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Spiritgirl - Second Claim Against Lloyds


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Hi everyone

 

Well we are now about to start Claim no. 2.

 

There are £700+ of unlawful charges on my husband's personal account, most of them added during 2005/2006 when we were at our lowest point financially.

 

To be honest we didn't realise it added up to this amount :-o . This time I have made sure we're only claiming for the unlawful charges and not service/account charges!

 

Since Lloyds have said our relationship has now "irretrievably broken down" since we claimed the first time, and they intend to close all our accounts anyway, we have nothing to lose and everything to gain I feel.

 

Preliminary letter going off tomorrow.

 

Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Preliminary letter went off Recorded Delivery yesterday :D

 

We were lucky this time in that we managed to find all our statements and haven't had to send an S.A.R. to them.

 

Fourteen days for them to reply from yesterday and counting down....

 

Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Go for it Sharmads!!!

 

They are cheeky beggars (and that's being polite for the forum :p )

 

If you've done it once it will be so much easier this next time round too, with paperwork not so daunting, and we know what to expect!

 

Good luck !

 

Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hi again Friends

 

Standard 2 page "here are our excuses - and you're getting nothing back" letter received from Debbie Gilbert in Customer Services in Andover dated 29/1/07.

 

Letter Before Action therefore going off today Recorded Delivery.

 

Spiritgirl :wink:

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hi,

I am at the same stage as you with lloyds.Acting for my son who has been charged £800 over last two years.Sending preliminary letter this week-end.Very worried if I can cope with my limited computer and typing skills and my lack of legal knowledge.

Good luck to you although it seems at you have done it all before.

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Hi there Jim

 

Don't worry you'll be fine. I was so nervous the first time round, but the guys and girls on here are all so helpful.

 

There are all the templates you need for your letters etc., on here, plus so many threads you can read from others who are suing this grabbing uncaring bank :evil:

 

Good luck to you & your son!

 

Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hi friends

 

Just a little update :-

 

Following our first successful claim for refund of unlawful charges against Lloyds, we have now received a "formal demand" from them for the outstanding amount of the loan my husband had with them!

 

Considering we have been trying for over 2 years to get them to acknowledge our financial situation in that we could NOT afford to pay the ruddy thing, and plying them with financial statements from the Citizens Advice Bureau on a regular basis which they have totally ignored, its interesting that now - because we had the audacity to sue them - they have closed the loan account and made a demand for payment in full :mad:

 

I have written back to them today sending our latest financial statement and offering a token offer of repayment of £1 per month, which I am pretty sure they won't accept, and know from past experience they will in due course pass the debt on to a DCA, at which point with a bit of luck and a strong wind in the right direction we can at last negotiate with someone who will take into account our circumstances. Am hoping for Buchanan Clark & Wells, as they are one of the best DCAs we are dealing with and one I know Lloyds use.

 

I have asked Lloyds to suspend all interest on the debt which I also know they will not do, so just have to wait till it goes to a DCA.

 

Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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  • 2 weeks later...

Hi Jim

 

You will need to prepare the claim form N1 and your son's Particulars of Claim - templates are all in the templates library section on here.

 

If your son is on benefits, it is worth checking whether he is exempt from paying court fees by going to the HM Courts website and having a look at form EX160A, otherwise there will be an issue fee when your son files in court. Her Majesty's Courts Service - Home

click on "forms" then enter "EX160a" then "find form". If your son is exempt he can then complete and print off the exemption form on line at the same site. He then needs to take that form with him to Court, with proof of benefits, along with the form N1 and Particulars of Claim.

 

Good luck!

 

Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hi again,

Thanks for the information I have form N1 ready to complete and I have prepared a schedule of charges which we are claiming back.I will look into the possibility of my son being exempt from paying the court fee.

One small point which you may be able to help with,I have had a letter from Debbie Gilbert in Andover,do I state the Andover address on the N1 form or do I use a different address.

 

Thanks again Jim

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Hi Jim

 

Yes I would use the Andover address if I were you.

 

I used the Andover address on my N1 form as my letter was also from Debbie Gilbert at that address, and that's where I had sent my Letter Before Action.

 

Good luck!

 

Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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JB - Do not use the Andover address, claim forms should be sent to the registered office, viz:

 

Lloyds TSB Bank Plc

25 Gresham Street

London

EC2V 7HN

If I have been helpful please click on my star and add a comment.

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:D :D

 

LLOYDS HAVE SETTLED IN FULL - THIS TIME WITH NO DEFENCE ENTERED!!

 

 

The money went into his account today "out of the blue", we've not even had a letter from them!

 

He will be making a donation to your wonderful site shortly x

 

Please could a Mod move this thread to "successes" ???

 

Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Well done Spiritgirl,

 

Congratulations on winning round 2!:D :D

 

you must have really scared them the first time round :D

 

Anymore claims, or will you put your feet up and enjoy the success? ;)

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Hmmm,

i was getting a little confused (not hard for Pondy!). I think this claim must be a continuation of your "How many times can a girl sue them" thread? Or are there more charges to retrieve? ;)

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Hiya Pondy and Barty :D

 

Yes this is my second claim, I asked in the other thread "how many times can I sue them" if I could do it again, and the lovely peeps on here said yes, so I did - and successfully !

 

I do have another thread running re the FOS (am not sitting back on me laurels yet :p ) - have now made an official three page complaint to the Financial Ombudsman about Lloyds' appalling treatment of us over the past few years...still waiting to hear back but I understand they are being inundated with complaints so it may be a while.

 

Hubby's had a couple of cans of beer tonight to celebrate, his first in ages bless him. I still can't believe they've paid up this second time without attempting a Defence. Will phone the Clerk at Court tomorrow to tell her the news (am getting to know her quite well now LOL).

 

Anyone reading this who is wondering whether to begin their fight against these grabbing banks - have a good read of the FAQs on here then GO FOR IT !!!

 

Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hi SpiritGirl

 

Jolly well done on your win.

 

I am on claim number 2 with Lloyds. Was due to file my N1 today, but they haven't replied to my prelim or LBA. I know their ignoring it as they have already issued their final response. Today I sent them another LBA for 7 days (this time recorded so I can prove they got it).

 

Did they just pay at the end of the 28 day defence deadline?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Sorry, just checked your posts.

 

10 days, not bad eh?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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