RedBern v Lloyds TSB

[RedBern]

Hi _ I'd been posting on another link but had the following response from Barty -

 

To be honest I would not believe what they are saying to you. How far are you along with your claim? You should start up your own thread if you haven't already, so we can keep a track on your progress and help out if necessary.

Barty:-)

 

so I'm starting my own link now...

 

Accepting that I'm gullible - and was going to sit and wait ... and wait ... (possibly) what do you suggest Barty? Do I now send the next letter from the template pack ?

 

Originally Posted by RedBern

I rang the number TopCat DC gave me and left a voice message - however - about 5 minutes later I had a call from the Andover customer service dept. I had e-mailed them last night - very briefly - with my ref in the title box and a request that somebody telephone me regarding their letter as the phone was constantly engaged.

 

A very nice man has just 'phoned and said that they have a whole department dealing with these complaints and they are awaiting the OFT ruling in the next few weeks which they suspect will declare all these charges unlawful and they'll be told to make refunds.

 

Pending this however, they are prepared, in some cases, to make goodwill gestures and my paltry claim for £340 falls within the limits of what they are paying out. Whilst he couldn't guarantee that I'll get a full refund, he suspects I will!... so has asked me to wait ... hopefully this will be resolved in 4 - 6 weeks. I then said OK so, if I've not had a refund by the end of March I've to contact you again ... and he assured me I will have a response before then!!!

[BARTY]

Hi:)

Have you send the Prelim letter? If so I would give them 14 days and then send the Letter Before Action:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

If you have already send the LBA, you need to start the Court claim.

Good luck, if you have any questions just ask.

Barty:)

[RedBern]

well ... waited and no response. Sent LBA - no response! So on to next stage - court claim. Had a further £90 in charges taken on 1st March, so presumably just add them to claim?

[RedBern]

However, on a positive note - claimed my admin charges from C&G for mortgage redemption in 2004 - had £80 plus interest.

 

[BARTY]

Hi

Yes you can add on any charge up to the point of filing your claim.

Are you filling in a N1 or doing MCOL?

Barty:)

[RedBern]

erm....

[Pondfish]

Hi Redbern,

 

You sound a little confused over Barty's comments:confused:

 

MCOL is short for Money Claim Online - you can visit the HMCS moneyclaim online website to start your claim online.

 

OR

 

You can pick up an N1 form from the courts, fill this in and return it.

 

Many people prefer the N1, because on moneyclaim you are restricted to a certain amount of letters, on a maximum of 24 lines when you fill in the Particulars Of Claim section. Using the N1 form you can attach a seperate piece of paper if required. Details of how to fill in these forms are shown in the Templates section on this site.

 

The choice is yours!

 

Hope that's a little clearer!

 

Pondfish

[RedBern]

thanks Pondfish - much clearer. I'll read through templates and check.

[121o121]

You can also download a N1 form from HMCS website in PDF format. You can fill it in, then print and give to your local County Court.

 

You can do this with the Allocation Questionnaire too. Helps if you have big handwriting

[RedBern]

Ok - filling in my MCOL - I've had statements back as far as 2000 - so can I claim those charges or am I limited to 6 years??

[Pondfish]

Hi Redbern,

 

You are limited to 6 years i'm afraid. If you want to contest charges outside this timeframe it is possible, but a much more complicated affair.

 

If you have already stated these charges in your prelim and LBA i shouldn't worry too much. Lloyds will probably note the charges are outside six years in thier defence, but all that will happen is the charges will be deducted from your total claim.

 

Pondy

[RedBern]

thanks Pondfish - I had included it - mainly because they'd sent me the copy statements with it on in the first place!! anyway it is done now ... thanks for your replies - it is reassuring.

[RedBern]

WAYHAAAYYY!!

received letter from Lloyds TSB today - having completed MCOL at 4pm yesterday. Whilst Lloyds TSB thank me for getting in touch again, and have already explained that their charges are fair ...etc they go on to say...

 

"Generally, we don't agree to adjust any of these charges, but I can tell you that on this occasion we are prepared to repay you £516 in full and final settlement of your claim. We will credit this amount to your account within 10 working days".

 

which is fine - except that I spent £80 yesterday putting this claim in! for £510 (which is my calculation of charges to date) plus interest which is about £70(and I suppose I haven't had the money yet). If only Royal Mail wasn't so rubbish - I'd have had this letter yesterday (it is dated 26/3) So .... advice please - Pondfish - Barty - anyone - what do I do ?

[BARTY]

Hi

Not sure really, maybe ring MCOL first thing Monday, see if you can cancel your claim?? With you doing it 4pm Friday they probably won't have done anything with it hopefully. Obviously if it is going to cost you to cancel the claim, you would have to claim it off Lloyds. Anyone else have any ideas??

Barty:)

 

 

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html I WON!!!! :D

If I have helped, please click my scales:)

[nicsussex]

Well you have given them every opportunity to settle if they want to drag things out until the last minute then I would say that they run the risk of incurring your court costs. Speak to MCOl on Monday though and see if you can stop it, if not then up to Lloyds to pay it.

[RedBern]

thanks for the replies guys - I'm flying out to sorrento on Sunday morning! will see i I can e-mail someone!!

[RedBern]

Had an e-mail response on Monday from Court - and the papers arrived this morning. So, I intend to wait to check when the money from Lloyds TSB arrives in my account - it hasn't yet. Then what?:?

[aqua2]

What date did you send your LBA?

 

What date did you issue the court claim?

 

Did you give them more than the 14 days stated in your LBA?

 

If so, they have settled your claim but are liable for the costs.

 

In this case ask them for the £80 costs, or give them the option of paying even more costs, if you have to get an order for costs off the court.

 

Your LBA told them straight out when they had to settle by, not x days later than that.

 

If they pay the costs, write to the court stating your claim has been settled.

[RedBern]

My LBA was dated/posted 15th March - I issued the court claim on Friday 30th March. so that is 14 days, and I had sent them a letter on 1st March reminding them that they'd telephoned to say this was going to be settled - and had heard nothing - so I stuck to a rigid 14 days. Too rigid??

[aqua2]

If you used the LBA off this site, it gave them 14 days to settle, not simply agree to settle, with payment at some future date.

 

Unfortunately it doesnt say 14 days from the date of the letter and under court rules it is deemd served on the second day after posting, which makes it deemed served on 17th. (Unless you have proof of reciept on 16th from recorded delivery)

 

So bad news is on one hand, you jumped the gun, but here goes your arguments...

 

1) They were given 14 days to investigate and confirm they would settle (preliminary Approach) which they didnt.

 

2) They then had another 14 days to actually settle (LBA) and didnt.

 

Because they failed to agree to settle and then failed to actually settle, you issued your claim.

 

On this basis, you issued your claim and if they still want to settle, you want the costs as well.

 

3) 10 Working days from 31st March, takes you to 18th April, which is actually 34 days after your lba not 14.

 

If not you will make an application to the court for the costs and any additional costs for hearing the application, normally £65.00 and you will ask for your costs of attending the hearing.

 

Give them the choice, pay the £80 or pay £170.

 

I dont think the law specifies you must give 14 days, only that you must give notice.

 

In the ordinary course of business we only provide 7 days notice before proceedings, you gave them 28.

 

Also, why 10 days? If your account is still with them, they simply credit the account.

 

If we transfer funds electronically within the same bank it happens overnight.

 

I think you have enough arguments here.

 

Good Luck.

[RedBern]

thanks for your help/support. I'll get my paperwork in order this weekend and take it from there.....

[RedBern]

have gathered all my copies of letters and a schedule of charges to post to Court. Have respectfully asked for my charges to be refunded ... do I just sit back and wait now?

[aqua2]

Sorry RedBern, you have confused me?

 

Did you issue the claim through MCOL, or direct to court?

 

Have you rang Lloyds to ask them what they want to do about the court costs and when, if ever, do they intend actually paying?

 

Are you intending sending copies of letters to the court at this stage?

 

How, have you respectfully asked for your charges back?

 

Lot of questions but just seeking clarity.

[RedBern]

I've had a Notice of Defence that amount claimed has been paid from Court today.

 

Well - Lloyds TSB have paid £516 - I claimed £510 plus interest (and also my £80 charges) so I'm still out of pocket by the £80 costs and interest. What now?

 

and if that wasn't confusing enough - point 8 of Lloyds TSB defence is that "insofar as part of the Claimants claim is based on charges levied on her account prior to six years from the date of issue of claim, this part of the claim is statute barred by Section 5 of the Limitation Act 1980. The Defendant is unable to verify the amount claimed prior to the 2nd April 2001 as the particulars of Claim does not show how the amount claimed is arrived at". and

point 9. "The Claimants claim is denied in its entirity. It is further denied that the Claimant is entitiled to the sum claimed or to any sum from the Bank"

 

Well - they've paid £516 so what bit am I not entitled to? And the only reason I included charges that were over 6 years is that Lloyds TSB had sent me details of these when I asked for my statements.

[RedBern]

hi,

 

as you can see - Lloyds TSB filed a defence - yes I've received £516 but I'd already paid £80 to the court and so have asked for that. Written to Lloyds TSB regarding fees - no response - and to solicitors - no response.

 

Today I've had a notice of transfer of proceedings and a form - Allocation questionnaire - to complete.

 

Advice please - I'm £80 fees out of pocket - my original claim was for £510 so not sure where Lloyds picked £516 from.