anonadams v's lloyds TSB

[anonadams]

Hi all, I started my claim against Lloyds TSB approx 3 weeks this is how far i have got so far. with letters sent and received. I am fortuante as i sue internet banking and my account goes back to the day i opened the account in 2001.

 

The total charges in that time = £2605.15.

 

First letter sent to Lloyds TSB on the date shown. Obviously removed all personal details

 

02 February 2007

 

Lloyds TSB

Royal Parade Plymouth

8 Royal Parade

Plymouth

Re: Default charges on account number

Dear Sir/Madam,

I refer to default charges which have been applied to my account by Lloyds TSB, amounting to £2605.15

I have been a loyal customer of Lloyds TSB for five years and 4 months. I have always maintained my account well and believe that the charges applied to my account do not reflect the cost to the bank of my account going into unauthorised overdraft.

I therefore ask that you repay the amount of all these charges, £2605.15.

I am happy for you to contact me on or to discuss the matter.

Yours faithfully

 

I received this leter in response which i believe to be the bog standard letter

 

Customer Service Recovery Centre

Charlton Place

Andover

Hampshire

SP10 1RE

 

Date: 15th February 2007

Dear Mr XXXX,

 

Thank you for getting in touch with us. I am sorry you are unhappy over your account charges.

 

Like any business, we do make a charge for some extra services. When a customer doesn’t have enough in their account to cover a payment, this always means additional work. We must either make the payment via an overdraft or send the payment request back. Either way, it has to happen speedily. We feel it’s only fair to charge for the extra work involved.

 

Of course, it’s only fair, too, that we’re completely open about any charged-for services before you take them up. That’s why we take care to provide every new customer with the latest guide to our charges. You can also get up-to-date details about fees and borrowing rates at all our branches, via our helpline and on our website.

 

Just as importantly, we do everything we can to help our customers avoid charges altogether.

 

I’m sure you’ll know how easy it is to keep a running check on how much is in your account. You’re free to get an up-to-date balance at any of our cash machines, over the phone, online and nowadays even by text to your mobile.

 

If you know a payment is going to take you over the limit, you’re welcome to see if we can raise your limit – and we can usually give you answer straightaway. You might know, too, that we don’t usually charge fees if it’s the first day in 12 months that you’ve gone overdrawn without agreeing it with is beforehand. And we never charge an overdraft excess fee more than three times in any one month, however many times you go over your limit.

 

You’ve mentioned the new guidelines from the Office of Fair Trading on credit card default charges. We don’t agree with the OFT’s thinking on this and we’re still talking it through with them. But the important point is that guidelines only concern ‘default’ charges. The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard prices for the service we provide in these situations. So according to our legal experts, the OFT’s guidelines on credit card default charges do not in any way apply.

 

I do hope you can see that we make our charging system as fair as possible – and why I cannot agree to cancel your 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 enclosed their leaflet that outlines how t contact them.

 

Thank you once again for taking the time to raise you concern with us.

 

Yours sincerely

 

Debbie Gilbert

Team Manager

Customer Service Recovery Centre Andover

 

In reply to this i have drafted the following letter and am awaiting the reply.

 

19th February 2007

Lloyds-TSB

Plymouth Royal Parade

8 Royal Parade

Plymouth

Re: Default charges on account number

Dear Sir/Madam,

I refer to default charges relating to unauthorised overdrafts which have been applied to my account Lloyds TSB amounting to £2605.15

I wrote to you on 5th February 2007 asking that you repay these charges as a gesture of goodwill to a loyal customer. Since you have not done so, I intend to take the matter further and claim the amount of £2605.15 through the small claims court.

The basis for this request is that under the Unfair Terms in Consumer Contract Regulations and/or the law of penalties, the small claims court could declare such charges unfair and therefore unenforceable.

I am only prepared to pay the charges on the condition that the bank agrees to repay me the full amount if the small claims court finds in my favour and declares the charges unenforceable.

I look forward to receiving your response within seven days of the date of this letter or I will issue proceedings in the small claims court to reclaim the full amount of charges, plus interest and costs.

I am happy for you to contact me on to discuss the matter.

Yours faithfully

 

They also provided a phone number to contact them on to discuss my case further if i wished and alas this is constantly engaged even at 22:30

 

any suggestions would be appreciated thankyou.

 

On my way to buy the small claims pack from a shop

 

 

[Advoc8]

You wait for a reply, if you don't get a full offer of settlement you proceed to the court stage. Simple!

[neonron]

hi were in process with tsb 1st 14 days letter we got more or less same reply as yours we then sent a further 14 day letter that warned them of court proceedings ,we sent this on the 12 feb and we havent yet got reply from this, they seem to be the worst bank our charges relate to £6,145.00 over the 6 yrs, keep at it and carry on take em to court i certainly am we are in the right they are in the wrong. thanks ill keep u updated too

neon

[anonadams]

I am now looking at putting my N1 together in preparation for filing it at Chester Courts, i have used the template provided in another thread.

 

I would appreciate a list of what is required for a court bundle, i have kept a copy of my letter sent and also kept letters received from LTSB.

Any pointers of other literature to use would be great.

 

I am also awaiting my small claims kit forgot to put my username on the purchase order :o

Many thanks.

[BARTY]

Hi

Have a look at the following:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Good luck!

Barty:)

[anonadams]

thanks barty has been very helpful

[anonadams]

Issued Small claims proceedings and as usual SC&M have filed a defence on the last possible day awaiting the allocation letter from the courts now.

[neonron]

hi just in process of doing my allocation but im a bit stuck with it at the moment but checking the site for all infomation i need

update shortly

[anonadams]

Hurray i have filed my allocation questionaire and have a court date set for the 16th May at chester crown court. at last light at the end of the tunnel.

[anonadams]

Have received a letter from SC&M offering a full settlemen this morning please move to won section thanks

[BARTY]

Congratulations!! :D

You need to PM a Mod and ask them to move you.

Barty:)

[nicsussex]

Congratulations on your win - are there any conditions attached?

[anonadams]

Congratulations on your win - are there any conditions attached?

 

conditions the length of my arm on the letter and the usual speel about not accepting liabiliy etc.

[nicsussex]

What conditions - can you post them here?

[anonadams]

you are laready aware that the bak intends to defend these proceedings on the grounds that the legal basis for your claim is incorrect.

 

1. As a matter of law, whether or not a clause providing for a payment is a penalty only arises where there has been a breach of contract.

 

2. When you asked the bank to make payments from your account that would have caused you to exceed any overdraft you had previously agreed with it, you were requesting it to agree to a new or higher overdraft.

Your request to the bank to make a payment was not a breach of contract, nor were you in breach of contract when the bank either agreed to make that payment, or declined to do so.

 

3. The bank was entitled to charge a fee for, amongst other things, urgently considering your request and for telling you it had agreed to it, alternatively for telling you it had not been agrred to it and returning the payment through the clearing system.

 

4. you were aware of existence and amount of fees that the bank charged for these services, and they were properly due under the contract between you and the bank.

 

5. your claim for repayment of these fees is therefore misconceived.

 

As you have read, the bank, together with other major banks is presently discussing the legal basis for these charges with the office of fair trading. The bank considers it unhelpfu to pre-empt the outcome of those discussions by requiring the court to adjudicate on a particular claim, especially because the legal and the other costs involved can easily exceed the amount in isssue regardless of who "wins" at the end of the day. This is true for you as it is for the Bank.

 

Accordingly, the Bank is, without prejudice to the position is willing to pay you the £xxxx.xx you are claiming by way of bank charges nd interest if pleaded, plus court fees of £120.00 in full and final settlement of your claim. This will be paid on the following basis:

 

1. The above amounts (£xxxx.xx in total) will be paid to your account number.

2. The payment will be in full and final settlement of your claim.

 

3. the terms of this agreement are confidential to the parites and legal representative.

 

4. you agree to maintain your account with the bank within your agreed limits and in accordance with the terms that govern the account.

 

5. you make contact with your Local branch manager to discuss your banking needs.

 

6. avoid these fees by arranging overdrafts in the future etc.

 

7. inform court of final settlement via letter upon receipt of payment.

[nicsussex]

I think you can agree to 1 & 2(if the amount is correct) and 7. Up to you but wouldn't agree with the others.