Ena01 V Lloyds

[ena01]

Hello all,

 

I think I have started a new thread in the correct place?

 

I have got two bank accounts with lloyds, I have just received my Data Protection Act statements and have totalled up £1370 in charges.

 

I also have another account which I have looked on the internet and this too has £1600 charges and counting as i can only go to July 2002 on the web and have to contact lloyds again for any previous statements.

 

Should I proceed with the Preliminary approach for repayment letter for the first account and proceed with the second account at a later date or should I wait for the banks to send the Data Protection Act statements and take action against lloyds for the two accounts at the same time?

 

Gosh I do hope this makes sense to someone,

 

Many thanks

 

Claudia

[121o121]

Your thread is fine.

 

The two accounts will be dealt with seperate, and you will need to file two seperate claims.

 

You can send the prelimary letter now for the account you have all your statements for and get the claim underway.

 

On the second account, send a subject access request for the two missing years (2001 - 2003) now. At the same time send them your prelimary letter based on the four years you can get online. If your start your claim now then it saves a lot of waiting around. This should tie in with your 28 day deadline for the SAR. When you get your SAR statements, just add the extra charges on before you start litigation.

 

Hope this makes sense. Its how I 'd deal with the situation.

 

Regards

[jessica0704]

Hello there, I would carry on with the first one, unless you would find it easy doing them both at the same time. I would start one and then start the other when you get the information you need, why wait its your money. Hope that helps?

[ena01]

Hello, please help, am i correct in thinking that when i file my MCOL I can only claim for exactly 6 years i.e, i can only claim from 20/04/2001, without it getting messy?

 

When I sent my request for payment letters, i asked for money dating back to 24/01/2001 (6yrs&2 months, £1360).

 

Does this mean i need to re-work my sums and when i fill out MCOL miss out the pre- 6 years claim, and does this matter if i've already sent my LBA & asked the bank to refund me the amount of £1360 and then I file a claim with MCOL for a different amount i.e - £1305 + £284.40 interest?

 

Wow I hope this makes sense and someone can help me out, I've read it back to myself and struggle.

 

Thanks again,

 

Ena

[jessica0704]

Dear Ena

Now that you have started it that way I would just carry on and include the 2 extra months that you have been, I did I think mine was an extra 4 months and the trouble is when you get to this stage, if its anything like mine they will settle out of court and will jsut pay you what you are asking for.

If it were me I would leave it as it is.

If I can be of further help let me know.

J

P.s: Sorry i take it they did not reply to any of your letters then? So then the chance are the 2 months would of been included only they have taken so long, don't worry about it.

[ena01]

Thank you Jessica, I decided not to include the first two months as i don't want to make this any more difficult, or give Lloyds any reason to get back, and besides, Its not too much money to worry about in terms of the amount they owe me!

Thank you so much for your help, I have filled in the MCOL and hopefully take it from here! I would appreciate any more help you can offer when it's needed

 

Thanks again

 

E N A

[jessica0704]

Thats ok I am glad to help. You are probably right in the scheme of things would be easier, but don't forget it is you money. MCOL filed so not long now then! Have they not responded to you at all then? and I would be happy to help if you need any more advice, it is always good to have someone to chat to as sometimes I found it quite stressful especially all the waiting!

[ena01]

Hello, I've just received notification from the court that Lloyds intend to defend the claim, what is the next step now? do I have to send a AQ off to the courts? where do i get the form?

 

I appreciate any help, and getting a little worried as it's become so public now, i'm worried i'll miss the boat with the claim.

 

Thanks again for the help

 

E

[BARTY]

Hi

You should get a copy of the defence in the post and you may get an AQ to fill in. If you do get one, use these links to help you fill it in:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

If you don't receive one, read this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Good luck, let us know how you get on.

Barty:)

 

 

[ena01]

Thanks Barty,

 

That makes sense now i did recieve the following...

 

Without hearing

 

it is ordered that :-

 

1. the filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise etc.

following the link you sent,it suggested filling in an AQ anyhow. However, I know i'd get the money back but I'm very short on cash at the moment, would it be safe not to send an AQ?

 

Can you suggest what's the next stage, do I sit and wait for the court to get back to me or should I be doing anything else now? I hope i'm getting close now

 

Thank you so much for your help,

 

E

[ena01]

I have just received a letter from SC&M saying Lloyds will pay up providing I agree to the following conditions;

 

1. The above amounts of (£1828.86 in total) will be credited to your

account

2. The payment will be in full and final settlement

3. the terms of this agreement are confidential to the parties and their

legal representitives

4. you agree to maintain your account with the bank within your agreed

limits and in accordance with the erms that govern the account

5. You can avoid these fees in future if you agree an increase in your

overdraft etc.

6. You make contact with the local Lloyds TSb branch manager to arrange

a review of your account

7. you must notify the court immediately once payment has been made and provide a copy of your letter to the courts for our records.

 

I have another account with Lloyds i will be sending my request for money to shortly, but am going to wait until the cash is in this account before I do so.

 

Can anyone please advise what I need to do next? Do i cross out some of the clauses from this and send on to SC&M?

 

I'd really appreciate the help i'm nearly there and don't want to fall at the last hurdle!

 

Thanks

 

Ena

[GuidoT]

See this for acceptance without their conditions:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/48032-jakena-barclays-4.html?highlight=acceptance%23post718754#post718754

[BARTY]

Congratulations!! :D

Barty:)