geteven v LTSB

[geteven]

Had 2 page letter response back stating that:

 

"As a business we are entitled to set charges to cover additional work........

You accepted these terms when you opened your account. These charges are not hidden and are notified in in the guide to banking charges leaflet we produce .....

I am unable to agree with your request to refund the charges ...............

The last para. says "if you are unhappy with my decision and feel that you have something to add which might change the outcome, please get in touch. If we cannot agree on a solution at that point, I will help you refer your complaint to the Financial Ombudsman Service for independent arbitration.

 

So what's my next step please?

[Lusky]

Hi Geteven,

 

This is just a standard reply just continue with the process as outlined in the FAQs. You will need to start your own thread to enable you and others to track the process.

Good luck!!

[alanfromderby]

MOD NOTE: Firstly, you will find that you are more likely to get a response by posting to your own thread. I have now moved your post, and set up your own thread. Please post any further questions to this thread.

This is a standard tactic. Assuming that you have been following the process as outlined in the FAQ's, just continiue to the next stage.

[geteven]

Now I may have to attend my local County Court. Received a copy of the banks defence and also an Allocation questionnaire I have to complete and send back.

Has anyone already been through this process and can advise me on how to complete it. Thanks muchly

[maverik1979]

hello and welcome to BAG the best bet is if you go to the Lloyds-TSB forum

 

here http://www.consumeractiongroup.co.uk/forum/lloyds-bank/

 

and start a new thread, people will be able to assist you im sure

[geteven]

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

 

Claim has been transferred to my local County Court.

Received a copy of the banks defence and also an Allocation questionnaire I have to complete and send back.

Has anyone already been through this process and can advise me on next step?

 

MOD NOTE: Threads merged - please stick to one thread.

[reload]

Hi geteven,

 

Unfortunately, Lloyds seem to enjoy forcing people to go as far as this step - and often well beyond it. There are numerous cases throughout this forum where people have had to return the Allocation Questionnaire.

 

Allocation Questionnaires - A guide to completion contains all you really need to know about filling the AQ out. In every case so far, Lloyds have offered a full settlement (usually with some conditions attached, which you don't necessarily have to agree to) before the claimant had to actually enter the court.

 

It'll be worth your while reading other people's threads in this forum - particularly the longer ones with 'Claim Settled' in the title, as it will give you a much better idea of the process that people have had to follow.

[geteven]

I was recently told by a Mortgage Advisor that there is a default on my credit history in May 2000 (!), but he couldn't tell who was the perpetrator of this? I have asked Lloyds Bank if they have any information, and sent for my credit report from Experian, which I've received. But can someone tell me how I can locate it on that please, as it may give me a clue as to who to approach to get it removed. Although is it true that after 6 years defaults are ineffective?

[barracad]

You can get a copy of your credit file to see what information is held about you, including Defaults and CCJs.

 

There are now 3 main credit reference agencies called, Experian, Equifax and Callcredit plc. You should check information held by all these agencies as some information may be different.

 

These are the contact details for the three agencies:

Experian Ltd

Consumer Help Service

PO Box 8000

Nottingham NG80 7WF

Tel: 0870 241 6212

Credit Reports: Get your Credit Report from Experian UK

(you can order your credit file on the internet or by telephone).

Equifax plc

Credit File Advice Centre

PO Box 1140

Bradford

BD1 5US

Tel: 0870 010 0583

Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax

(you can order your credit file on the internet).

Callcredit plc

Consumer Services Team

PO Box 491

Leeds

LS1 5XX

Tel: 0870 060 1414

www.callcredit.plc.uk

(you can order your credit file on the internet).

[geteven]

I've already sent for it from Experian but when I looked at it can't find a default showing (?) I've wrote to Experian today and asked them to look into any default in May 2000.

[barracad]

You need to check with all 3

[geteven]

Thought credit agencies all had the same information, obviously not. It's a bit of a money making racket when you have to pay for your reports £12.50 for Equifax and £8.95 for the other. Now I know why I plumped for Experian at £2. W send for the Equifax, etc., and see what I can find. Like my dad says, there's nothing free in this life.

[barracad]

They should be £2 for each one - send a £2 cheque or postal order to the other two.

[geteven]

Thanks. I'm in the process of sending my applications now enclosing cheques for £2. Thanks for the website addresses - it's saved me some time.

[geteven]

Currently up to deadline in County Court (19th July) received Lloyds copy allocation questionnaire yesterday.

1) They've ticked the box to have 1 month postponement, but on mine I didn't want a postponement, so does the Court give the right to the bank to have a months negotiations (aka as delaying tactics.)

 

2) They've also ticked the box to state they have a witness (?) what's that all about then? Surrely I have the right to know who that witness would be?

 

Anyone had a similar experience please pm me. Thanks v. much

 

Mod note: Threads merged, please stick to one thread only for your claim. Thanks.

[alanfromderby]

It's all designed to frighten and intimidate. It is difficult to give you an exact assessment as you have not given very much information about your claim, but many banks wait to see in the Claimant files the AQ before moving to a settlement - especally if it is over £1500 and a fee is needed.

[BARTY]

Hi

My AQ deadline is the 19th as well, I've took mine into court this morning. I received the same AQ from Lloyds TSB as you also, with the witness and the extra time thing. Is it Sechiari, Clark and Mitchell the Solicitors?

I will keep an eye on your thread, as we have identical deadlines at the moment.

[geteven]

Hi

My AQ deadline is the 19th as well, I've took mine into court this morning. I received the same AQ from Lloyds TSB as you also, with the witness and the extra time thing. Is it Sechiari, Clark and Mitchell the Solicitors?

I will keep an eye on your thread, as we have identical deadlines at the moment.

 

Well, well what a coincidence ... the plot thickens. I'm sending a copy of my AQ to Lloyds solicitors first class tomorrow (recorded delivery as usual) I sent it into Court a week ago. Just sending a covering letter asking them to acknowledge receipt.

 

Wouldn't it be good if we both received our money back at the same time ha ha.

[geteven]

Progress to date:

 

Allocation Questionnaires into Court by 19th July 2006.

Lloyds sent theirs in 3 days before deadline.

received 1 letter from them asking for a copy of my AQ.

I've rang Court and the case is with the Judge to decide on - should hear something within 28 days. Will keep you posted.

 

Note: After reading the Defence from Lloyds very thoroughly they've ticked that they are not available to attend Court for 24th, 25th July and the whole of August so I won't hear anything till September 2006.

Claiming these bank charges has taught me even more so that patience is definitely a virtue.

[geteven]

Update: Received 'Notice of Allocation to the Small Claims Track (Hearing) from Court giving me a Court hearing date on 1st November, and asking me to send copy documents to the Court and defendants no later than 22 September 2006. Original documents to be taken to Court on date of hearing.

 

I also have to include a schedule of how the amount claimed has been calculated and identify the basis for each charge (!). Could do with some help from the forum.

 

I've read different threads but can't find one specifically showing how you identify the basis for each charge. All I have is copy statements showing charges taken which I've put a pencil mark against and totted up to make a final total. I haven't included account charges of £7 per month, just overdraft interest charged and the unfair charges of £30 I've paid over 6 years. Many thanks for your help, could do with some guidance, thanks.

[kazzaw]

Have you filled in the spreadsheet in the Forum library to calculate your charges & 8% interest?

 

I have sent a copy of this in for all my claims & had no problems.

[geteven]

Thanks for that Kazzaw.

[geteven]

I've opened the spreadsheet.

I thought of putting 'Geteven 'v' Lloyds TSB Bank Plc.

then 'Breakdown of Amount Claimed'

then would you put columns for the relevant year, month and figure claimed?

Also whats the formula for working out the 8% interest calculation as it's over a year ago since I used spreadsheets.

 

Thanks for your help!

[geteven]

Sent statement of claim to Court by 22nd September as requested and copies to Lloyds solicitors, Sechiari, Clark, and Mitchell. Should have received copy of their papers (showing witness details) by 22nd September but have heard nothing from them at all.

Rang my County Court today to enter a judgement as they've failed to produce the documents but the Clerk told me I'd have to wait till the Court date 1st November and mention to the Judge that the solicitors have not sent papers to me.

Has this happened to anyone else? Any help would be appreciated thanks.

[geteven]

Due to go to Court on 1st November but have now received Letter from Lloyds Solicitors offering me the full amount claimed plus the £80 Courts costs I've paid. QUESTION: Do I accept, or ask them for the interest as well?? The total amount is £780 before costs. Anyone H E L P me work out what the interest would be on that. I couldn't fathom the Excel spreadsheet to do it myself.