MrIncredible V Lloyds TSB

[mrincredible]

SAR sent 3rd Feb by recorded delivery. I've had a letter from them advising I should receive my statements within the next 5 working days. Can't wait to find out how much I've been charged.

 

Although, reading some of the case histories on here - it would appear that LLoyds are very stubborn and like to drag it out all the way through the courts!

 

Wish me luck, everyone!!

[stephgraham]

Good luck with your claim, i'm at the point where i have just sent my aq off and waiting for a court date!

[mrincredible]

Today is 40 days since I sent my SAR. I have received 8 pages of statements, but not the full set I requested. I phoned the Copy Statement Unit who apologised and offered to re-send them to me in the post. But I advised them that would mean me receiving them after the 40 days had passed since my initial Subject Access Request. They advised me to pop into my local branch and get them printed there. This I duly did and now have my last 6 years worth.

 

Got home and totted them all up to £557.00. Not to dis-similar to my figure with the Halifax! I've sent off my Prelim Letter by recorded delivery. Fingers crossed, it'll go smoothly.

 

I've read several other cases against Lloyds on here, and it would seem that they are a lot less likely to offer me a settlement prior to me making a claim through the courts.

 

Oh well, no-one on here has ever claimed it would be easy!

[Will Scarlet]

MrI - it is highly likely that they will offer you a part-settlement which you should only accept as part-settlement and continue pressing for the rest.

I am fighting a case for £642 + Interest + CI at the moment and they (SC&M) are defending it.

It seems crazy to incur the extra cost of legal representation in cases so small but they continue to do so. Their lawyers must be having a field day!

[mrincredible]

I've just read Vastrik V Lloyds TSB success story, and it's given me serious motivation to carry on! Well done Vastrik!

 

14 days is up since my Prelim letter, tomorrow. I've had a fairly standard response from them - saying They're sorry blah blah blah. They'll get back to me in 4-8 weeks!!!

 

So, here's my LBA - going in the post tomorrow. I've re-worded the one from the template library, to meet my own circumstances. Hope I'm not breaking any forum rules by this - MODs please let me know if this is OK.

 

I'd welcome feedback on the way I've worded it, before I post it. Do you think it's a bit too aggresive?

 

 

29th March 2007

 

 

LETTER BEFORE ACTION

Account Number: xxxx

Your Ref: xxxx

 

 

Dear sir/madam,

 

I am very disappointed that you have responded to my letter of the 15th March with a standard response. You ask me to get in touch if I feel you have misunderstood my concerns. Quite frankly, I find this patronising. You may be aware that there has been a lot of press coverage about bank charges. Following this press coverage, I have signed up to the Consumer Action Group Website.

 

I have found out that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. Had it not been for the press coverage, and the abundance of helpful articles on the internet, I would have been none the wiser that your charges/fees are unlawful.

 

I calculate that you have taken £557. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 15th March, but enclose a further copy for your records.

 

I require repayment in full of this money.

 

If you do not comply fully within 14 days then I shall begin a court claim against you for the full amount plus interest (claimed at the annual rate of 8% pursuant to section 69 of the County Court Act, totals £81.69) plus my costs (I understand it to be £80 court costs initially) and without further notice.

 

I would urge you to save yourself un-necessary legal fees, court costs and interest with a prompt response to this letter, advising when you will refund my money.

 

Yours faithfully,

 

MrIncredible

[mrincredible]

*bump* (sorry)

 

I'm going to send my LBA off in the post shortly, and was hoping for some last minute re-assurance that you think my letter's OK.

 

Any advice will be appreciated.

 

[BARTY]

Hi

Looks OK, but they probably won't read it anyway;)

Good luck, let us know how you get on.

Barty:)

[mrincredible]

Right - LBA posted (recorded delivery). 14 days and counting...

[mrincredible]

Hi everyone - I heard some news on the radio at the weekend, about cases being delayed due to the huge amount of people reclaiming their charges at the moment.

 

With the 'Whistelblower' programme and increased media activity on the topic, is it only a matter of time before there's a 'test case' and a precedent set?

 

I'm at LBA stage and getting a little nervous! However, reading many other posts on here, it's nice to know I'm not alone!!

[mcuth]

Hi everyone - I heard some news on the radio at the weekend, about cases being delayed due to the huge amount of people reclaiming their charges at the moment.

 

The court system has been clogged up since around the middle of last year really - the increased publicity can only serve to exacerbate that situation!

 

With the 'Whistelblower' programme and increased media activity on the topic, is it only a matter of time before there's a 'test case' and a precedent set?

 

I doubt it: a) the banks simply don't want their charging regimes exposed and are desperate to keep cases out of court; b) the courts have no power to order a case to go ahead if a settlement is reached; and c) precedent can't be set in the County Court, it has to be a higher court than that - but we're seeing that even those cases transferred to the Mercantile Court (a higher court than CC) are settled, albeit at a later stage.

 

I'm at LBA stage and getting a little nervous! However, reading many other posts on here, it's nice to know I'm not alone!!

 

Don't be nervous - have patience, stick to the process outlined, and keep the faith

 

Cheers

 

Michael

[mrincredible]

Well, 14 days has expired since my LBA was sent (recorded delivery). I'll check the post when I get home from work. If there's no letters from Lloyds offering me a full, unconditional refund, then I'll be following the next step and proceed to issuing a court claim.

 

I guess the next step is to download the N1 Form and fill in all my details. Scary Stuff!!

:o

 

But... With the help, guidance and support of people on here, I'm determined to get my money back!

 

Wish me luck!

[katesage]

Well, 14 days has expired since my LBA was sent (recorded delivery). I'll check the post when I get home from work. If there's no letters from Lloyds offering me a full, unconditional refund, then I'll be following the next step and proceed to issuing a court claim.

 

I guess the next step is to download the N1 Form and fill in all my details. Scary Stuff!!

:o

 

But... With the help, guidance and support of people on here, I'm determined to get my money back!

 

Wish me luck!

 

It really isnt that scary, the first is always the worst. N1 hardcopy is the more satisfying and user friendly way to go about it, rather than MCOL.

 

Anyway you shouldn't be scared, You're Mr Incredible! Use your bank busting powers!

[mrincredible]

Thanks for the re-assurance Kate. Nothing in the post yesterday, so will be filling in N1 shortly. Have lots of other crap to deal with in the mean-time, including the conveyancers screwing up my re-mortage arrangements!!

[mrincredible]

Anyone else get a standard letter from Lloyds TSB recovery centre in Andover? Tel 01264 832297. There's an answerphone on there, but I've left dozens of messages - no reply.

 

What a surprise...

[katesage]

What does the letter say?

 

I wouldnt bother ringing them anymore, just stick to your schedule and file that claim.

 

[mcuth]

I wouldnt bother ringing them anymore, just stick to your schedule and file that claim

 

Absolutely!

 

Cheers

Michael

[mrincredible]

Right - I'm filling in the claim form now! Wish me luck!!!!

[curlychic]

Good luck

Keep us all posted

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