Toby versus LloydsTSB

[tobyspencer]

Hi Guys

 

I've decided to start my own thread for my case against Lloyds. At the moment I don't even know how much I owed, but to be honest I don't think it will be more than a few hundred.

 

I sent my Data Protection Act letter to Lloyds requesting a list of charges back in December, but they haven't received it yet. Royal Mail say I have to give them 15 working days to deliver a letter sent 1st class recorded, but I think if it hasn't arrived by now (it was sent on the 22nd) it's never going to.

 

I sent the first letter to the Gresham Street address I found on this site, but I'm not sure if it's the right one. Now that I have a second chance, can anyone recommend a better address?

 

Regards

 

Toby

[lucid]

Hi,

 

You could try sending it to:

 

Senior Manager

Data Protection Dept.

Lloyds TSB Bank PLC

The Pentagon

48 Chiswell Street

London

EC1Y 4XX

 

Although I do know people who have successfully sent their SAR to the address you've mentioned above. You can also hand it in to your local branch and get them to sign for it - I think.

 

Lucid

[Rooster-UK]

Hi Toby.

 

The Data Protection Register gives......

 

LLOYDS TSB BANK PLC

25 GRESHAM STREET

LONDON

EC2V 7HN.

Did you remember to enclose the £10 fee. Have they cashed it?

Remember that they have 40 days to comply.

Regards, Rooster.

 

 

[tobyspencer]

Hi guys

 

Just an update for you. At the begining of January I sent a letter to Lloyds requesting a list of charges relating to two accounts I have with them - a current account and a credit card account. I didn't actually say 'I would like a list of charges relating to my current account and credit card account' I just listed the sort code and account number for my current account and my credit card number underneath that and asked 'for a list of charges relating to the above accounts'. To me that seemed obvious that they were two seperate accounts as the sort code and current account number have no relevance to my credit card.

 

I have now received a set of statements for my credit card, but not my current account. Should I wait to see if my statements for my current account arrive, or should I write to them explaining that my original request was for TWO seperate accounts, just in case my letter wasn't clear on that?

 

Regards

 

Toby

[tobyspencer]

Well it's been a while since I last posted, but until now it's all been fairly textbook. I had the usual replies from Lloyds about how their charges are fair and that it's no use arguing blah, blah, blah and have filed my claim with MCOL. SC&M acknowledged the claim with a couple of days to spare giving them an extra 14 days, but that ran out on the 16th and they have not yet filed a defence.

 

What should I do? I read in another thread that I should write to them to give them another 7 days, but by the time they receive the letter they'll have had 6 or 7 extra days already. Is it still better to write to them before applying for a judgement by default, just as a sign that I've been considerate and more than a little generous?

 

Also, if in my letter I should ask one last time for payment, presumably I should ask for the pre-8% amount (plus MCOL fee) as the 8% is only added if it goes to court. Is that right?

 

I welcome any comments.

 

Toby

[broke dave]

I would go on to MCOL and request judgement. Didn't you put the 8% interest on when you filed on MCOL? If not, you should have done. as this is the court stage (MCOL is, if you like, an on-line court).

[tobyspencer]

Yes I added the 8% when I filed, but if I were to write to Lloyds (or SC&M) giving them a chance to settle before going to court, can I still claim the 8% interest?

 

Regarding applying for a judgement by default, as I understand it, I don't 'win' my case, rather Lloyds will apply for a set aside which could cause even more delay. Isn't it better to have something in writing showing that I gave SC&M enough opportunity to enter a defence before applying for a judgement? In fact, isn't it better to not apply for a judgement by default at all? Has anyone actually ever got their money back this way?

 

I shouldn't be surprised if this is just another delay tactic - don't submit a defence, wait for a judgement by default, then apply for a set aside and score themselves another few weeks delay.

 

Thanks for your comment Dave. I'm really tempted to just apply for a judgement, but I'm concerned that it won't accomplish anything in my favour. I'm a little confused about what will happen next. Has anyone else faced this situation?

[jshtr3]

Hi, yes i got judgement in default a couple of weeks ago. The reason you write giving a further 7 days is so that you can show the court you have made an effort to get them to defend your claim. If they apply for a stay or set aside you are more likely to succeed when you objest to the set aside. If they don't reply within your timescale you request judgement. If you haven't seen it already this will help http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[broke dave]

I agree with the above; but it is an interesting comment you make about the delay tactics. I don't think you can make anything happen any faster whichever decision you make.

But yes, get the 8% as well. Anything else shows weakness to them and they push it even further.

[tobyspencer]

OK, it seems they entered a defense with a couple of days to spare on the 13th, but the info on the MCOL site wasn't up-to-date. Any idea how long I should expect to wait before I get a copy of their defense?

[BARTY]

Hi

It should be in the next few days hopefully.

Good luck, let us know how you get on.

Barty:)

[tobyspencer]

Hi all

 

Just a quick update. I received a letter today from SC&M advising me that Lloyds are giving up and paying me the full amount. I have to sign and send back their letter agreeing to their terms and then it's just a matter of time.

 

Thanks to everyone for their help. When the money is in my account I'll be sure to make a donation.

 

Toby

[nicsussex]

I take it that they will be their standard conditions - if you are not happy with agreeing to any of them then just cross them out and send the letter back signed.

 

Congratulations by the way

[BARTY]

Congratulations!! :D

Barty:)

[tobyspencer]

Right, I've signed their letter and faxed it back to them. Can I assume that that's enough and that I'll eventually get my money back or should I post a copy of the letter to them as well?

 

I received a letter from the court yesterday giving instructions for what to do next; obviously they don't yet know that Lloyds have settled. I understand that it is my responsibility to notify them and that I can use the 'Notice of Discontinuance' template letter to do this, but obviously I won't do this until I have the money in my account.

 

However, one of the instructions in the letter reads 'The Defendant shall not later than 4pm on 16th July 2007 serve on the Claimant and lodge at Court a document answering the following questions: (a) Is the case intended to be contested to and at trial? (b) Does the Defendant intend to apply to adduce expert evidence?' Will Lloyds simply have to tell the courts that they don't intend to contest?

 

Sorry if this is a daft question but I'd just to know if there's anything else I should be doing.

 

Regards

 

Toby

[nicsussex]

Excellent order from the court expect them to settle very rapidly