KevinBacon Vs Lloyds TSB

[kevinbacon]

I would like to start a claim against lloydstsb for unfair charges on my account which i estimate to be over 2000 pounds over the previous 4 years.

 

I am new to this forum so any advice on how to do this will be gratefully received. I am currently browsing forum threads to gain required information.

 

I see other members have threads for their own claims and the level of progress they are making. Hopefully this will keep track of my progress against the greed of the banking industry! Wish me luck

[Rooster-UK]

Hi Kevin.

 

Start by spending a few days reading the FAQs and the step by step guide in the library section. That will answer most of your initial questions and show you what is involved.

 

Read some of the longer threads in this forum to get an idea of dealing with Lloyds.

 

If you follow the well-tried and tested procedures suggested on this site....... You won't need luck.

 

Regards, Rooster.

[kevinbacon]

I gather that my first step would be to write a letter to my bank requesting copy statements of charges incurred by myself through returned direct debits and unauthorised overdraft usage. I can request this within a 40 day period and is it right that they cannot charge me their standard charges for copy statements? I don't want to be handed a bill of 5 pounds per sheet. I read in the forums that it is a maximum total charge for 10 pounds to request this information from them?

 

I have found the template letter needed so I will send out and then start the task of adding up the total amount of unlawful charges on my account. That should be fun lol

[BARTY]

Hi and welcome!

Yes the maximum they can charge is £10, so you should put a cheque/postal order in with your letter. Also send it recorded delivery as LTSB tend to "lose" a lot of these requests;) .

Good luck, and keep us informed on how you are getting on.

Barty:)

[kevinbacon]

Figured i'd go checkout the online statement search facility and i managed to track charges and interest from 02-07-02 to present totalling 2252.46. :o

 

It said online statements prior to 1st july are not available online so i will have to sit and wait for the reply now.

 

another 16 months worth of charges possible there though wooo!

[kevinbacon]

Arghhhh it's now been one month since I sent the data request letter and no response. The cheque I sent has not tried to be cashed either. What should I do? Another letter to remind them? or try calling them? If so does anyone know the best number to call?

 

Thanks again

[BARTY]

Hi

Try 0117 943 3133.

Barty:)

[kevinbacon]

Thanks Barty, I managed to find the birmingham number in the helpful contacts thread. I called them last week and it seemed they were fobbing me off saying they had no record of my letter. She said to call back this week and check again.

 

Well I just called and they confirmed receipt of my requested and assured me it would be out before the 10th of March (the 40 day limit) woooo! I'm sure i'll need a hand with the next step....figuring out how much they owe me

[kevinbacon]

I received my list of charges today!

 

I have completed a schedule of charges on a spreadsheet. It lists the charge description, the amount, the date charged to my account, number of days charge has been applied and finally calculated interest of the charge. This has been set at 8%, how do I know if this is the correct interest rate I should be trying to claim for? I think it's too difficult to figure out the interest they charged me for what might be another £20 or so.

 

I now send out a premilinary request for repayment of charges made on my account?

 

I'm just wanting to double check as I don't want to stuff it up and end up with nothing lol

[BARTY]

Hi

The 8% is the statutory interest you will recieve if your claim goes to Court. I think you are getting it mixed up with the Contractual Interest??

Yes send the Prelim letter now.

Barty:)

[kevinbacon]

Well they have replied, it looks like a standard letter and then an even more standard response attached. It says they will try to respond to my complaint within 2 weeks and then refers me to the 2nd page which details their complaints procedures may take up to 8 weeks but most will be resloved or replied within 4 weeks.

 

Should i give them the 2 weeks? or should i send another letter as the first 14 days has now passed. I'm inclined to sit and wait the 2 weeks and then see how they respond, rather than straight send out the 14 days to court letter.

 

Anyone else have an opinion what I should do next?

[ironman20082006]

HI Kevin

 

It sounds like I got that response I ignored it and stuck to my time frame .I ve picked up on the threads here they use it as a stalling tactic .Stay in control and drive it to your timetable

 

Cheers

 

Ironman 20082006

[kevinbacon]

I decided to wait for their reply which i have just recieved. It looks like it was just a delaying tactic as here is the reply they have now sent.

 

Dear Mr Westlake

 

blah blah blah

 

The Office of Fair Trading has published new guidelines on credit card default charges. We're still talking it through with them, but the important point is that the guidelines are about 'default' charges that people pay when they break an agreement with us. This doesn't apply to your charges as these were for dealing with your request to go over your agreed overdraft limit. They are not default charges because you haven't broken your agreement. They are our prices for the service we provide in these situations.

 

I do hope you can see that we make our charging system as fair as possible - and why i can't agree to cancel your charges.

 

I hope this fully answers the points you raised with us.

 

-----------------

 

OMG I'm furious!! What should I do next? and why have they mentioned credit card charges when all my charges are for my current bank account? I never requested to go over my agreed overdraft as i don't have an overdraft.

 

What should I do now? Just send out the 14 days pay or go to court letter?

[BARTY]

Hi

You need to send the LBA letter now if you haven't already, stick to your deadlines.

Barty:)

[kevinbacon]

Ok deadline will be up on the 17th. I should start preparing my MCOL?

 

It says i need the following information;

 

Full name and address of the person(s) you wish to make a claim against

Amount you wish to claim

 

 

Facts relating to the claim e.g. dates, times, events, invoice numbers etc.

 

 

I have to provide invoice numbers? or do i just send my spreadsheet of charges?

 

I guess this is going to be the most complicated part. Bad timing too as the nat west case has been adjourned until around 30th of april. Maybe that will affect all new rulings if they win.

 

any help is most welcome!

[Michael Browne]

This may help:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

[ironman20082006]

HI Kevin

 

I filed online and posted the schedule of charges to mcol northampton.Just had Lloyds acknowledge the claim on 12/4/ given them 14 more days to file defence which runs out 1/5

 

cheers

 

ironman

[kevinbacon]

HI Kevin

 

I filed online and posted the schedule of charges to mcol northampton.Just had Lloyds acknowledge the claim on 12/4/ given them 14 more days to file defence which runs out 1/5

 

cheers

 

ironman

 

I've started preparing mcol, but you only get 24 lines to put in your claim. It's all looks a bit complicated now I need to get cracking on it as their 2nd 14day deadline is up so I should be proceeding with mcol asap.

 

The schedule of charges is the spreadsheet with the charges and interest worked out right? or is it the copy of bank charges?

 

confused! lol

[Michael Browne]

The schedule of charges is the spreadsheet with the charges and interest worked out right?

Yes

[kevinbacon]

1. The Claimant has an account xxxxxx with the Defendant, opened 2001 2. Since 03/12/01 the Defendant debited charges and interest in respect of purported breaches of contract.

3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent.

4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £2321.00; (b) Interest per S.69 County Courts Act 1984 of 8% - £473.70 as of 01/03/07, and continuing at 8% until judgment or settlement at a daily rate of £0.61; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

I'm not sure if the spreadsheet I downloaded is accurate as the number of days don't rely to the date now. My last charge was 01/03/07 and it's worked out just 2 days interest, it should be 46 days now?

 

Its giving me a headache now! I might think sod it to the interest and just apply for the charges to be refunded.

[Michael Browne]

That's odd, if you used the Simple s/s from here:

6. Interest calculation spreadsheets

 

it should update automatically every time you open the s/s. Click on the time in your taskbar and check the date is set to todays.

 

Otherwise download a new copy and enter that charge and see if it calculates to 46 days.

 

I might think sod it to the interest and just apply for the charges to be refunded.

For an extra £473, it's even worth re-doing the whole lot surely, even if you delay filing for a day or two.

[kevinbacon]

That's odd, if you used the Simple s/s from here:

6. Interest calculation spreadsheets

 

it should update automatically every time you open the s/s. Click on the time in your taskbar and check the date is set to todays.

 

Ahhh I made new rows and columns to make it look more jazzy lol I've fixed it now.

 

Claim is now submitted plus interest :-D

[ironman20082006]

HI Kevin

 

looks good I had to mess about with spacings etc to fit it in the charachter count

 

good luck

 

Ironman20082006:cool:

[kevinbacon]

I read on here that once a court claim has been filed we need to register it with the wbesite? I can't find where i need to give this info. I guess this is so that statistics can be made?

 

My claim will was deemed to be served as of 22/04/07 and filed on 17/04/07. so now i just wait to see if lloyds contact me or if they defend it.

[Michael Browne]

PM a Mod with details of your claim for the Litigation in Progress forum:

Your name v Bank Name

Claim number: XXXXXX

Issued: xx/xx/xx

Court: MCOLor XXXX County Court

Charges: £XXXX

Interest: £XXX

Costs: £XXX

Total Claim: £XXXXX