White v Lloyds help required

[Maui]

I have sent my prlem letter 2 weeks ago and have recieved this reply

 

"Thanks for getting in touch with us. I m sorry you are unhappy about your account charges

 

 

Like and business we do make charges for some of our extra services. When customers don’t have enough in their accounts to cover payment, this always means extra work – and it has to happen very quickly. We have to agree to make the payment by setting or increasing an overdraft, or tell customers we can’t agree it. We feel it’s fair to charge for this service.

 

Of course it’s only fair too, that we’re completely open about any charges for services before you take them up. That’s why we provide customers with an up to date list of our charges.

 

 

Just as importantly we do everything we can to help our customers avoid these charges altogether by providing an easy way of keeping a running check on account balances by phone, branch, ATM internet.

 

 

You mentioned the new guidelines by the OFT on credit card default charges. We don’t agree with the OFT’s thinking on this and we are still talking it through with them. But the important point is that the guidelines are about default charges that people pay when they break and agreement with us. The fees we charge for dealing with you request to go over you agreed overdraft limit 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 that we make our charging system as fair as possible – and why I cant agree to cancel your charges

 

Pleas let me know if there is anything else I can do. If we cannot come to an agreed solution after this I will help you refer your complaint to the financial ombudsmen service for independent advise.

 

 

If you are happy with the way I have dealt with you complaint, there is no needed to reply to my letter. If I have not heard back form you by 03/04/2006 I will close my file. "

 

 

I now want to send LBA letter, but need to add bits that refer to this letter saying soemthing like I am not haoppy with the letter you have sent me ansd wish to take you to court. etc etc

 

 

Can anyone give me some ideas about what to write, or if anyone has recived the same letter can they tell me what they put in there own later.

 

 

thanks in advance

 

 

Matt

[GaryH]

Hi Matt,

 

This is all completely standard stuff. You need to have a really good read of the FAQ's and step by step instructions (linked below in my sig), plus the LTSB successes forum, which will answer most of the questions you may have. If your still not sure of anything after that, please don't hesitate to ask.

 

BTW, your next step when you've had a good read up will be to send the letter before action, which is found in the templates library. No need to amend it, apart from the first line - "I am very dissapointed that you have failed to respond positively to my letter dated...."

[Maui]

Thanks fopr your help.

 

I havwe one more question.

 

I am drafting my LBA right now and I know I have two more charges that willbe added to my accountin the coming weeks. I am not sure of the exact dates and amounts but would like to make them aware of these now, just in case they offer me full settlement at this point (unlikely I know).

 

Here is my letter(below), where would it be good to add this point. I am guessing in the paragraph that mentions values. perhaps something like. "I am also aware of further pending charges that are to be applied to my account over the next 2 months. I also request that these are not put on my account."

 

 

What dio you think??

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £XXX.

I enclose a schedule of the charges which I am claiming with this letter

 

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

[Maui]

bump

[GaryH]

They'll apply the charges regardless I'm afraid. Best bet IMO would be to send the LBA with a sentance like "I am aware that you intend to debit another £** in charges from my account on **/**/**. Should you carry out this unlawful transaction, those charges will also be added to the total of the claim". Then wait untill the new charges go on and file the claim on the day they do.