kgp100 vs Lloyds Tsb

[Kgp100]

Hi I sent the standard letter to Lloyds with the amount I want to claim and sent a copy to the email address provided on the forum. I have just received the standard reply. I have three questions which if any one has any ideas on I would be grateful.

 

1/ Now Lloyds have stated that they are not going to repay the money do I still need to wait the 14 days before I summit to the money claim website?

 

2/What address do I serve the notice to? It won’t let you enter the Main address as it is too short for the boxes. Can I send it to my home branch even though the original letters were not sent there?

 

3/I can’t find the money claim pro forma in the library section can some direct me to it?

 

Cheers every one even if I fail to get my money back I feel like I am at least doing some thing about it. Thanks

 

This is the standard reply that I recived.

 

Re: Account Charges for Overdraft Excesses and Returned Items

 

Thank you for taking the time to contact us about your account.

 

I understand that

 

· You feel that the charges you have incurred are unlawful.

 

You are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.

You have requested that all charges incurred should be refunded since July 2002.

 

When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also available from our branch staff, telephone helpline or our website. While banking with us can be completely free, we apply charges if a customer does not have enough money in their account to meet payments they have requested us to make.

 

You incurred charges because you did not ensure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits.

 

As a business we are entitled to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce. We advise our customers to ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each cheque book we request that funds are available before cheques are issued.

 

You accepted these terms when you opened your account. We did not agree to pay your account in excess of the amount agreed without charges being made.

 

Accordingly, I am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities, such as any debit cards and chequebooks you may have. Alternatively, you may wish to consider alternative banking arrangements.

 

You can ask the Financial Ombudsman Service to independently review my decision. You can contact them at The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR. Telephone: 0845 080 1800. Website: http://www.financial-ombudsman.org.uk. If you do want them to look at your complaint, they need you to get in touch with them within 6 months of the date of this letter.

 

Yours Sincerely

 

David Just

Assistant Manager

[Kgp100]

Hi I sent the standard letter to Lloyds with the amount I want to claim and sent a copy to the email address provided on the forum. I have just received the standard reply. I have three questions which if any one has any ideas on I would be grateful.

 

1/ Now Lloyds have stated that they are not going to repay the money do I still need to wait the 14 days before I summit to the money claim website?

 

2/What address do I serve the notice to? It won’t let you enter the Main address as it is too short for the boxes. Can I send it to my home branch even though the original letters were not sent there?

 

3/I can’t find the money claim pro forma in the library section can some direct me to it?

 

Cheers every one even if I fail to get my money back I feel like I am at least doing some thing about it. Thanks

 

This is the standard reply that I recived.

 

Re: Account Charges for Overdraft Excesses and Returned Items

 

Thank you for taking the time to contact us about your account.

 

I understand that

 

· You feel that the charges you have incurred are unlawful.

 

You are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.

You have requested that all charges incurred should be refunded since July 2002.

 

When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also available from our branch staff, telephone helpline or our website. While banking with us can be completely free, we apply charges if a customer does not have enough money in their account to meet payments they have requested us to make.

 

You incurred charges because you did not ensure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits.

 

As a business we are entitled to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce. We advise our customers to ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each cheque book we request that funds are available before cheques are issued.

 

You accepted these terms when you opened your account. We did not agree to pay your account in excess of the amount agreed without charges being made.

 

Accordingly, I am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities, such as any debit cards and chequebooks you may have. Alternatively, you may wish to consider alternative banking arrangements.

 

You can ask the Financial Ombudsman Service to independently review my decision. You can contact them at The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR. Telephone: 0845 080 1800. Website: http://www.financial-ombudsman.org.uk. If you do want them to look at your complaint, they need you to get in touch with them within 6 months of the date of this letter.

 

Yours Sincerely

 

David Just

Assistant Manager

[Kgp100]

Having read some more of this im going to send it to the address below as my "local" branch is 300miles away as i never changed it when i moved so london next best re court.

 

Lloyds TSB Bank plc,

25 Gresham Street,

London,

EC2V 7HN.

Telephone No: 020 7626 1500

Registered in England, number 2065.

[Kgp100]

Having read some more of this im going to send it to the address below as my "local" branch is 300miles away as i never changed it when i moved so london next best re court.

 

Lloyds TSB Bank plc,

25 Gresham Street,

London,

EC2V 7HN.

Telephone No: 020 7626 1500

Registered in England, number 2065.

[BankFodder]

You may as well wait the 14 days. It will soon pass and you need to prepare.

 

local branch

 

ther is no proforma at present.

However, I did do one for someone a few days ago and I can't remember where it is and I don't have time to look at the moment.

 

Would you try searching for posts by me which include "interest" "s.69"

 

that should produce only 2 or 3 and you will be able to tell which one. Maybe you could let me know and I'll put it into the library.

Thanks

[BankFodder]

You may as well wait the 14 days. It will soon pass and you need to prepare.

 

local branch

 

ther is no proforma at present.

However, I did do one for someone a few days ago and I can't remember where it is and I don't have time to look at the moment.

 

Would you try searching for posts by me which include "interest" "s.69"

 

that should produce only 2 or 3 and you will be able to tell which one. Maybe you could let me know and I'll put it into the library.

Thanks

[Kgp100]

OK found your reply in; "Abbey National Bank Action Group, process started"

 

Quote bankfolder

OK. We probably need to get a template nto the library at some point but we are rushed off our feet.

 

However, you will find that these answers are in the FAQs and elsewhere.

 

Your action is on the grounds that:-

You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last 3 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

You have repeatedly asked the bank to justify their charges but they have declined to do so.

 

 

Lay out your calculation - don't forget that if the banks have been charging you interest on these charges because you were in overdraft then you should include a figure for this as well.

Do the s.69 county courts act interest statement plus calculate that on the lot incouding on their interest that they have deducted from you.

 

Then come back and let us have a look.

end quote

 

Also some links to standard letters from bankchargeshell.co.uk;

 

Claims made in person for bank charges http://www.bankchargeshell.co.uk/bank_charges_claim_in_person.pdf

 

Claims made online for bank charges http://www.bankchargeshell.co.uk/bank_charges_claim_online.pdf

 

Cheers

[Kgp100]

OK found your reply in; "Abbey National Bank Action Group, process started"

 

Quote bankfolder

OK. We probably need to get a template nto the library at some point but we are rushed off our feet.

 

However, you will find that these answers are in the FAQs and elsewhere.

 

Your action is on the grounds that:-

You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last 3 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

You have repeatedly asked the bank to justify their charges but they have declined to do so.

 

 

Lay out your calculation - don't forget that if the banks have been charging you interest on these charges because you were in overdraft then you should include a figure for this as well.

Do the s.69 county courts act interest statement plus calculate that on the lot incouding on their interest that they have deducted from you.

 

Then come back and let us have a look.

end quote

 

Also some links to standard letters from bankchargeshell.co.uk;

 

Claims made in person for bank charges http://www.bankchargeshell.co.uk/bank_charges_claim_in_person.pdf

 

Claims made online for bank charges http://www.bankchargeshell.co.uk/bank_charges_claim_online.pdf

 

Cheers

[BankFodder]

Thanks. I'll put it into the library

[BankFodder]

Thanks. I'll put it into the library

[Kgp100]

This is just an update. Might seem a bit slow but I have been reading around a lot and getting advise.

 

My time line.

 

Feb 21st Sent my first letter with list of charges that I want refunded in 14days.

Feb 23rd Received reply that is posted above.

Feb 23rd Sent Second letter amended from bank action group providing some example cases etc...

Feb 28th Received reply from David Just pretty much the same as above.

 

At this point I decided I needed more info and because I already had my statments I had never asked for evidence of manual intervention.

 

March 1st Sent DPA request for evidence of manual intervention and copies of any contracts I had ever signed.

March 9th Received reply re DPA with the form to fill in

March 13th Sent money and Form.

March 17th Sent letter before action giving 7 days notice.

 

I have completed the money claim website and I am ready to file on Friday the 24th

 

Cheers every one for all your posts which I have been reading with interest.

[Dammam]

 

 

 

 

(call me a pendant; 'cos that's wot I is).

 

Presumably because you're hanging around the banks' necks?

[Kgp100]

I have submitted my claim today after a lot of jiggling around to make it fit!! It's being held in the Northampton County court for some reason. No idea why as i live in Cardiff and filed against the Cardiff branch. Is it possible to change the location? Any ideas?

[richardc]

You filed with Moneyclaim? All claims are automatically listed in Northampton CC. If it actually goes to court the claim will be moved to Cardiff.

[BankFodder]

Can we have your details for our litigation section please

[Kgp100]

Looks like they are getting a bit more organized my claim was acknowledged on the 5th April only 5 days or so after they received it. So I’m eagerly awaiting the defense now!

[Kgp100]

Received the defense on the 25 April and received the questionnaire yesterday. The defense is exactly the same as the one PrincessAphrodite received http://www.consumeractiongroup.co.uk/forum/showthread.php?t=233&page=14.

 

I still feel worried about the point made by kotum45;

 

I must have read the sticky posted by bankfodder regarding what happens in court and how the banks might defend 10 times.

As in Princess's case they are saying that "the charges are because of a service they provide". Obviosuly this is BS but I can't figure out how we are going to try to crush this in court. According to the s15 of Services Act (sorry I can't remember the name of the act) "if at the time of the agreement no price has been agreed, the charges have to be reasonable" (again apologies if it is not a 100% quote)

My question is;

-By agreeing the T&C (in which they say they will charge us for return of d/d etc) have we not also agreed the price of charges?

I am sorry I had to ask as this has been bugging me for sometime and I hope the answer (if it is answered) may help princess and everyone else.

 

I’m still waiting for copies of the contracts I signed with Lloyds which was a while ago so the charges will have been less. This leads me to another question by informing you of a change in the charge and you continue to use the account are you not agreeing to it??

 

Any way going to post the questionnaire of soon.

[Kgp100]

Well after not hearing anything for a while I just gave Cardiff County Court a ring and they told me I have just been set a court date for the 16th August at 14:00. A good amount of time i think to get my self totally ready!! Now I have to wait for the letter as this lays when I have to exchange evidence with Lloyds.

[Kgp100]

Well they have backed down finally. Received a settlement letter asking for confidentiality etc.. So I gave them a ring and spoke to a very polite helpful guy from Martineau Johnson and had a discussion about it and received a letter today with full settlement no strings attached. Sorted!!!!! Will be donateing as soon as the money comes into my account. Out of interest roughly how much does this site cost to run? Cheers every one for this a very very useful site well done.

[Kgp100]

This topic was closed on 03/05/19.

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