ticking and how long they have got left.

[Chrisi]

Will be ready to start chasing this one soon I hope, once I get Capital One out of the way.

 

Got a letter from them in May saying that as the current address is not the same as the one where the account was registered, they could not send the information, but I would have to collect it from a local branch. Sent back the form nominating my local branch and including a contact telephone number for notification when the papers were ready for collection. I remember getting a phone call to let me know that they were ready for collection, but with one thing and another and ill health, the Lloyds paperwork got put on the back burner for a while.

 

Called into my local branch today and asked for my documents. Guess what? They heaven't got them, don't know if they every arrived, and have no idea where they might be. Went home and called the Copy Statement Dept. A very helpful lady found my file instantly and cofirmed that there was a note there saying that the papers had indeed gone to my local branch via internal mail. Good old post office not to blame this time!! She called my branch to make sure they really hadn't got them and assured me that they would be redone, sent out again, and hopefully I would recieve them within a week.

[Chrisi]

On 10th November I wrote to Lloyds, London address with prelim letter. Got reply dated 1st Dec. from Lloyds Customer Service Recovery Centre in Andover, refusing any refund and referring me to the Financial Ombudsman. On 8th Dec I sent LBA and got letter back dated 20th Dec. making a final offer of approx. half of what I am claiming.

 

With Christmas and New Year all got put on the back burner for a while. Just after New Year I drafted a letter back saying that I would be pleased to accept the payment as a interim payment but would have to persue through the courts for the balance if necessary. This letter didn't get posted. Today another letter arrived from Lloyds, Andover, enclosing cheque for the amout they had offered. I have now re-drafted my letter saying thankyou for the interim payment, but I as they had stated it was their final offer, I am not able to accept it as a full settlement, but persuing through the courts for the balance.

 

The claim is for charges dating back to 1999. No mention was made of it being outside the time limit. All this came from the Andover address.

 

I thought Lloyds had a reputation for being a bit tougher than some of the other banks. Are they begining to see sense, or have I just been lucky with this one so far?

 

I'm now working on issuing the summoms. I'm assuming it will have to go to the registered office in London. Is this correct, or has anyone sent their summons to a different address?

[The Capitulator]

Hi Chrisi

 

Great result, It is strange that you seem to have slipped through the "six year rule" what was the approx value of your claim i.e. less than £500? more than £2,500? more than £5,000? if it was the smaller value this may be the reason for their capitulation (pun intended;) ) but if it was a much larger amount then I don't have an answer. -maybe some of the more experienced members could chip in with a view?

[Chrisi]

The original claim was for just under £1,500. It will now be for £670ish plus interest now - and court costs. They really should have settled in full - it would have been so much cheaper for them.

[Chrisi]

This one is underway now. Finally got all the papers , but still had to put it on the back burner for a while. Anyway, finally got round to issuing prelim letter, then LBA letter - got the £750 goodwill gesture and wrote back saying thank you for the interim payment, but would see them in court as their last letter had said it was their final response.

 

Court papers filed in Staines and deemed to be served on the 17th January. Very rapid response from Lloyds acknowledging service on the 22nd., and on the 24th they filed a defence, notice of which I recieved on the 25th with allocation questionaire. I've got until the 12th Februiary to get it back to the court.

 

Time to start trawling through this site for inspiration and information.

 

Haven't got around to looking at the court bundle yet, but from what I have read there is quite a bit of paper to deal with. SC&M filed their defence by fax. Can I send stuff to them by fax saving time and postage. Their fax number is on the top of the pages sent to the court. Any one any throughts on this?

[GuidoT]

Just to help with completing the AQ:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-8.html#post481560

The new strategy should help speed things up.

 

Save the AQ, usually the only document you have to send to SCM is the bundle, which due to its size it would be inappropriate to fax.

[Chrisi]

Hi fellow Lloyds bashers,

I've just about got my head around the AQ and got it filled in. New Draft Directions attached. BUT think I've made an error in my original list of charges. Can I amend it now or is it too late? Or do I let it go through now and if it's spotted, agree to an amendment at a later date? On the other hand it would do me a favour to correct now as the claim is for just over £1500 and with the correction it brings it down to below the level for having to pay the extra £100 for the AQ

 

I intend to take the AQ to my local court on Monday 5th Feb so has anyone got any thoughts on this?

Chrisi

[livelylad]

Hi fellow Lloyds bashers,

I've just about got my head around the AQ and got it filled in. New Draft Directions attached. BUT think I've made an error in my original list of charges. Can I amend it now or is it too late? Or do I let it go through now and if it's spotted, agree to an amendment at a later date? On the other hand it would do me a favour to correct now as the claim is for just over £1500 and with the correction it brings it down to below the level for having to pay the extra £100 for the AQ

 

I intend to take the AQ to my local court on Monday 5th Feb so has anyone got any thoughts on this?

Chrisi

 

 

An amendment now will cost you £35 which you can not reclaim. If you wish to amend the claim you will need to complete an N244 and submit it to the court.

[Chrisi]

Thanks livelylad,

I had read that somewhere, but it had completely slipped my mind. Think I'll leave it for now. Lloyds didn't pick up on it when they received my copy of charges with the summons, but no doubt they might do later. They didn't query that the accounts went back to 1999 either - just sent their standard defence that they are right, etc. etc , not unlawful - service charges, not penalty, etc. Probably wishful thinking, but maybe they will continue to give little attention to detail and just pay up.

Chrisi

[GuidoT]

Chrisi - I too would leave it, if you file an amendment you are likely to be delayed by a while. Lloyds are generally issuing offers around AQ time now anyway, see what that brings (if anything) and then review your decision.

 

They picked up within my offer that I claimed back over 6 years, have a look at my thread as I am just in front of you. I have seen SCM make offers that include the AQ fee when it has not even been paid.

[MARTIN3030]

Chrisi.......2 threads merged.

[Chrisi]

Thank you Martin for sticking these two threads together.

 

Well the AQ is now all filled in and ready to go. As SC&M can fax their docs to the Court, I see no reason why I cannot fax docs to them. The fax machine I use spits out a confirmation that all has arrived safely. It is still within plenty of time to ge one in the post as well if they say this is a no-no for some reason. This is the covering letter I attached in front of the five pages I sent i.e. 4 pages of AQ and a copy of the Draft Directoins. I also wrote their reference number at the top of each sheet.

 

If any one wants to use it, feel free.

 

(6 Pages)

Faxed to: 01273 745356

my name and address

 

Your ref: 000000 4th February 2007

 

 

Messrs. Sechiari, Clark & Mitchell,

P.O. Box 499,

Upper Ground Floor,

1-5 Queens Road Quadrant,

Brighton,

East Sussex,

BN1 3XJ

 

 

Dear Sirs,

 

AAAA.AAAA -v- Lloyds TSB Bank plc - Claim No. 000000

 

I attach hereto a copy of my Allocation Questionnaire, together with a copy of the Draft Order for Directions, as delivered to ......... County Court in respect of the above action.

 

I trust I will receive a copy of your Allocation Questionnaire shortly. It can either be posted to the above address or sent to my direct fax number which is 0871 000000.

 

Yours faithfully,

 

 

 

The fax number I'm offering for their docs to come to me (if any materialise) is a freebie incoming only from Lycos. It's an 0871 number. No cost to me....no postage, no extra paper, no ink.

[Chrisi]

Quick update.

Took AQ into my local court today. The lady behind the counter asked if I had sent a copy to the other side. I said I had faxed it and asked if that was OK. She replied that she could see no reason why not. I asked her if any of these claims against the banks had made it into this court. She knew nothing about all the banks being challenged for their charges, so, of course, I gave her the web address of the CAG site for all the information she needed.

 

I also asked her if she knew when I might expect a court date. She replied "a few months" I hope she's wrong. I thought the new draft directions speeded things up a bit. Just have to wait and see.

[GuidoT]

The new directions should speed things up, but that does not mean the case is listed for hearing any earlier.

 

The new directions give the judge the option of ordering that Lloyds file their documents within 28 days of when the order is issued and when invariably they do not, their defence is struck out and you win by default, this should occur a few months before you obtain hearing date.

[Chrisi]

Nothing was happening, we went away on holiday for a week and came back to find that a Notice of Allocation to the Small Claims Court at Guildford (hearing) had been issued for the 14th June at 1030 The judge had decided to ignore my request for the papers to be filed within 14 days I originally filed it in Staines. When I rang to ask them at Staines why it had been transferred, the nice lady told me that there were so many of these claims that they were all going together to Guildford The paper says it will take no longer than 1 hour and everything has to be filed no later that 14 days before the hearing. It's going to be the middle of June before this one is finished!

 

I'd better get started on the Court bundle soon. It really does seem so unfair that we have to do all this preparation work when SCM apparently do nothing at all and just settle without doing any paperwork. That's enough whingeing. Back to work and get that bundle underway.

 

Halifax is waiting in the wings and I might just have to start that one before the end fof TSB,

[Chrisi]

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