dan vs lloyds tsb

[danhere]

Hi guys an gals',

have just started the process off by sending my preliminary request letter (sent 7th march recorded), to get things prepared I have today been to Canterbury county court to pick up the N1 form and asked a couple of questions. The lady behind the desk advised me that although I was making a claim I might not win, I mentioned that I was claiming back bank charges and said to her that she must be getting a lot of enquiries. Then she said that if the bank do file a defence that I would end up in court. I said that to my knowledge these cases were normally being settled before court and to clarify I asked here "you mean that I will end up face to face with a representative of the bank in court?" to which she said "yes, I dont know were all these stories are comming from" (refering to not having to face the bank in court).

 

From my extensive research on this site and elswhere I have never known anyone have to acctually attend court. Am I missing something here or is the lady I spoke to confused...??

 

Also there seems to be a growing use of the Financial ombudsman to settle claims and I wondered what peoples thoughts on that route as a first try as opposed to court action?

My claim is for £570 in charges for going overdrawn dating back to july '04 most of which were in the last 18 months so the difference in going through the courts and getting my 8% statutary interest and the ombudsman and getting only the charges back is only £47 and I'm not too worried about that if the ombudsman seems simpler and by the sound of it quicker.

 

any thoughts......

 

all greatfuly received...

 

cheers and keep up the good work...

 

dan.....

[BARTY]

Hi Dan

I think she is definately confused, tell her to have a look at all the cases in the "Successes" forum!

I don't know anything about the Financial Ombudsman route sorry.

Good luck with your claim, let us know how you get on.

Barty:)

[danhere]

cheers Barty,

I have also seen preliminary hearings being mentioned, is this normal proceedure and what does it entail?

 

dan

[BARTY]

Hi

Have a read at the following:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Barty:)

[danhere]

Hi guys, heres my update,

I have sent my sar letter my preliminary request and my LBA and am just about ready to file a claim with the courts.

To date I have used a figure of £570 which I got by going back on my online statements until 2002.

Today I have received my SAR request and it shows another £80 in charges from 2001.

 

Can i add this newly discovered amount on my court claim or do i need to issue another LBA with the amended amount?

 

Also my initial amount of charges was from 2004 to present day and were called Overdraft excess fee but the charges from 2001 are called overdraft usage fee. are these the same under different names and therefore both claimable?

 

 

cheers..

 

dan......

[danhere]

Filed a claim at the canterbury county court this morning....just a few months now....

[minx_xxx]

Good Luck Dan

xxx

[danhere]

i win.....£815 full refund as per my original claim.....

now where is that donate button...

[Munchkin 1]

i win.....£815 full refund as per my original claim.....

now where is that donate button...

Hi Dan...congratulations!

 

I have just had my second letter back from Lloyds, saying they are still looking into it and hope to complete enquiries within the coming 2 weeks. That will take the time up to 8 weeks from my first initial claim letter. Is this a standard letter intended to stall for time or do you think its genuine and i should be patient? Then, shall I apply to the court or the ombudsman? Decisions, decisions?

[danhere]

hi munchkin...yes this is a completly standard letter, stick to your timetable and all should be well.......be prepared...

[BARTY]

Congratulations!! :D

Barty:)