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CB v LTSB


cb1976
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Hi All

 

After spending the last week reading through the site and the LTSB forums here I have decided to bite the bullet and I am posting my prelim letter today by recorded delivery, with copies of bank statements going back to Jan 2003 highlighting the charges I wish to reclaim - approx £1000. I have already opened another bank account, just incase, though I am a Lloyds premier customer and I have been with lloyds for about 15 years so I would be a little disappointed if they threw their toys around and closed my account based on my claim!

 

It seems from others experiences that Lloyds tend to drag things out until the court date. So I have a few questions:

 

Has any LTSB customer had their claim refused by the courts?

 

Does the amount you are claiming have any affect on how quickly they settle? The only thing that concerns me is that I am going to be out of the country for 2 months from June to August, so really hoping this is settled before then. Is this realistic?

 

Wish me luck!

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Hi & Welcome!:)

I cannot recall any claim being refused by the Court, as long as the correct procedure has been followed.

I don't think the amount of the claim matters on how quick they settle. I think you are looking at 3 months at least.

Good luck, let us know how you get on.

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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  • 2 weeks later...

Received a response from Lloyds following my prelim letter. It's two pages long but looks standard:

 

"Sorry you are unhappy... Like any business we do make a charge for some of our extra services... I hope you can see that we make our charging system as fair as possible .... and why we cannot agree to cancel your charges.

 

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 30th May 2007 I will close my file, though of course I will re-open it should you come back at any point afterwards".

 

So I need to send the LBA letter now? Does that go to the person who sent me the letter (Debbie Gilbert, Customer Service Recovery Centre, Andover, or back to the Colmore Row address? Also, is there anything else that needs to go with it, and how long do I give them to respond?

 

Thanks in advance :)

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Hi cb1976

 

Just tagging on to your thread. I too am a Premier account customer with LTSB and have been with them for about 17 years. I have issued a claim against them for a substantial amount of charges and fully expect to have to see them in Court.

 

It very much seems (whether you are a "Premier" customer or not) that the idea of "good customer relationships" means absolutely nothing to Lloyds TSB based on the experiences of posts to this site.

 

John

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Hi

Yes send the LBA now, send it to where you got your reply to the Prelim from, give them 14 days then start the Court claim.

Barty:)

 

 

 

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

If I have helped, please click my scales:)

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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  • 2 weeks later...

Haven't heard anything from LTSB since I sent my LBA, and the 14 days are up tomorrow so I'm going to start preparing my claim. Which is the best way to do this? Through my local court, on MCOL? Also, is there a fee?

 

Thanks in advance

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I can't believe it, I thought I read everything through and was thorough.. but I think I have made mistakes :(

 

I sent my LBA letter with a schedule of charges. I used the template given here by Vampiress, though today I am unable to open it? Anyway, I listed my charges, amount, date incurred, days since offence and then it calculated the interest 8% APR at the end column for me. So at the bottom I had charges of £1392.50, and interest of £196.67, totalling £1589.17. So on the LBA letter, I said that I calculated they have taken £1392.50 plus £162.67 which they have charged me in overdraft interest for the sum they have taken. But is this right? I think I have got confused about the interest? I'm trying to complete a claim on MCOL and i'm really confused about a) overdraft interest and b) county courts act of 8%.

 

I can't believe this is actually quite simple yet I am really confused. Can someone help me out? :confused:

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.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the general overdraft interest figure.

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

 

Ignore any reference to OD interest since you haven't claimed it

 

The £162.67 is s69 8% interest, so really shoudn't have been mentioned in the LBA, but it doesn't matter.

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Thanks for your reply Michael.

I am confused about the POC section on MCOL. Sorry to be a pain :confused:

 

5. Claimant claims: (a) return of the amounts debited of: my charges are £1392.50; (b) Interest per S.69 County Courts Act 1984 of 8% - £196.67 [however this is as at 02.01.07, which is the last charge incurred on the account. How do I know what interest total is at date of claim?] continuing at 8% until judgment or settlement at a daily rate of £0.xx; (is this £1392.50 x 0.00022, or £1392.50 + £196.67 x 0.00022 ?

:confused: I think my brain has switched off

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Daily rate is £1392.50 x 0.00022= £0.31p

 

How do I know what interest total is at date of claim?]

 

2 ways of doing this:

(a) Open the s/s, it should automatically update itself to today's date

(b) Count the number of days between Jan 2 and today and mutiply that by 0.31p. Add the result to £196.67.I make it £35.03

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I can't access the statement of charges template on this site, for some reason?? It says access denied. I have a paper copy of the original statement of charges I prepared, but obviously it is not up to date with the 8% interest as this is only up until the final charge listed which was 02.01.07.

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Ok thanks. Just had a mini power cut so i've got to start my spreadsheet and MCOL claim again! :mad:

 

Sorry to be a pain, but is this correct now:

 

1. The Claimant has an account xxxxxxxx

with the Defendant, opened 9th May 1994. 2.

Since 01/01/03 the Defendant debited

charges and interest in respect of

purported breaches of contract. 3.

Defendant is aware of all details as a list

of charges has already been supplied.

Another copy will be sent. 4. Claimant

contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to

levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of

£1392.50; (b) Interest per S.69 County

Courts Act 1984 of 8% - £231.70 continuing

at 8% until judgment or settlement at a

daily rate of £0.31p. 6. Alternatively, if

the charges are a fee for a service, then

they must be reasonable under S.15 of the

Supply of Goods and Services Act 1982. 7.

Costs allowed by the Court.

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If the above is right, it is only 1043 out of 1080 characters allowed on MCOL. Have I missed anything out at all? It seems to be fairly concise but other people here have regularly said they have not had enough room to state all their particulars using MCOL so have had to use N1 instead? I copied the wording from the MCOL Particulars of Claim link posted here ?:confused:

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Cool. Thanks for your help with that.

 

The LBA deadline is tomorrow so I will submit the claim first thing in the morning. Then am I right in thinking I need to send 2 copies of my SOC & covering letter with claim number to MCOL. Then I wait for the claim to be served, and then LTSB have 14 days to acknowledge, and an additional 14 days to file a defence? Oh and send a copy of the SOC and covering letter to the bank's solicitors when the court send a notice of acknowledgment?

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Quick question, I am about to send 2 copies of my SOC with the covering letter to the Court Manager at MCOL. My statement of charges only shows the 8% interest up until the last charge on my account which was on 02.01.07. I cannot get access to the statements now to update this to show interest to the claim date which is today. Is it ok to send this SOC, obviously the amount on there is less than the amount I am now claiming?

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  • 3 weeks later...

Hi

I would leave it a few extra days, then come back on and let us know if they haven't acknowledged still. What address did you use for Lloyds on your claim form?

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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