Riskman v Lloyds TSB ****WON****

[Riskman]

Hi,

 

I have had a letter back from them and they are not offering to refund the charges. One paragraph of the letter reads as follows : The Office of Fair Trading has published new guidelines on credit card default charges. We're still talking it through with them , but the important point is that the guidelines are about default charges that people pay when they break an agreement with us. This does not apply to your charges as these were for dealing with your request to go over your agreed overdraft limit.They are not default charges because you havent broken your agreement. They are our prices for the service we provide in these situations. Is this standard crap and can I still claim?

[mrsfoot]

HI and welcome

 

I think it is vitally important that you spend a few days reading the FAQs and getting to understand the process.

Also start a thread in the relevant bank forum as you will find this is just standard blurb and that you will still be able to claim.

Remember:

1. Print the FAQs and read them until you are fully able to understand what you are doing

2. Start a thread

3. Read the facts and cases that will win this case for you

4, Its your money....your claim. We are here to guide and support you, not do it for you! You will only be successful if you are fully understanding what it is you need to know!

Good luck

[Deller]

Hi and welcome to the site,

 

You've definately taken the first step into claiming back what's rightfully yours.

 

Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

 

Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

 

Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

 

All the best in your claim!!

 

DELLER

 

 

Useful links to help with your claim

 

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

 

Letter Templates

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

 

Interest Spreadsheet

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Court N1 form

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Mcol Particulars of Claim

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[Riskman]

Hi,

 

I have had a letter back from them and they are not offering to refund the charges. One paragraph of the letter reads as follows : The Office of Fair Trading has published new guidelines on credit card default charges. We're still talking it through with them , but the important point is that the guidelines are about default charges that people pay when they break an agreement with us. This does not apply to your charges as these were for dealing with your request to go over your agreed overdraft limit.They are not default charges because you havent broken your agreement. They are our prices for the service we provide in these situations. Is this standard crap and can I still claim?

[saz1712]

I have had the same letter today, I am wondering the same thing. The other paragraph that concerns me is the one where they will provide me with details of the financial Ombudsman service so they can consider the complaint independently. ?????

[Riskman]

Hi,

 

I have the same on so it must be a standard new letter they are sending. lets hope someone can advise us. I have sent them a letter today threatening to start court proceedings.

[mochamoo]

..

[Riskman]

Hi,

 

I have had a letter back from them and they are not offering to refund the charges. One paragraph of the letter reads as follows : The Office of Fair Trading has published new guidelines on credit card default charges. We're still talking it through with them , but the important point is that the guidelines are about default charges that people pay when they break an agreement with us. This does not apply to your charges as these were for dealing with your request to go over your agreed overdraft limit.They are not default charges because you havent broken your agreement. They are our prices for the service we provide in these situations. Is this standard crap and can I still claim?

[lizerin]

Hi Riskman,

 

I got exactly the same letter today, a very condescending two page pile of poo it is too. I will go to the next stage tomorrow.

[nicsussex]

Is this standard crap and can I still claim?

 

Yes and yes

[Riskman]

Hi,

 

Did you send letter and if so have you had a response?

[Riskman]

Hi,

 

I sent letter to Lloyds giving them 7 days or I would start court proceedings, the 7 days are up and I have had no response. Should I submit my claim on-line or give them a few more days?

[ladybird17]

riskman - you sent a letter giving them less time than is recommended on here, telling them you will take them to court if they don't reply.

 

Well they haven't replied, so why are you asking us!!??

 

And may I ask why you only allowed them 7 days?

[Riskman]

Hi,

 

I followed the templates on the Martin Lewis site and it gives them 7 days. I was just wondering if I should give them an extra few days before starting the court proceedings on-line. However, after reading quite a few threads it would appear that Lloyds are making most people go to the court stage.

[ladybird17]

I would suggest you do give them an extra few days in that case. I'm sure it won't make any difference.

 

The courts want to see that you have given them reasonable time to deal with your claim. It's extremely doubtful that 7 days (ie., 5 working days at most - check your recorded delivery tracking number on Royal Mail webite to see when letter arrived) would be considered reasonable time.

[remus]

Hi Riskman, I to started of on the MSE site, and after reading here, left a further 7 days before starting my claim, so your not alone;) I,m now waiting for a court date, all the best with your claim.

read read and read some m:D ore

[Riskman]

Hi,

 

Did Lloyds not acknowledge receipt of your letter? Have you submitted your claim on line?

[remus]

Hi riskman, I got LTSB's standard response, ie: sorry you are not happy, so went to my local court, as I am fee exempt, being unemployed, and started my claim, LTSB put in a defence, returned the allocation questionnaire (please note all this time I am reading this site, and using the templates library, because yes LTSB will take it as far as they can:rolleyes: and they are trying different tactics).

This morning I received notice of allocation from the court ie:the Judge has booked 20mins for me and LTSB to put forward our cases, (this is were I start putting together 3 copies of all correspondance and I will be going to GaryH(STAR) site got a court date with all the relevant Acts etc, my court bundle).

Its all here Riskman, and if I can do it you can:D read read and read some more. happy claiming:p

[Riskman]

Hi,

 

Thanks for the response. Where can I find GaryH(STAR) site got a court date ?

[BARTY]

Hi

Here you go:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Good luck, let us know how you get on.

Barty:)

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

If I have helped, please click my scales:)

[lizerin]

Hi,

 

I only got round to doing the schedule last night, so the letter was posted this morning. Will let you know what happens.

 

Liz

[remus]

Thanks for that Barty, I dont know how to get the blue bits up:o

[Riskman]

Hi,

 

Thanks to all for help and advice. I have just filed my cliam on-line so will now wait and see what Lloyds come back with. No doubt I will be asking for some more help and advice shortly.

[curlychic]

Thanks for that Barty, I dont know how to get the blue bits up:o

 

Just right click on the link - copy link - then paste where you want it

 

Easy, peezie, lemon squeezy...lol

[Riskman]

Hi,

 

I have just received confirmation of my claim, which I used Moneyclaim to do, but on the confirmation slip it says it is assigned to the Northampton Court. Have I done something wrong as my local Court is only 10 mins away in North Shields? Are all Moneyclaim claims assigned to Northampton? If so will I have to atend their or can I ask for it to be changed?