Maryhillgull v Lloyds **WON (post OFT)**

[maryhillgull]

Hello

Just to let you know I'm starting my claim against Lloyds tomorrow. Have just finished the S.A.R - (Subject Access Request) and is all sealed up with cheque ready to go registered post tommorow.

 

Although I live in Scotland I will almost certainly persue this one through the courts in England as I believe the claim will be in excess of £750 and most of the charges will be for March-November 2002 which is over the 5 year threshold up here. My Mum and Dad live in Kent and are quite happy for me to use their address.

 

My account with Lloyds closed in 2005 and I have moved but I have given them 4 previous address's in the letter plus my date of birth and apprx account opening as well as other a/c numbers that I held with them I hope this should be enough for them to send details to my new address.

 

So down to the P/O first thing tomorrow and then just sit back and wait. I'm also taking on Abbey in the Scotland forum as this is a much smaller claim.

[maryhillgull]

Lloyds have cashed my cheque today even though the post office have not updated the "signed for" reciept to say it has been delivered. Guess it's just a PO glitch. Reading thru the Lloyds threads it seems they take their time with the SAR request has anyone had statements thru quickly say 1/2 weeks or is it still taken to the wire and beyond!

[BARTY]

Hi

Sometimes they are quick, sometimes it is battle to receive them at all. Hope your's come quick!

Good luck, let is know how you get on.

Barty:)

[maryhillgull]

Collected my "statements" from Lloyds Bank on Thursday but they are not statements just a list of Account Charges and Fees, and only back until 01/09/2001. I can request earlier statements if I wish which will take upto another 40 days. Now my SAR requested "Statements" and all of them so I take it this is just another delaying tactic from Lloyds and without statements I could not work out "contractual interest" as I would have no way of knowing what my balance was, and the longer they take the more charges will fall outside the limitations act. I know some CAG members are challenging this and have had some success, but not sure it I would go down this path. Should I ask for proper statements or is this all Lloyds have to supply and should the original 40 days apply or are Lloyds allowed another 40 and treat these older statements as another request?

 

I'm also hoping someone can help with the actual charges, on my list of charges there are a number of "CHG O/DRAFT USAGE FEE £20" and a number of "CHG O/DRAFT EXCESS FEE £20". I'm wondering if the first type is an agreed amount that I paid if I used my overdraft and therfore I can't claim it or did Lloyds TSB just change the name and I can claim it.

 

I also have a "CHG UNPAID LOAN £25" can I claim it from this account or would I have to claim under the loan account.

 

Hoping someone can help with the above points

 

Cheers Maryhillgull

[BARTY]

Hi

You can claim both o/d excess and usage fees, and the unpaid loan ones.

I think from what I've read, they don't have to supply proper statements, but this doesn't help if you are wanting to claim CI.

Barty:)

[maryhillgull]

Thanks Barty

 

I'll add the loan chg in as well as the all the O/Draft charges.

 

Cheers Maryhillgull

[maryhillgull]

Total for charges is £1335.00

 

Intital request delivered to the branch today. Now I've got a decision to make, my statements go back to sept 2001 I have requested the rest but wanted to get the ball rolling. Even though I live in Scotland I was going to use my Mum and Dads address in England and persue for 6 years worth (or more if the banks provide statements). However I'm now thinking of using Summary Cause up here for all charges from May 2002 about the time the SC will be submitted which will be £1,075 + £329.34 Interest (8% Judicial) + Costs. Which will keep it under the £1500 limit.

 

Then when Lloyds send me the rest of my statements (whenever that is) I could persue them in the English courts for all charges before May 2002, without the 6 year limitation, I might also then include CI.

 

I know this might seem a bit silly but I have studied up on Summary Cause and am very happy to do this (am also going after SHABBEY in Scotland) and it seems SC means you get your money a bit quicker. which I could really do with right now. I can then take my time with the rest of the claim and get it done properly. It's just that if I wait for all the statements and then just use the English courts I may have to wait a lot lot longer for my money as Lloyds seem to be best at dragging things out with stays and set-asides etc....whilst I'm prepared to travel down to England if required I see that a lot of cases are being transferred to the Mercantile courts which may mean more than one trip.

 

Is there anything stopping me using both Scottish and English courts on the same A/C obviously not for the same charges. I also realise that I will have to make it clear that I'm only accepting the settlement from May 2002 when I win and that I will be persuing the remaining charges.

 

Any help much appreciated even if you tell me I'm being stupid doing it this way:|

 

Cheers Maryhillgull.

[BARTY]

Hi

Try asking in the Scotland forum, see if they know:

http://www.consumeractiongroup.co.uk/forum/scotland/

 

Barty:)

[maryhillgull]

Usual "FOB OFF" letter from Lloyds recieved stating this is a fee for a service. So LBA sent today, another 2 week wait then off to the sheriffs court.

 

Oh humm at least the weather is nice up here!

[maryhillgull]

Nothing more from Lloyds so Summary Cause Action raised on Tuesday, now waiting for the forms back from court so I can get a Sheriffs Officer to serve them.

 

Cheers

[maryhillgull]

Sheriff's Officer serving my Summary Cause either tomorrow or Monday

 

My Return date is 27/06/2007 and Calling date is 04/07/2007.

 

Looking forward to my day in the Sheriffs court if it comes to that.

[maryhillgull]

We'll after a lot of chasing I finally got my cheque from Lloyds on Thursday!! They still owe me £16 in interest which I will write to them and demand but not going to loose sleep over it!

 

WOOHOOO I've WON I've WON :-DI've WON :-DI've WON :-DI've WON :-DI've WON

 

I's been a long six months but thanks to all the wonderful people on here it's not been too bad!

 

 

Contirbution on its way!

[lyns]

Well done! I am just starting with TSB fresh from a capital 1 win.

[BARTY]

Congratulations!!:D

Barty:)

[nicsussex]

Excellent news - well done!