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matty_3000 vs TSB Help please


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hi everyone i have been looking though the form and i cant find anything about the letter i have got from the bank. i have sent my first letter off and this is the letter they sent me. can someone tell me what to do now please

 

Dear Sir

 

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

 

Like any business, we do make charges for some of our extra services. When customers don’t have enough in their accounts to cover a payment, this always means extra work – and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we can’t agree it. We feel it’s fair charge for this service.

 

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

 

Just as importantly, we do everything we can to help our customers avoid these charges. You can get an up-to-date balance at any of our cash machines, over the phone, on line and by weekly text to your mobile.

 

If you know a payment is going to take you over your agreed limit, you’re welcome to see if there’s anything we can do.

 

The office of fair trading has published new guidelines on credit card default charges. We’re still talking it through with them, but important point is that the guidelines are about “default” charge that people pay when they break an agreement with us. This doesn’t apply to your charges as these were for dealing with your request to go over your agreed overdraft limit. They are not default charges because you haven’t broken your agreement. They are our prices for the service we provide in these situations.

 

I understand that you may also have some concerns about us sharing information about your relationship with us with the credit reference agencies we use. I’d like to reassure you that this does not apply to bank charges; we only share what is known as white data, which is information about payments to your credit card, loan or mortgage accounts.

 

I do hope you can see that we make our charging system as fair as possible – and why I can’t agree to cancel your charges.

 

I hope this fully answers the points you raised with us. Please let me know if there is anything else I can do to help. If we cannot come to an agreement, I will provide you with details of the Financial Ombudsman Service so they can consider your complaint independently.

 

If you are happy with the way I have dealt with your complaint, there is no need for you to reply to my letter. If I have not heard from you by 28/04/2007 I will close my file, though of course I will re-open it should you come back at any point afterwards.

 

Yours sincerely

Debbie Gillbert

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Wait til the 14 days you allowed them are up and then send the second letter, the LBA.

 

It is a bog standard letter, by the way.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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thankyou for replying when you say the secound letter LBA do you mean this one?(sorry not to good with things like this)

 

[your address]

 

 

 

[their address]

 

 

[date]

 

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last XXXX years.

I now understand 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. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

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.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

 

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

 

Red - only include if necessary

 

DON'T FORGET TO INCLUDE YOUR SCHEDULE OF CHARGES WITH THIS LETTER

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sorry to bother you all, but i am currently going through the court stuff for my friend. Llyods have until the 19th to acknowledge my claim, the problem i have is that my friend checked his account yesterday and lloyds have put £750.00 in his account. They have not written to him or explained what this is, this ammount is 1200 less than what he is claiming. What should I do, should i write to llyods and ask what this money is about or should i sit and wait

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sorry to bother you all, but i am currently going through the court stuff for my friend. Llyods have until the 19th to acknowledge my claim, the problem i have is that my friend checked his account yesterday and lloyds have put £750.00 in his account. They have not written to him or explained what this is, this ammount is 1200 less than what he is claiming. What should I do, should i write to llyods and ask what this money is about or should i sit and wait

 

Continue to wait for Lloyds to acknowledge your claim and continue the process you will get the full amount. Lloyds are sneaky and are paying this £750 to you to get rid of you. Keep going and get what your owed.

Neil

 

I WON £530 - See how Here: http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/65986-neil-lloyds-tsb.html

If i have been helpful, please click my scales (bottom left!)

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thankyou for replying when you say the secound letter LBA do you mean this one?(sorry not to good with things like this)

 

Matty, Im new to this as well but its a complicated process and the best thing to do is stop and read the FAQ section. pay particular attention to the step by step process. If you don't know what you are doing the banks will know and you'll get nothing:-|

Neil

 

I WON £530 - See how Here: http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/65986-neil-lloyds-tsb.html

If i have been helpful, please click my scales (bottom left!)

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Hello Matty,

The letter you have shown is not the LBA letter. The LBA letter is found on the templates. From memory I think it starts of with

I am dissapointed you have not responded to my letter dated (thats your first letter)

The letter you have shown above is the first letter you should of sent.

Lucy

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ok thankyou i have the right letter now thanks

 

i have been reading all of the form and i have got some Q.'s

 

some history about me first

i am claming £220 of unlawful charges

i have an overdraft of £1000

i have a loan with the bank of £1600

i have credit card of £1100 (credit limit £1000)

i have set-up with the bank to pay £10 off overdraft,loan and credit card each month

i am on SSP and will be unemployed when i am better, so the bank know that i have no income to pay a court fee

 

i would like to know

1. will i still be able to pay £10 off my overdraft,loan and credit card, or will they say they want full payment?

2.if your unemployed do you have to pay a court fee?

3.my credit card are charging me £12 late fees, interest of £20 and credit cover premuim of £9, are these charges unlawful?

 

thankyou for any help

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Matty:

1. Unsure, anyone any ideas?

2. You may be exempt from the court fee, speak to your local court

3. Im of the understanding that these are NOT unlawful however if anyone differs from this let him know.

Neil

 

I WON £530 - See how Here: http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/65986-neil-lloyds-tsb.html

If i have been helpful, please click my scales (bottom left!)

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Hi

Have a look below for Court Cost Exemption details:

Court Fees - do you have to pay them?

 

I can't help with your other questions sorry, but I wouldn't have thought you could claim the interest back off a credit card, not sure about the credit cover (is this some type of insurance??), late fees, probably yes.

 

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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i am suppost to pay the bank £110 on a loan, £20 off a overdraft and £30-40 off a credit card once a month, now i have set-up with the bank to pay £30 a month instead, could i lose this if i go on with my claim?

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