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Kerry vs Lloyds TSB - So it begins!


kerry1983
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Hiya,:)

 

I'm pretty new to this, but I've read, and re read alot of info and posts here.

I think I have a fair understanding of what I have to do.

 

Being a careless and poor student, I managed my basic lloyds tsb account badly (shame on me) but lloyds charges made my life worse (shame on them):-x

I posted off my Step one letter (I used Govan Law centre template, as I live in Scotland), using details from online banking I dated every charge, the amount of charge and reason for charge... totalling £438 from January 2005 to September 2006, not surprisingly I got the bog standard "We don't agree with the OFT" and we're not really interested reply letter.

 

I am now sending off my Step 2 letter, giving them 14 days to reconsider before starting court proceedings.

 

I have a few questions -

 

When I raise my inevitable court action, should I raise it via my local sheriff court, or via MoneyClaim Online? I know that I *can* do both, but which one is more appropriate and easier ?(I'm not lazy, I'm a student):lol:

 

Will Lloyds use my bad account behaviour (I mean regular returned direct debits, not fraud or anything):lol: against me?

 

In what circumstances do Lloyds close accounts? I have set up an account with another bank, who, by coincedence are alot nicer and do everything they can for me!

 

:idea: No doubt I'll have mucho questions to post in the future.:idea:

 

Don't know what I'd do without this site, it's superb.

 

 

Kerry

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Hi Kerry and welcome,

 

I think that if you can it is better to file your claim through your local court. Firstly so that you can avoid Lloyds' Claim too vague reaction and secondly so that you can make your Particulars of Claim as detailed as you wish - something that there isn't space for on Moneyclaim.

 

I don't think Lloyds will do anything other than follow the standard form they are at the moment. If your account is overdrawn when you begin they are very likely to hand your details to their collections dept. as they did with us. If you are interested in seeing the lengths they can go to as an attempt to scare you off then have a read of our thread (link in sig). We have posted every letter from them since we started and all of our responses to them.

 

They haven't closed our accounts yet, but we stopped using our accounts when we began the whole process. The reason we did that was to guard against receiving further charges - and it worked.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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They haven't closed our accounts yet, but we stopped using our accounts when we began the whole process. The reason we did that was to guard against receiving further charges - and it worked.

 

Good luck. Lucid :)

 

Totally, i did this an what a weight left my shoulders, i stopped all telephone contact advising nothing they have to say can not be placed iin writing so making a hard copy for any court hearings in the future.

 

If you go to collections you will be plagued with bad attitudes, it will get you down and achieve exactly what the bank likes and thats to be in your life as a massive haunting shadow.

 

This bank is much easier to control at a distance if they dont like it send the paragraph below in a letter.

 

before i found this site i had to change mobile and home phone numbers.

 

demand the phone calls stop immediately. I have enquired about the legalities of your actions, which can be classed at harassment, and I am familiar with the terms of Section 40 of the Administration of Justice Act, Protection from Harassment Act 1970, Article 8 of the Human Right Act 1990 and the Wireless Telegraphy Act 1949.

 

:)

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:)

 

ok here goes

 

I sent off on Monday, recorded delivery (I heard recorded is the way to go) my step 2 letter......

 

I write in response to your letter refusing my request for a refund of bank charges. I note your position is that I am not entitled to a refund because the terms and conditions of my account allow you to impose charges where I have insufficient funds in my account.

 

I also note your suggestion that I can complain to the Financial Services Ombudsman if dissatisfied with this decision. However, please be advised that it would be inappropriate to complain to the Financial Services Ombudsman where the only forum which can determine a dispute on the legality of charges is my local court. I would ask you to note the following.

 

Your bank insists it can impose charges in accordance with its terms and conditions of contract. However, those terms and conditions are subject to the common law and the Unfair Terms in Consumer Contract Regulations 1999 (UTCCR). Indeed, the UTCCR takes precedence over any contractual term where the court finds a term to be ‘unfair’. The court can then treat that term of contract as having no legal effect.

 

The question that arises is this: are your charges unfair in terms of the UTCCR? 0n 26 July 2005 the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. So what would the court award your bank for my minor breach of contract?

As you will be aware, the court will only award (in a non-negotiated consumer contract) a sum to reimburse actual loss. Your charges do not reflect actual loss. Rather, they include a massive profit margin or penalty. Alternatively, they subsidise the bank's global debt recovery costs and lending losses. There is parliamentary evidence for this assertion.

 

When the UK banks gave evidence to the House of Commons Treasury Committee on how bank charges were calculated they said:

 

"[bank charges] are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (House of Commons, 2nd report, 25 January 2005, paragraph 50).

 

Accordingly, your charges do not reflect the actual loss in my case. They are an illegal penalty charge designed to recover money unconnected with the conduct of my account. Please advise whether you have an appeals procedure, and if so, please treat this letter as a request for an appeal against your decision not to refund charges.

 

If I do not hear from you within the next 7 days, I will raise an action of payment at my local court. In that eventuality, I would require you to lodge in court financial vouching for the actual loss sustained in my case, together with your full financial accounts revealing how much income is generated from your bank charges, as against the cost of administering dishonoured transactions.

 

I look forward to your response.

 

:lol:

 

Attached with a schedule of charges applied to my account, just to remind them of their outrageous charges.

When should I drag my sorry butt down to the court? As I've said, I'm a poor student, I earn about £200 a month, would I need to pay the full court charge of £39? Are there other charges that the court will ask off of me? I am aware that if Lloyds decide to use me as a precedent case, and they win, I'll be liable for their costs etc (good luck with getting that!)

 

I've also printed three copies of everything sent to Lloyds, and I've printed three copies of my statements that include bank charges (getting prepared)

If anyone has had dealings with Lloyds through a Scottish Court I'd be delighted to read their thread. There's far too many to trawl through them individually. I notice alot of claims are for larger amounts than I'm claiming and that worries me a bit, will Lloyds ignore me because it's not alot, or am I more likely to get an offer of settlement?

 

I think I'm going for the 'longest post in history' record!

 

Cheerio!! :o

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Hi Kerry and welcome,

 

When your deadline is up for your LBA you may then start the court process, as your amount is under £750 it would be dealt with in the small claims court. Again as your amount is under £750 you may just be lucky, LTSB tactic latley seemed to be offering a GWG payment of £750 to drop the case (in your case the would just offer the amount you are requesting), however you will just need to wait for a response as every case in different.

 

Regarding if the court would require any other monies from you, that would be no, it is £39 to start the claim and as yours will be done through the small claims you will not need to pay to serve the summons as the court will do this for you.

 

Good luck,

 

Liam.

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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Thanks Barty

 

Got more questions now.....

I noticed quite a few people email Lloyds, and get a response quicker, does anyone have an address I could use?

I sent my letter recorded delivery to Lloyds TSB on Monday, and royal mail system still hasn't updated if it's been delivered, making me think I should email LBA to be on the safe side.

After the 14 days for LBA has expired, and I go to my local court, should I, at that point include the 8% interest on the spreadsheet?

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Hi Kerry,

 

I would say its a personal choice wether you email or post the LBA, I prefared to post it simply because I got the slip from the PO and could say I have proof someone singed for it. I would not say it makes any diference to your claim.

 

If you do wish to email the LBA here is the email of Susan Rice, Chief Executive Officer of Lloyds TSB Scotland, im fairly confident it should find its way to the correct person, her email is [email protected].

 

Regarding your interest, this only comes into play when you have raised the calimed with the sheriff court, you state on the summons you request charges + judical interest @ 8% from date each charge was levied + expenses of bringing the action.

 

Liam.

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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Thanks!

 

Very disappointed in Royal Mail, I posted it recorded delivery on Monday and every time I use their online tracker it tell me to 'come back later' and when I phone they say there's been a delay!

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Must admit, I have never experienced that problem myself, it may just be one of those things.

 

You'll probably find you'll check it and it was singed for 1-2 days after you sent it.

 

Liam

 

P.s Did you get my reply to your P.M

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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Yeah I did, thanks!

I doubt Lloyds will turn up on your date! The cheek of them.

How are you feeling about it? Have you heard anything from them?

I'm going to be such a bag of nerves just going to fill in the N1 form, never mind all the other stuff!

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N1 form? Are you going through the English court?

 

Im feeling quietly confident, someone PM'd me and pointed out a couple of things out to me, and im wondering if the damages part of my claim is going to cause me a problem, Ive got a reasoning behind this part of my claim, however someone has planted a seed and im 50/50 on wether or not this should have been included.

 

Its one week today for my court hearing so I am going to leave it as it is, I have still not had a response from LTSB's agent as yet, thought it would be today at some point.

 

But Im leaving it as it is, when they respond I will take things from there.#

 

You shouldn't be a bag of nerves, you are in the right, they are acting unlawfully, I do know how you feel though!!!

 

Liam.

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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LOL, its form 1 + 1B which is avalible here : http://www.scotcourts.gov.uk/sheriff/small_claims/forms/Form1b.doc for use when the defender is a company or other organisation.

 

You will find details of the small claims process and lots of other info from here : Small Claims

 

Hope this helps.

 

Liam.

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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Update!!!

 

Lloyds TSB deadline is up on Monday, shall I get down to my local court on Monday armed with my £39 and a pen? Shall I take my statements, schedule of charges, and interest template?

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  • 1 month later...

Hi there,

 

Can someone move this thread to won?

I previously didn't have enough money to start court proceedings, and was about to start them this week.

I have just received a letter stating the full amount will be credited to my account in a few days.

Once cleared into my account I'll make a donation.

 

Thanks for all the help!

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