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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Red Vs Lloyds - Non Compliance


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Thought I would start this thread as Im trying to claim charges back for my partner who got into a right state with his Lloyds account due to one direct debit which took him overdrawn. The charges then accrued every week as his outgoings were more than his incomings. If the charges werent applied by Lloyds, he would have always been in credit (just). Typical scenario Im sure.

 

Anyway, I sent SAR off on 13th Dec 06 and my partner phoned them at the beggining of Jan to check they had received it. They said they had on 18th Dec and they send them out within 21 days. 40 day time limit is up (and their 21 day limit is too) and we have no contact from them.

 

Have just compiled a letter now saying they have breached data protection Act and unless they provide them within 7 days I shall seek a court order! Shall post tomorrow.

 

They are obviously extremely busy and struggling to meet their deadlines...tough luck hey! :-x

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Finally received info from Lloyds yesterday and they sent copy statements up to Sept 01 but then a list of charges with no balances!

 

Have totalled them up and I am horrified at the amounts....I knew Lloyds were bad but they charged £150 once for an unpaid standing order!!!! :-x

 

Have used Vamps No. 2 spreadsheet as there is no balance on the printouts they send. Charges are £1030.00 and interest works out at £2526.47 at 29.8% APR (their unauthorised borrowing rate) so prelim goes tomorrow for a whopping £3556.47!!!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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  • 4 weeks later...

Just an update on this....

I posted the Prelim and received a letter dated 8th Feb saying they will investigate concerns and enquiries should be complete within 2 weeks! Then had a letter dated 26th Feb saying we are giving you an update and we have not been able to resolve it as yet and we hope to do this in the next 4 wks or they will write again with an estimate of how long it will take to resolve it.....

They are completely taking the pi$$ so am compiling a letter today telling them they have 14 more days or its off to court. I shall also say that I find their delay tactics unacceptable! Cheeky sods!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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  • 4 weeks later...

Letter dated 28th Feb from Lloyds but not received until 9th March!!!!! saying a complete load of tosh, how they are good communicators etc and refuse to refund any costs!

I sent letter 10th March saying they have still failed to provide information about costs incurred when they referred this account to a collection agency, so will give them 7 days. Their 7 days were up on 19th March so I will now take further action!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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  • 1 month later...

Update: This was on the back burner as the biggest claim Ive got/ Ive had a letter today (some month and a half later!) saying they will pay some charges and will use the refund to reduce the balance. There is no balance to reduce so no idea what they are talking about.

Will send letter today saying no thanks and see you in court.

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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