Beckett v Lloyds TSB - Going Back More than 6 Years

[TBeckett100]

I had an account that was closed with Lloyds 5.5 years ago and i settled via the debt agency on a full and final basis (at a discount)

 

I am worried that I may be hauled up in court for writing cheques that would be guaranteed running up a large overdraft?

 

should i leave this well alone?

[HD]

You would probably only be able to claim charges on the last 6months of the a/c as the statute of limitations is 6 years.

 

AFAIK your dispute would be with Lloyds for making unlawful charges and the fact you had settled with a different organisation would have no effect on the case.

 

As for writing the cheques leaving you liable for a counter-claim I'm not sure, it would depend on the bank proving that you were fraudulently writing cheques when you knew there were insufficient funds.

 

Hopefully a mod or admin will be able to give you some more information.

[adamski]

I had an account that was closed with Lloyds 5.5 years ago and i settled via the debt agency on a full and final basis (at a discount)

 

I am worried that I may be hauled up in court for writing cheques that would be guaranteed running up a large overdraft?

 

should i leave this well alone?

 

Im in the same position, im going for it anyway if it were not for their excessive charges i would not be put in this position, they are charging me 183 pounds in charges alone next month although my account is still open.

[TBeckett100]

My a/c was closed with them over 6 years ago however in the 18 months running up to it, i was hammered for hundreds of pounds of charges. anyone advice?

[henry noel]

I had an account with Nat West which I closed because the bank was unable to follow fairly simple instructions, and was unable to provide specific answers and advice when we needed it. It was closed in 2002.

 

I am in the process of taking Barclays to court, so I'm on a bit of a high and ready to take on all comers.

 

Unusually, I had all of the Nat West bank statements from 1995 to 2002, so I set to and crunched the numbers and sent a letter to Nat West requesting a return of the unlawful charges.

Today, I received a reply from them saying that they would not entertain a claim that is more than 6 years old.

I understand that the banks are not obliged to give me statement copies more than 6 years old, but since I had the information, why can't I claim. Is this a Nat West stall tactic, or does it actually hold water?

Help please.

[GuidoT]

Claiming back charges over 6 years still remains untested. Search engine currently not working, but do a search on 'statute of limitations' and review the threads.

 

I certainly would not make a claim for charges over 6 years solely, if the claim >£5K, due to the potential exposure to the other sides costs if you lost. No costs (or little) exposure if

 

I am claiming back charges going back 10 years or so here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb.html

[Guest deep]

GuidoT

 

Could we not have pool of resourses from donations for test case?

 

Regards

 

Dee

[quincy]

I myslef am claiming with LLTSB for claims over 6 years ago. Due in court in July - i started this action last MAY!

[TBeckett100]

My request for statements last June was ignored so I went into local branch on 22/March and handed them the letter and cheque. I asked for a copy of the letter with a date stamp as evidence of request.

 

It is now nearly 2 weeks later and I have heard nothing. I can feel a case coming on to take them to court for non compliance. My request goes back to 1999.

[TBeckett100]

Hello all

 

I gave in my request, cheque and ID showing my address to the bank clerk on 22 March. I got the bank to copy and stamp it so I know they had it and could prove so.

 

We are now day 30 something and nothing, absolutly nothing.

 

I dropped through the same branch a letter on Monday threatening court action for non complaince and absolutly nothing.

 

The account was closed 6 years ago and I wanted statements back to 1998. Can I take Lloyds to court for non compliance?

[nicsussex]

As a matter of interest did they cash your cheque?

[TBeckett100]

no

[PPMAN159]

The fact that they acknowledged your letter would seem to be adequate proof-it is down to them whether they cash your cheque or not.

 

As they have not provided the requested information them yes go for non compliance.

[TBeckett100]

just been told by the branch!

[Champnos]

Then they will be making thousands of pounds on charging us for them!

 

Neverless you can get 5 years online, so may be worth most claiming the five years and making another claim should they wish to go further back at a later date

[kate64]

Hi, I had a delay in getting my statements and my son had the same. I faxed them a copy of the letter and then they arrived very quickly. The fax number 0121 633 5443. I hope this helps.

[PPMAN159]

So thats 1000 requests a day at at least £10 a shot-£110,000

 

That equates to £550,000 a week.

 

And they say that they will need to find other ways of recovering the money that they having to pay back-I think that they have found it already!

[nicsussex]

So thats 1000 requests a day at at least £10 a shot-£110,000

 

That equates to £550,000 a week.

 

Think you might want to check your maths on that!

[PPMAN159]

Bloody calculator!!!

 

Still its not a bad return

[nicsussex]

Bloody calculator!!!

 

Still its not a bad return

 

Although of course you are only lending it to them - because it will be refunded when you win. And you might even get 8% on it.

[TBeckett100]

Well after a long battle I got a call from the branch and my statements were ready. Just to give you all the info, the account was closed Oct 2006 and passed to a Debt Agency. I paid off a % to close the account.

 

I have gone through the charges and they took £1,085 between this period. My first request letter will be hand delivered today. If this goes to MCOL stage they owe another £848 in stat 8% interest!

 

Has anyone succeded in going back this far yet?

[TBeckett100]

bump

[nicsussex]

As a matter of interest have they provided you with statements going back to 1998?

[TBeckett100]

funny you should ask. I sent my requests via the branch and heard nothing for nearly 40 days. as the deadline approached i sent them strong letters. i got a call out of the blue from the branch manager to collect my statements and they went right back to 1998. from microfiche

i wondered why lloyds didnt bank the £10 cheque until today when i got a letter from the copy statement unit informing me that they dont hold the information requested.

 

confused, I was.

[curlychic]

Excellent .... Well done you

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