HD v Lloyds TSB - **Settled in Full**

[HD]

If you know all your charges then you can star the claim now with the prelim letter.

I haven't gone back over the whole thread so if you have done that then go to the next step.

How long ago did you send the DPA request?

Did you send the money?

Recap-

Got charges from 2002-2006 via web portal

preliminary letter sent

stamndard fob off recieved waited 14 days

LBA sent 22/3/06

 

I sent the DPA last week as I wanted to check for manual interventions and also recall being told by call centre that charges were automated.

 

 

Should I file 14 days after LBA or wait until I recieve details of interventions/copy of recording?

 

It appears from other threads that LLoyds are dragging out DPA requests to the 40 days.

[BankFodder]

If you are prepared to be the one they take to court - the begin your court claim. in other words, don't threaten it if you don't mean it and don't begin it if you aren't prepared to go the whole way.

 

However, because of the soundfile we have in the library I think that Lloyds is the most vulnerable.

[HD]

If you are prepared to be the one they take to court - the begin your court claim. in other words, don't threaten it if you don't mean it and don't begin it if you aren't prepared to go the whole way.

 

However, because of the soundfile we have in the library I think that Lloyds is the most vulnerable.

???

I knew when I started out that there was every chance that it would come to court. I don't have a problem with persuing this all the way.

 

I was just asking whether it would be safer to wait for details of manual intervention to remove the possibility of Lloyds using that as a defence.

[BankFodder]

I would just go ahead

[HD]

Just completing the moneyclaim online form following the guidance notes in the library.

 

At the end it states that you should lay out your calculation.

 

If I put in the details of all of the charges it will take me well over the word limit. Shall I just put -

 

Charges = X

Interest @ 8% =x

DPA request = £10

Total Claimed =X

 

Thanks

[lee6370]

Yes although if it's in the main body of the text you needn't worry.

 

And by the way you can't claim back the £10.00 for the DPA request. they are entitled to it.

[HD]

Yes although if it's in the main body of the text you needn't worry.

 

And by the way you can't claim back the £10.00 for the DPA request. they are entitled to it.

I thought that in the DPA template it says that I will be claiming it back through any court action that I take.

 

Isn't the DPA fee a justifiable expense in preparing your case?

[HD]

Claim filed online.

Details pm'd to BF

Wish me luck, in some ways I hope they contest it, but sensbly I hope they settle.

[HD]

Money claim is showing my action as "issued".

 

It states that Lloyds have 14 days to respond from when they are served.

 

Is issued the same as served?

If not will Moneyclaim tell me when it has been served?

[HD]

Just got a letter from Northampton telling me that the claim was sent to Lloyds on the 7th and I can consider it served on the 12th . By the 28th I'll know what the black donkey will do; time to do more homework:D

[miss_angie1]

Just found your thread HD. Good luck to you too. I will keep checking in to see if we get the good news at the same time!

[HD]

Lloyds have aknowledged claim. Another 14 days and I'll find out what they are doing. Any news yet Angie?

[miss_angie1]

Hi HD just got a letter of acknowledgment today saying they intend to defend all of my claim. The letter says that Lloyds now have 28 days from 13.04.06 to file a defence. Is that what yours says too?

[intersimi]

I have one of them too today. Pretty much says exactly the same

[HD]

three of us with exactly the same.

 

Wonder what their dfence will be?

[HD]

I sent my DPDR on the 22nd March and have still had no response from LlTSB.

 

35 days by my calculation.

 

I saw in another thread that they have set up a new unit to process DPDRs and there was a phone number for it. I can't find the thread now; anyone remember which one it was?

[HD]

Statements and notes have arrived. Weekend to be spent going through them and calculating charges for the second a/c.

[HD]

Just gone through the statements on the current a/c

 

I've already filed on moneyclaim for the 4yrs worth of charges that I got from the website (after prelim + LBA). The charges for that period were-

 

£2,579.00 + £220 interest

 

I have now calculated that the charges for the full 6 years are-

 

£3,275.00 + £550 interest.

 

Lloyds have aknowledged the claim with intent to defend.

 

Should I start a new claim for the charges for years 5+6 or can I add them to the current claim when I recieve the Allocation Questionaire?

 

I am absolutely flabbergasted at the ammounts, this is the a/c that has less charges on:eek: !!!!! I need to collect my breath before starting on the other one.

[HD]

bumpity bump

 

Any mods about to answer the question in the above post?

 

Thanks

[HD]

bump again

[alanfromderby]

You cannot continue with the online claim if you want to ammend it. It may then be easier to let the current claim go through, and then go for the earlier amount after that has been settled. Their is no reason why you can't issue a further claim now - the only thing that may happen is that the bank could ask for the actions to be joined. As you are still below the £5,000 this shouldn't cause too much delay.

 

If you do want to amend it, the process is complex. You need to submit an application notice (N244) to the court that is handling the case, detailing the changes you would like to make. Send this with a completed N1 with the correct claim details.

 

The court will then amend the details, re-seal the claim form and return it to you to re-serve on the defendant. You must keep a copy of the sealed N1. It is then your responsibility to re-serve the claim form. You must then send the court a completed certificate of service (N215) along with the copy of the N1 so the court knows the date when the defendant's response is due.

 

There will be a fee of £35.

[HD]

Thanks Alan, I'll leave the claim as it is I think and then claim the rest later.

[HD]

Defence recieved today. Not had a chance to go through it yet. Does BF still want copies of defences pm'd to him/

 

Had a quickscan throughn their defence and most of it seems tom be stating that the charges are a service. Not sure about this bit yet-

 

The customer is notified of the charges in plain intelligable 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 UTCC reg's 1999, are not subject to the assessment of fairness

 

soiunds as though they are trying to say thatthe UTCC is not applicable,anyone seen this before and can comment?

[kotum45]

HD, I received the same defence today. I can't understand how they can say UTTC can not be applicable to this case!!!!

[HD]

HD, I received the same defence today. I can't understand how they can say UTTC can not be applicable to this case!!!!

 

 

BF says that this is a standard Lloyds defence and all it means is that in the unlikely event of it coming to court that we need to demonstrate that the charge is for a breach of contract and not a "service" as lloyds maintain in their defence.

 

Ooh the anticipation.

 

Much as I would like to have my money returned as easily as possible, part of me is relishing meeting Lloyds in court; is this wrong?