Corsicanpine v LTSB ** WON**

[corsicanpine]

Hi,

 

I have recently received statements from LTSB for the last 5 and a half years. Six months are missing. Should I request the outstanding statements or should i just claim the £1500 calculated so far in charges.

 

I believe I should ask for the statements so as to ensure I am getting back what is mine!!

 

I have drafted a response, as below,

 

Data Protection Act 1998

 

Subject Access Request

ACCOUNT NUMBER: ********

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 31st January 2007. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

You have failed to provide a complete list of transactions and charges.

 

You have provided statements for the following period:

 

September 18th 2001 – February 20th 2007 inclusive

 

You have not provided statements for the following period:

 

February 2001 – September 17th 2001 inclusive.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation for this period. Alternatively, a complete set of statements for that period will be acceptable.

As I have already paid my £10 DPA fee with my initial request I shall expect you to provide this information as part of that request.

 

Yours faithfully,

Some advice please??

 

I am also claiming my charges from the Halifax and my prelim letter is in the post today!! Cant wait for 14 days time.

 

Regards

 

 

 

[corsicanpine]

Moved on a bit form this stage, eventually got all the info requested.

 

MCOL filed 26th April, not yet acknowledged.

[corsicanpine]

Hi,

 

The 14 days since notice of issue are nearly up, there is no acknowledgement filed, when should I apply for judgement by default?

 

Anybody help please?

[BARTY]

Hi

I would give them a couple of extra days, and then come back on and tell us. What address did you put on your claim for Lloyds?

Good luck, let us know how you get on.

Barty:)

[jshtr3]

Hi, before you request judgement have a look at this thread. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/63766-order-judgement-sending-bailiffs.html?highlight=air+cushion+balloon.

 

It's a bit long but lots of usefull info in it. I got judgement this week and I'm begining to wish I hadn't. If you get it it can turn out to be a headache and delay your claim.

 

Trev

[corsicanpine]

Thanks,

 

I have read the thread and am a bit concerned as I sent my claim to my local branch. Although I have two other claims sent through MCOL which were also sent to the branch where the account is held, the halifax have since paid in full after 18 days of date of issue and the natwest have filed an acknowledgement.

 

Could anyone please advise

 

Thanks

[broke dave]

What is MCOL showing for your LTSB claim?

If there is no acknowledgement or defence showing I would go for judgement by default. MCOL will only allow you to do this if the time limits are up.

broke dave

[corsicanpine]

MCOL shows issued.

 

I thought judgement by default but after reading some threads this seems a bit dodgy?

 

I wonder if this is a ploy by LTSB to put people off taking it further?

[broke dave]

What date was it deemed served? They have 14days from this date to acknowledge. If they do acknowledge they then have a further 14 days to enter a defence. You've probably noticed on other threads that SCM are slow on responding and often go over the time limits. The courts appear to give them a bit of leeway over this.

Looking at your first post I would imagine that the claim was deemed served on 29/4. This gives SCM until 13/5 to acknowledge. I would check MCOL again on Monday and Tuesday and then take it from there.

broke dave

[corsicanpine]

Thanks for that broke Dave,

 

Checked today, just showing issued. 14 days is up tomorrow, shall check again then and then possibly send a letter giving them 7 dyas before default judgement.

 

SCM??

 

Regards

[BARTY]

Hi

SCM are Sechiari, Clark & Mitchell, Lloyd's Solicitors that handle most of the claims.

Barty:)

 

[corsicanpine]

Last day for acknowledgement was up yesterday, 15th. Guess what?? Checked today and they have acknowledged, wonder if it had anything to do with yesterdays case in Birmingham!!!!!!!!

 

BRING IT ON LTSB!!!!!!!!!

[corsicanpine]

Sent off a copy of POC to S,C,& M today, they have another 7 days, then their 28 days is up.

[corsicanpine]

Hi

 

Guess what, defence filed today.

 

Got my letter then!!

 

Of all times, away on holiday for a week or so soon

 

Anybody advise what happens now. MCOL say it will now be given to another court. Will this be local??

 

Thanks

[LISAM696969]

yes will get transferred to your local court but it'll take at least two weeks before you hear anything from them in my experience and looking on site and then its just a letter with a date and request for all paperwork to be in 14 days prior to date so don't worry too much about going away just enjoy it , mine was transferred last week and spoke to court today be another week before they even let me know a date and then probably be early september they said , good luck though !!

[corsicanpine]

Thanks for that, good luck!!

[corsicanpine]

Hi

 

Doing these claims for myself, halifax -won, natwest - awaiting defence, just dawned on me that I have been doing this claim for my wife. What happens when this goes to court, can I defend the case???

[GuidoT]

When you complete you AQ you need to say in the other information part (section G/H) that you will be representing your wife.

 

If your AQ is dispensed with you should write to the court advising them of such with the letter etc. included here:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

[corsicanpine]

Thanks for that GuidoT.

 

I've read, read and read but it just didn't dawn on me 'til now.

 

Thanks again

[corsicanpine]

Confused??

 

Received a letter today, goes like this,

 

Thankyou for your letter dated 10th April. I am sorry that you've not been happy with our response so far. (Does this mean I soon will!!)

 

I am unable to add to our letter dated 03 April 2007. This is because we have already outlined our position on the points you have raised.

 

We see from our records that you have already issued a court claim for repayment of these fees and that our solicitors are dealing with this. Apart from explaining our position, there's nothing more I can do to help you at this stage.

 

Thankyou once again for taking the time to raise your concerns with us.

 

Yours sincerely

 

David M Noble

Customer Service Recovery Centre Andover

 

 

And????

 

Should I agan write back and explain the reasons why they should repay me what is mine??

[nicsussex]

Ignore it the matter is now the subject of a court claim - it is perfectly standard (and generally these days, late) response from them

[corsicanpine]

Thanks nic

[LISAM696969]

no don't bother its a standard reply and all they will say is nothing we can do now its in the hands of our solicitors , hope this helps lisa if it does click my scales !!!

[corsicanpine]

Hi All,

 

I have today received a Notice of Transfer of Proceedings from the Court stating that, 'The filing of an allocation questionnaire be dispensed with in this case unless the Distrcist Judge at the court of transfer orders otherwise.'

 

As per a previous post, I am claiming on behalf of my wife and will be acting on her behalf should this actually go to court. My understanding is that this information requires inputting onto the AQ. If they dispense with AQ what should I do next????

 

The defence from LTSB as follows,

 

1. The defendant LTSB, blah, blah, blah,... It is admitted that the claimant has been a customer of the bank at all material times.

 

2. By opening an account with the bank, the customer enter into a commercial arrangement with the bank for the provision of banking services. The bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charged are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing;

 

cheques

bank statements

the facility to make payments by direct debit and standing order

debit cards

ATM's

 

3. By maintaining the account in credit, or within any limit agreed with the bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the bank's own funds. If the bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the bank explains that ? there are normally no charges for everyday banking at Lloyds TSB when your account is in credit.

When you use an agreed overdraft, there is no monthly fee and we will only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an arrangement or where you use specila sewrvices, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply.

If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go-ahead".

 

4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the bank's loss.

 

5. The customer is given advance warning of the charges being imposed; statements show the charges, if any, the customet has incurred during the course of a month, and which will appear as debits on the following month's statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the bank. If the customer fails to remedy this position, and payments such as standing orders and direct debits are rerfused then again the customer is warned by letter.

 

6. The charges are fair and reasonable, and it is denied that they are unlawful.

 

7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.

 

8. In the premises:

8.1 the charges are for banking services, and are not damages nor a penalty;

8.2 the bank is entitled by contract to impose the charges, which are fair and reasonable;

8.3 it is denied that the charges are unlawful or contravene any statute or regulation

 

9. The claimant's claim is denied in its entirety. It is further denied that the claimant is entitled to the sum claimed or to any sum from the bank'

 

Could anyone advise what I should do next regards the AQ, court bundle, etc.????.

 

 

Thanks

[GuidoT]

Standard nonsense defence - I answered your questions in my post 18 on your thread.