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    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS and wonder what your advice would be given the documents they have provided?. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • did you submit your directions
    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
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Hi guys,

 

I've recently jumped on the bandwagon of reclaiming my bank charges. I sent my preliminary letter and had a standard (sh*te!) response from Lloyds. I then sent the LBA as per the template on this forum but got the date of my prelim letter wrong when I referenced back to it and also didn't attach the schedule of charges. I received another response from them (again, sh*te) but the 14 days is now up.

 

I was late in sending the LBA off after the initial 14 day period and the 14 days for the LBA was up about four days ago.

 

I know i'm not doing this process any justice but life hasn't been stable enough recently to spend the time and attention on this that it deserves.

 

My question is that if I proceed to court action can they cite these mistakes as flaws in my case or am I just being paranoid?

 

The overall ammount they owe is only about £330 so I don't want to risk having to pay their court costs etc. if I were to lose!

 

Also, my fiance is considering this action but is very concerned that they'll shut her account which is £3300 overdrawn (graduate account) and that she won't be able to find the money to repay it, any advice on that?

 

Cheers in advance :)

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i dont think missing timescales is going to be that much of a problem because your claim isnt massive, what i think is that if you dont stick to your timescales exactly, sometimes the banks might try and call your bluff more, because they think your not as serious.

 

What they are doing is unlawfull so you will get your money back eventually anyway. And dont worry about going to court, thousands of people have done this and it never goes to court.

 

Like you i was thinkin, am i going to be that one who actually does end up in court, but you wont LOL.

 

Not sure about account closures as my account was already closed.

 

Good luck

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i dont think missing timescales is going to be that much of a problem because your claim isnt massive, what i think is that if you dont stick to your timescales exactly, sometimes the banks might try and call your bluff more, because they think your not as serious.

 

What they are doing is unlawfull so you will get your money back eventually anyway. And dont worry about going to court, thousands of people have done this and it never goes to court.

 

Like you i was thinkin, am i going to be that one who actually does end up in court, but you wont LOL.

 

Not sure about account closures as my account was already closed.

 

Good luck

 

Ok thanks, just wondering now whether they could say that my claim is null and void due to incorrect information on my LBA (the reference back to the date of the prelim letter) I'm sure they couldn't but then i'm not a lawyer!

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Nah, you are fine with the timescales.

 

As for account closures, it is not common with Lloyds but that is not to say that they won't. Is your girlfriend within the agreed overdraft limit?

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Nah, you are fine with the timescales.

 

As for account closures, it is not common with Lloyds but that is not to say that they won't. Is your girlfriend within the agreed overdraft limit?

 

She's with Barclays and she is within her agreed limit.......just!

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Don't know anything about Barclays, sorry....suggest you ask the question in that section and have a read around there.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Ok, before I proceed with the court summons I'd like to know if it's worth making my claim for the full six years as I only applied for four and a half (that's all I could get online).

 

I don't have any paper bank statements for that time and assume it would take a while for them to get them out to me so it would have to be an estimated ammount based on the four and a half year figure??

 

How long do I have now before I need to issue the summons?

 

Sorry to be a pain but after reading threads on here i've been spurred on to do this properly!

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I would recommend getting it all correct for all of the 6 years that way you could probably get more. Use this letter: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

They have 40 days to get it to you plus it may cost you at tenner but sometimes they don't take your money for it. Once it comes get a list of all your charges and complete the schedule http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Its a lengthy proces but one well worth it in the end

Neil

 

I WON £530 - See how Here: http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/65986-neil-lloyds-tsb.html

If i have been helpful, please click my scales (bottom left!)

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So now that i've sent the LBA can I still wait another forty days to submit my claim to the courts?

 

When I submit the adjusted claim do I need to make Lloyds aware that the claim is now higher?

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As far as I'm aware yes the timescale is not a huge issue. nicsussex is of a different opinion but i think either is ok its up to you. You havent actually submitted a claim as yet, the claim is submitted when you complete the N1 form etc at the courts. When you do this Lloyds will see exactly what you are claiming for. plus its a lot easier now before you have submitted your claim to change details than it is aftre the claim has been submitted

Neil

 

I WON £530 - See how Here: http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/65986-neil-lloyds-tsb.html

If i have been helpful, please click my scales (bottom left!)

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