Flanbo63 vs Lloyds TSB

[flanbo63]

Hi to everyone,

 

I've just started the ball rolling by printing off my SAR under the DPA so here goes!!

 

My brother has just been offered a full payout by NATWEST at the first hurdle - lucky him:D

 

However, by reading this site I don't see Lloyds TSB quite ready to accept the inevitable in quite so magmanimous a manner so I'm digging in for the long term.

 

Good luck everyone.

[Janet-M]

keep us informed on your progress in this thread

[flanbo63]

Just received copies of my statements, no sign of any internal notes though which I'm sure they must have.

 

I've had a quick run through the statements and it looks like my claim will be around £870.00 although I will use the templates for a final figure when I get home and access to my own PC.

 

Has anything developed with regards to the so called goodwill payments being made by Lloyds as mentioned in the newsletter?

[flanbo63]

Could anyone assist me out there please? I'm compiling my schedules of charges for two accounts. Unpaid S/O and overdraft excess charges are no problem but what about account charges themselves? For one account I'm paying between £12 and £15 per month and for the other only £2 per month can these be included in the claim?

 

Any advice greatly appreciated.

[Rolfness]

hi

 

from what Ive read so far here no you cant claim the account charges, I presume you have a gold account or something like that with the bank.

 

in the FAQ theres a section where you can see what you can claim and what you cant claim.

 

Ive started the process too, not sent any letters yet but Im reading up as much as possile so Im a bit more clued up during the process.

[flanbo63]

Thanks for that Rolfness I kind of thought that would be the case but didn't want to miss a trick. I'm becoming as greedy as the banks;)

[nicsussex]

I'm becoming as greedy as the banks;)

 

You mean you are claiming something in the region of £4bn per annum?

[flanbo63]

I wish nic lol.

[flanbo63]

Right I'm posting my prelim letter today. I've delayed it a month as I've been abroad and didn't want them to think my late enforcing of the 14 day deadline was in anyway a lack of determination. I worked in the fact that I've been a customer for over 20 years into the letter, I know it won't earn me a jot of sympathy with the bank but I'm thinking ahead up to and including a judge reading the correspondence and any groundwork here may enhance my claim later on. I can't see it doing any harm.

 

Good luck to everyone else - keep going!!

[flanbo63]

Hello everyone, I've received my standard letter back from Lloyds - sorry your not happy blah blah blah but tough, take it up with the ombudsman etc. So I'm in the process of completing my letter before action which I will send tomorrow unless anyone knows of a reason why I shouldn't? I don't see the Berwick ruling as having a detrimental effect as long as I get my paperwork in order. Also the LBA specifically asks Llyods TSB to provide T&C's throughout the period and this should count for something in court.

 

As an aside I was in a branch in Leeds this week paying in some money and was invited for a chat with a relationship manager, which I attended to see if it was a PR exercise. Lo and behold it was!! I saw a relationship manager who twiddled with my accounts to get a better APR (why they don't do this automatically beats me if they're so caring). They also brought in a mortgage manager even though I don't have one with them. Her sole purpose seemed to be to tell me how wonderful the bank was and that they weren't the devil incarnate, wouldn't eat the first born in my household and that every man, woman Jack of them from CEO to the cleaners were committed to save me money!! Has anyone else had the pik and fluffy treatment?

[flanbo63]

Quick update, as expected no response to LBA so I'm preparing my N1 etc I've got my witness statement, copy bank statements showing charges, OFT report, Martin Orton letter, transcript of interview with Peter McNamara, copy of the the early day motion, copies of relevant case law and the UTCC regs.

 

What I need help with are the following:

 

1)I'm looking for T&C's but how many shall I put in the bundle? I was thinking just one from around the time my claim goes back to and a recent one to show their terminology hasn't changed drastically?

 

2)Should I re-do my charges schedule as the original was completed a few months ago and more daily interest will have accrued by now?

 

3)Is there a standard form of words to use as a guide to filling in "the brief details of claim" on the N1?

 

Any assistamce would be gratefully received.

 

Thanks in advance.

[Champnos]

Sounds like your jumping the gun a little, you need not prepare your court bundle yet, sounds like that could be way off. Just file your claim and uinclude a breakdown of all your charges and interest being claimed.

 

Help for filing N1 can be found here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[flanbo63]

Ah yes, just re-read the courts website. Thanks for that Champnos. Just as well because my printer has just decided to run out of ink!!

[flanbo63]

Just a quick update. My N1 has been filed and deemed to have been served as of 20th June. The clerk at the court tried persuading me to take it to the ombudsman and when I said that would take months/years she claimed a new set up was in action for bank charge claimants which was quick and easy. Anyone heard of this or is it just the courts trying to have a breather?

[Champnos]

I have not heard of this yet, a know a few people going through the Ombudsman, some claims get paid within a couple of months but some dont. Hope they have implemented a new system to help all claim back these unlawfull charges

[flanbo63]

It would be nice if the whole process could be simplified but I was sure I would have read about it here first so insisted that I went down the small claims route. Could well have been a harrassed clerk trying to fob me off as she admitted they were being swamped by claims.

[flanbo63]

Hi all just a quick request for some advice.

 

My claim was deemed to be served on 20 June 2007 and Lloyds had until 4 July 2007 to reply/acknowledge etc.

 

This deadline passed and today (10 july) I phoned the court to see if they had heard anything and they hadn't although they said they were 2 weeks behind processing mail!! They advised me to file for judgement anyway and if a reply was in the backlog they would halt proceedings. Fair enough I thought as a further two weks takes it past the 28 days required for Lloyds to file a defence.

 

However lo and behold a letter has arrived this afternoon from Lloyds and I will quoute it here:

 

9 July 2007

 

Complaint Ref 14****

 

I wrote to you four weeks ago to update you on our investigation of your complaint.

 

I am really sorry we are still not in a position to respond fully to your complaint. Because we have not responded fully yet, I want to ensure you understand your rights. So I am enclosing the Financial Ombudsman Service (FOS) explanatory leaflet, which sets out their role and how to make contact.

 

You will see from this leaflet that you do have the right to refer your complaint to the Ombudsman if you are unhappy with the delay. However, I would be grateful if you could please bear with us for a little so that we may try to reach an amicable conclusion.

 

I will continue to monitor the progress of your complaint and would like to take this chance to thank you for your continued patience.

 

Yours etc

 

Does this letter count as acknowlegement of my claim even thoughit doesn't refer to it?

 

I find the letter amazing as I wasn't aware they were investigating my complaint as all other correspondence has basically told me to b*gger off and be grateful to Lloyds for not charging me double!! And I'm sure they could have finished "investigating" it by now.

 

Anybody got any answer to my question or similar letters etc?

 

Thanks

 

Lee

[christinajanep]

hi this letter is a standard thing nowa days, i would go ahead and apply for judgement

[flanbo63]

Thanks cjp much appreciated. You think you know what's right but it's nice to get another opinion.

[christinajanep]

better to be safe than sorry

[nicsussex]

The letter is irrelevant - the case is now subject to a county court claim and they know this - proceed for judgement - however don't be surprised if the defence is filed late and allowed by the court.

[flanbo63]

Thanks nic I will proceed for judgement. Nothing would surprise me about the court system in england & Wales!!

[flanbo63]

Hi all, just a quick post. I have received Lloyds defence from the court over the weekend. It doesn't appear to be saying much and certainly doesn't offer any case law etc to back it's claims. I've also got an AQ to fill in and return. Now this to my mind seems fairly straightforward but just to be on the safe side can anybody advise me of any pitfalls with this form before I fill it in?

 

Thanks.

[christinajanep]

hi, i think the only pitfall to the aq is the fact u have to pay £100 (this is claimable). i dont think it makes any difference to the outcome of ur claim

[flanbo63]

Cheers CJP I thought it looked innocuous enough. The extra £100 is a pain though, so much for justice being made cheap and available it's cost me £220 so far!!