Carbonlife vs Lloyds

[carbonlife]

Hello to all you Lloyds people,

 

I'm about to start a claim each for charges on my personal and business accounts with Lloyds TSB. £2274 before interest on my personal account, £835 before interest on my business account.

 

I'm a bit confused as far as calculating the overdraft interest created by these fees is concerned. The spreadsheets seem to use a method of approximation which doesn't really work in my case..... For example, on the day the interest was charged, I was often in credit and the spreadsheet calculates the interest charged as zero. Some people in this thread http://www.consumeractiongroup.co.uk/forum/general/6964-spreadsheet-interest.html have entered -0.01 as a workaround when this is the case but that just doesn't seem right to me.......

 

Has anyone got any suggestions as to alternative methods (and formulae) for calculating overdraft interest on charges?

[carbonlife]

Replying to my own thread.... Sending two LBAs today. I have a question - LTSB are continuing to charge me - no surprise - so the amount I'd like to claim is now larger than what was mentioned in the request for refund of charges........... What's best to do? Stick to the same amount, let it run and then when they make the refund, repeat the process for any amounts that weren't in the original claim?

 

Also, in my original post, I mentioned the workaround that some people are using in the spreadsheet with interest of entering -0.01 as the overdraft amount during a month when there is no overdraft. I thought I'd add to this by saying that it is surely more satisfactory to use the "most negative balance during the period for which interest was charged" for months where the date in question gives a credit balance. This will give a lower interest figure which is probably more in favour of the banks however using -0.01 is inaccurate and could be construed as a deliberate miscalculation; in this respect, it's better to be cautious, I think.

[mattyb13]

you can add the latest charges on to your lba and upto when you file at court

[carbonlife]

Thanks for that Mat. Can anyone confirm that they have added charges after the lba and been successful or whether this is acceptable?

[GuidoT]

It is fine to add on charges right up to the point of filing your claim at court. After that it becomes more difficult.

[carbonlife]

A letter from LloydsTSB re. my business account...... They say "I notice that you've referred to the Unfair Contracts Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations but these don't apply to you as you're a business customer and these acts and regulations only apply to consumers."

 

That's all very well, but I never mentioned a thing about either of these acts in my request for repayment or LBA or any correspondece over my business account. It's a rather strange thing to add as it shows they haven't actually read my letters to them!

[GuidoT]

Nothing strange here, just confirms what we already know, they do not read what we send them they just like to send their template nonsense letters.

[carbonlife]

Some progress: Lloyds have agreed to settle one of my claims. They tried to impose a confidentiality clause although I removed it..... So, 2 questions:

 

Where do I show the settled amount so that it can be added to the total on the site?

 

And is there a template for telling the court that the claim has been settled? Any particular wording?

 

Thanks to everyone for the support so far........

[BARTY]

Congratulations!! :D

There is a letter in the link below to send to the Court:

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

Bank charges survey is here:

http://www.consumeractiongroup.co.uk/survey.php

 

Barty:)

[carbonlife]

AQ in the post today for my remaining case against Lloyds. Using the new draft order for directions which seems reasonable to me. Still looking for evidence such as old T&Cs but while I haven't turned those up, I have a few items which could possibly be used to help me.

1. A letter from Lloyds stating that I will be charged £0.00 for an excess overdraft fee. In fact they deducted £20.

2. A letter from Lloyds stating that I have been charged £20 for an excess overdraft fee but asking if I wished funds to be transferred from another account. In this case their defence that they are providing a service by using the bank's own funds is not true.

3. I have found an instance where Lloyds have charged me for a returned direct debit where the charge is more than the direct debit. i.e. they have increased my debt by not paying an item. If Lloyds insist that they are providing a service, it is interesting to ask what service is being provided in this case - after all, one assumes that a service must have at least some benefit to the customer.

 

These are just peripheral arguments I'm thinking about but wondered if anyone has any comments.

[carbonlife]

I have received a letter from SCM, very similar to this one: "request for further information"

 

 

Apart from sending the same schedule of charges does anyone have any other advice?

 

Here's what they're asking for:

 

1, Each and every individual amount of the charge that you are claiming and are disputing

1. The date of each and evey charge that you say was deducted from your account

3. How you calculated any interest

4. How you calculate the sum of £XXXXX and

5. Confirm your sort code and bank account number

 

 

I'm guessing 1. and 2. is their attempt to check that you have all your bank statements.

 

4. is a reasonable request perhaps........?

 

But 5. ..........as if they haven't received that information enough times already!

[christinajanep]

hi carbonlife,

 

this is another stunt lloyds are trying to play to delay things, and is normal followed by settlement,

you need to supply them with the info they need just to stay in their( and the judges) good books.

[carbonlife]

Thanks Christina,

 

Any thoughts about mentioning their time-wasting tactics in the reply? Could threaten them with the prospect of wasted costs?

[broke dave]

I personally would think about wasted costs after they have settled. Send them everything they want and copy to the court. The Judge will see what they are up to.

[carbonlife]

Since I have now paid the allocation hearing fee of £100, I should now be adding this to the costs of the claim - do you think my reply to SCM's "request for further information" is a good place to mention this also?

[GuidoT]

Yes and include a total for everything, including the daily interest that has accrued sine the filing of your claim.

[carbonlife]

A little while back I received a "minded to enter into settlement negociations" letter from SCM.... but since the test case announcement, I have heard nothing from SCM and nothing from the court. Any suggestions as to next steps?

 

In particular does anyone think I can use the fact that Lloyds is minded to enter into negociations in order to convince the court not to give a lengthy stay?