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?

[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?

[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?

[TBeckett100]

no

[TBeckett100]

just been told by the branch!

[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

[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.

[TBeckett100]

yes it was when i hit 18 and the problems really started.

 

is anyone geared up to help me with this when i get to MCOL stage in 2 and a bit weeks?

[TBeckett100]

I am going back 1999-2001, is it worth contuing my claim as my barclaycard defence mentioned limitation act and given the lloyds win, i think i should give up? any thoughts?

[TBeckett100]

In 2000-2001 I went over my od limit monthly.

 

However I am not sure anyone can remember but you account upon exceeding the OD limit was transferred to the collections department which took 2 weeks. whereby I couldnt deal with the branch because it had been transferred and i couldnt speak to collections because they hadnt received it. this caused me to run up further charges because nothing could get agreed.

 

Of course i got paid and the account went back to the branch which took 2 weeks. Mid way through the month I got hard up again and the account was transferred back.

 

I am sure there is a defence to be put here about

1) No-one was taking responsibility for the account as it was in cyberspace between 1 dept and another

2) I couldnt agree anything with anyone because the account kept getting moved.

 

Any thoughts on this?

[TBeckett100]

to be honest this board, helpful though it was is starting to resemble very long threads hijacked by unrelated questions. I want to know and I think there should be a post to newcomers stating whether

a) we should continue

b) have people won since the lloyds win

c) whats the state of play now.

 

my message really looks at the banks management of my account in a different light.

[TBeckett100]

The success threads are becoming a little hijacked and i cant see any wins since the victory.

 

I am about to relaim 1998-2000 next week so need to be sure this is still a goer as the court fee will be quite a bit.

[TBeckett100]

thanks I am still lost. can i just start the ball rolling with the template mcol claim>

[TBeckett100]

why did MCOl refer back?? i cant really get to the court so will have to be done.. i am surprised no-one can lend me a line to insert to allow the case to be issued,

[TBeckett100]

however the threads on here are mindblowing, if someone knows of a thread that deals with statute barring this would be really helpful. thanks

[TBeckett100]

OK i have done the MCOL requesting back just over £2k from 1998 to 2000. My local judge seems to be throwing out defences now from banks and in my claim i ststed that LTSB on 2 occassions told me they have no data byt then came up with it, so more evidence, i will send copies of the letters to MCOL with a schedule of charges. LTSB has notr responded to either my request for charges or the LBA.

[TBeckett100]

my MCOL has been accepted this morning and issued. I have written to the court outlining the charges and proof that LTSB have twice fobbed me off about not having the data which i stated on my claim.

 

Hopefully they may wish to settle this one early in view of the embarrasing nature of their fobbing off. Also the local Judge through out the b'card defence as it was an abuse so you never know.

[TBeckett100]

acknowledged today. just awaiting for the defence to say there is no way can i have the money cos its time barred.

[TBeckett100]

defence registed with MCOL today (they seem to be acting fast!)

I am going to need help with this one as they will, I am sure try and rubbish my claim given the age (1998-2000) of the fees. fingers crossed for their response.

[TBeckett100]

could one argue the visit by lloyds collections to strip me of my card could be used as an argument point when stating that if my bahavoiur was in the t&c's, then why would Lloyds come for my card at my home address?

[TBeckett100]

Lloyds were served the claim on the 11th, they acknowledged on the 16th and defended today, my claim is going back to 98-01. should i be worried?

 

also realised that when calculating 8% i listed all charges and refunded charges by didnt knock off the interest on the charges that wew refunded (though it isnt clear from the statements which charges these relate to

 

have i fouled up?

[TBeckett100]

noone replies to my main thread, sniff

[TBeckett100]

afterall why would the bank take the cards back when i am within the t&c's