LLoyds PPI and bank charges court claims issued

[GaryH]

Hi Gary,

 

Where did you file the claims, just out of interest, was it MCOL or local court? And did you remove reference to the consumer regs in the business POC?

[Gary67]

Actually went to the local court and delivered by hand.

 

No, didn't remove the consumer regs part from my poc, even though took great care with the LBA, I had already noticed this and I am going to the court next week to change it. I think this will cost me £35.00, don't know how I let it slip through like that.

 

My guess is, my local court is the same as yours!!

[GaryH]

Swindon then I take it? They're very good actually, under-staffed but the clerks are exceptionally friendly and helpful. Judges are fairly conservative with their orders though, so don't get your hopes up too high for an abuse of process strike out or anything like that!

[Gary67]

YIKE :o

 

What is an abuse of process???

 

I presume you mean lloyds not responding so far? If that is the case i am already expecting a reply any day.

[GuidoT]

In GaryH's context abuse of process example:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/20752-kazzaw-lloyds-asset-card.html#post467620

[Gary67]

Although I have now claimed on 5 accounts and have 3 court cases pending I am now claiming for my partner and am just writing yet another SAR.

 

While reading this I noticed that on the SAR request it actually states that I will be reclaiming the £10 charge if I decide to take action, so far on my claims I have failed to do this and my guess is so have an awful lot of others.

 

Just a thought, but it's another tenner!!! ( or in my case 50 quid!! lost ).

[John72]

Surely that's a legitimate cost of you obtaining information under the Data Protection Act? How can that be reclaimable in the same way as the bank default charges are?

 

John

[PPMAN159]

Agreed-it is not a charge that has been levied by the bank so as such it is not reclaimable.

 

But if you get your money back with 8% interest on top, then surely that more than makes up for the initial DPA charge!

[Gary67]

BUT, if the charges weren't illegelly taken in the first place then we wouldn't all be sending for this information. Therefore it becomes part of the problem and IS claimable.

[PPMAN159]

We will agree to disagree.

[John72]

The £10 charge is one that, although levied by the individual data provider (in these cases the individual banks), is regulated by statute and is a bona fide imposition. As such it is legitimately being charged by banks for providing, effectively, duplicates of information you will already have received from them in the form of bank statements etc.

 

Many claims against the banks will, of course, be proceeding on the basis of retained bank statements without the need for the DPA information being requested.

 

John

[Gary67]

Oddly enough I do agree, I just noticed that part of the SAR letter states that the £10 charge will be claimed back.

 

Perhaps it should be removed from the template letters if it serves no purpose.

 

(

PPMAN159We will agree to disagree.

 

:o reminds me of my ex wife, I once replied "no, because I'm right" and NEVER lived it down, I think it was about this time we realised we couldn't even agree to disagree and split up;) "

[PPMAN159]

They never let you forget do they Gary!

 

Good idea about removing the £10 statement from the SAR

[pt2537]

surely , bearing in mind that the banks do not wish to see the inside of a court room you could insist they pay the ten pound charge for the SAR as its a cost that you incur on the road to reclaiming your bank charges.if they didnt take the money for unlawful charges in the first place then we wouldnt need to use the SAR and as they wont want to go to court they are surely gonna pay

[PPMAN159]

If that is the way that you feel PT then go ahead and add the £10 charge to your claim.

[pt2537]

hi PPMAN159,

 

it was just a thought, as we have seen the banks fold at the last hurdle so why not take the opportunity to get an extra tenner. its gotta be worth a try at least.

 

tenners better in my pocket than theirs after all

 

regards

 

paul

[PPMAN159]

Fair point

[John72]

Hi Paul

 

£10 is only £10 and, as you say, it might just slip through the settlement "net" at the end of the day. However, I think what we are all about is making a legitimate claim for those charges which are arguably unlawful and should never have been deducted in the first place. It is not for the defending bank to unreservedly be paying for all the costs you may have incurred in bringing the matter to Court?

 

John

[Gary67]

It is not for the defending bank to unreservedly be paying for all the costs you may have incurred in bringing the matter to Court?

 

John

 

But they never get to court, if the banks paid up straight away they would save court costs & interest, and themselves a fortune into the bargain.

 

The point to this thread was to clarify what is written in the SAR, and I can see both sides, one, we only want our money back and two, we don't want to be seen to be a tight greedy bunch.

 

BUT, do the banks care about us when bouncing a £10 cheque and charging £35 for doing so?? It is a tough one that is probably split 50/50 as to whether it should be reclaimed or not.

[babynan]

HI,

 

I have been reading through these threads, very interesting. I would just like to say that as was pointed out that SAR template it does state that you would claim back the 10.00. I just wanted to say that many people include this fee in their claim and get it back ( I have included in all my claims)

As it has been pointed out, we would not have to make this request for statements etc if charges had not been added to the accounts. Also you will notice that many banks in fact are returning the 10.00 and passing on the info that you want for free............

I included the 10.00 SAR fee on the spreadsheet after the total of all bank charges., and then gave an overall total.

It also makes a big difference to people who are only claiming back a small amount but have had to pay this money to get the details:rolleyes:

 

I suppose at the end of the day it is up to the individual, but if you claim back the 10.00 and you win your claim, this 10.00 is paid back within the settlement.

 

Good Luck:razz:

[monopoly23]

On my SAR template it didnt include the fact that I would reclaim the £10 charge but I will include it in my costs.

 

Also, the £10 is the MAXIMUM charge and Lloyds are perfectly happy to charge as much as they can and take this from us even though some banks are giving us our requested info for free...

[Gary67]

Lloyds filed Acknowledgement of Service 17th April indicating they intend to defend the whole claim, thus giving them another 28 days to file a defence.

 

AND in the same post a letter from Andover updating me on my complaint, this is the standard 'we told you four weeks ago we would look into your complaint and get back to you in the next four weeks, this letter is to tell you we are no further forward and we'll get back to you in the next four weeks' it then thanks me for my continuing patience.

 

 

I'll await my next two Acknowledgement of Service's in the next few days then and continue waiting patiently .

[GuidoT]

They have 28 days from the deemed date of service, not the Acknowledgement of Service.

 

Anyway these should help you complete the AQ which is the next stage, New Strategy really a must now:

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

.

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

[Gary67]

Thats good news then, they have until 4th May .

 

I'll go and read those now.

[faithless60]

that's the reply I got, do I send my court papers to Andover or the Leeds one I have been using. This letter I got came from Andover.