Shaz vs Lloyds TSB * * WON * *

[stahir]

Its ok.....I found it!!!

 

Will let you know what happens.

[Guest Lueeze]

Ive merged some of your threads as you have 5 in Lloyds section!

 

Louise

[stahir]

this letter in reply to my LBA letter.

 

Dear Mrs xxxxxx

 

Thank you for your e-mail dated 8 May 2006. I am sorry to hear that you have not been happy with our response to date.

 

Unfortunately there is little I am able to add to Ms Horton's letter dated 13 March 2006 and I am only able to refer you back to the terms and conditions of your account, although I do respect you opinion about our charges.

 

This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. I have attached a leaflet, which outlines how to contact them.

 

Yours sincerely

 

David Just

Assistant Manager

 

 

Im going to wait until my 14 days are over and then take them to court.

[sweetcyanide]

Good luck, I've just sent my LBA and am expecting exactly the same response shortly.....

[stahir]

Ummm.....I was just wondering if I should wait the 14 days out or not since they've made it clear they're not going to do anything about it.

 

What do you guys think??

[sweetcyanide]

I would do, then if it goes to court you've shown that you've given them a reaonable amount of time. Maybe even send them another letter after 7 day saying "I appreciate this is your final view, so you have another 7 days to reconsider after which I shall be filing my claim". I know I'll have to give the 14 days as I won't have any money to file my claim until then!

[Spiceskull]

Press on with your claim. You gave them 14 days before action, unless they replied unfavourably beforehand. They have done so, they have explicitly stated that this is their final position, so no reason at all for you to delay. Good luck.

[dave]

I agree - if you write again they'll probably just have a little chuckle to themselves and send you another reply saying the same old tripe.

[stahir]

Right........will do guys, thanks for your help.

[stahir]

Even tho your allowed 1080 words youre only allowed 24 lines and my 'particulars' go on to page 25 at 1060 words.......how can I cut this short.....please help!!!

 

I have a contract with the defendant bank

dated 1995,which is conducted on their

standard terms and conditions. I am claiming

the return of money taken by the defendant in

the way of charges over the last 6 years plus

the interest they have levied on those

charges. The bank's charges are a

disproportionate penalty and therefore

unenforceable as they are contrary to common

law. Further, as a disproportionate penalty

they are invalid under the Unfair (Contracts)

Terms Act 1977 s.4 and under the Unfair Terms

in Consumer Contracts Regulations 1999.

Para.8 and sch.2(1)(e). In the event that the

charges are not a penalty then they are

unreasonable within the meaning of the Supply

of Goods and Services Act 1982 s.15. I have

repeatedly asked the bank to justify

their charges but they have declined to do

so. The claimant also claims interest under

section 69 of the County Courts Act 1984 at

the rate of 8% a year from 2.1.2001 to

12.5.2006 of £210.10 and also interest at

the same rate up to the date of judgment or

earlier payment at a daily rate of 0.31.

[Guest Lueeze]

I have a contract with the defendant bank

dated 1995,and conducted on their standard

terms and conditions. I am claiming return of

money taken by the defendant in way of

charges over the last 6 years and interest

they have levied on the charges. The bank's

charges are disproportionate penalty,therefore

unenforceable as they are contrary to common

law. Further, as a disproportionate penalty

they are invalid under the Unfair (Contracts)

Terms Act 1977 s.4 and under the Unfair Terms

in Consumer Contracts Regulations 1999.

Para.8 and sch.2(1)(e). In the event that the

charges are not a penalty then they are

unreasonable within the meaning of the Supply

of Goods and Services Act 1982 s.15. I have

repeatedly asked the bank to justify

charges but have declined to do so.The

claimant also claims interest under

section 69 of the County Courts Act 1984 at

the rate of 8% a year from 2.1.2001 to

12.5.2006 of £210.10 and interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of 0.31.

[stahir]

Thanx alot Lueeze, its gone through! x

[Guest Lueeze]

Thats okay...i just removed things like 'the'

 

Good Luck!

 

Lou x

[stahir]

O and I just noticed you merged my other threads......lol......thanx for that too! xx

[stahir]

Right....put a claim in with Moneyclaim on 12/5/2006. Case No. 6Q230786 for the amount of £1529.10 inc court costs........and am now raring to go!!

[stahir]

Bank will be served on the 20th of May 2006............Lloyds TSB now have until 3rd June to reply.

[stahir]

THEY'RE PAYING UP!!!!!!

 

Got a letter from them this morning saying laying out why they're in the right! Hahaha.........but "regrettably the costs of resolving the dispute can easily exceed the amount in issue regardless of who "wins" at the end of the day. The Bank is therefore willing to settle your claim on the following basis:

 

1. The amount of your claim, £1529.10, will be credited to your account.

 

2. You must cooperate with the Bank's request that your account is reviewed.

 

3. You must maintain your acc within your current limit, and any new limit agreed with the Bank.

 

4. Payment will be in full and final settlement of this claim and any further claims you have or may have against the Bank arising out of or in any way connected to this claim.

 

5. These terms and any correspondence entered into in reaching settlement, of which this letter is one, will remain confidential between you, us and the Bank."

 

 

Upon account review I may have to change Banks......but thats no big loss really, is it! ;-)

 

So the next step is to acknowledge the letter and have the money credited to my account + have my account reviewed...hopefully this week.

 

Will let you know what happens

[cathrionas]

Fantastic!!!! Well done.

[mario]

Brilliant,and before they say it, don't forget the donate button.

[Empire Strikes Back]

Well done brill,we had one as well but note no 5 condition

[robcat35]

hi everyone,

 

have just read through this thread as i have just received the same letter this morning reguarding the money being credited to my a/c.

 

my only two reservations are if i do sign and return this letter i am bound to confidentiality which is not what i want. i want to be able to tell as many people as possible citing my case as proof it can be done.my othe reservation is not being able to claim regarding any charges i may accrue in future years.

 

any thoughts will be appreciated before i sign

 

thanks in advance.

 

 

rob

[Dappa44]

Surely people are refusing based on no.4 ??

 

Are you not waiving your rights to future claims by accepting this.

Is this request from the bank legal?

 

It seems that they are asking you to accept the fact that they will take unlawfull charges from your account again. Isnt that why we are here?

 

 

Well Done on your claim m8, btw

[sweetcyanide]

Fantastic- Well done! You have already broken number 5 though, so I hope that you're going to tell them where they can stick their confidentiality ;-) And make sure that you can still claim in future too......

[marlow]

Nice one mate. I wonder what the minimum amount that you claim back is for them to actually go through with court proceedings, even though they're going to lose anyway..?? It may be on here somewhere but I haven't read too many threads yet.

[stahir]

Thanx guys,

 

i'm defo not going to stand for the 'charging me in the future' deal and as for confidentiality......like sweetcyanide said......'as if'!!!

 

Lets see what happens when i tell them i'm not having no. 4 and 5!

 

Will keep you posted.