The issues raised by Llloyds bank defences and claiming beyond 6 yrs

[Pen]

Hi,

I have just had a very nice conversation with Janet Ayres Data Subject access Unit. 0845 0701247. I wrote to he last week giving her a further 7 days to supply my data before filing for judgment, (my hubby posted the judgment to the court without realizing what I had done) Anyway Janet is a really nice person and apologized that she was unable to get anymore of my information. she informed me that it was not because they do not have it but that the relevant departments will not release it to he to send to me, (strange) She then apologized for not replying to my letter dated the 15th February asking who had given the order to destroy my files, when the order was made and how where my files destroyed and a copy of the documents showing that they are in fact destroyed, i had totally forgotten this letter, she informed me that she only go it herself yesterday from a different department, it had been signed and stamped that it needed to go to her but they sat on it for a while, she informed me she did not know the reason why they have unlikely just giving it to her.(very Strange) we talked about the retention period of six yrs and why Janet informed me that they keep all statements for a minimum of six yrs and some documents a lot longer.

 

This beggars belief, they have my documents but will not authorize there release and are totally refusing to allow a staff member to send them to me, could i not call this lady as a witness, she did seem ever so nice and Feb up on the phone, she told me she has since moved from the data collection department, i gathered this is a job no one likes very much. the other person in that department is called Caroline. another question I raised with her is that if they do have statements longer then 6 yrs why are the customer not receiving them, she informed me that in most of the letter she had received for SAR the customers only requested the last six yrs statements, but mine are not being released to her so she is unable to send them to me.

 

Can the banks do this, I f I could call on Janet to be a witness she would probably loss her job could not do that. this is totally unfair. I do think this is all down to when i lost my job through illness and they offered by H/O and myself consolidation loans, i felt something was dodgy at the time and i still think something untoward happed which should not have and thats why they do not want me to have them

 

How can I tell ail this to the court when I am not allowed to give any oral evidence. They are going to get away with it yet again.

 

Pen

[ULTRA691]

Hi new to site i worked out my charges at £5107 with interest over last 5 years with lloydstsb done the letters ,where do i send to my branch or head office cheers .ultra691

[Guest bong]

How can I tell ail this to the court when I am not allowed to give any oral evidence. They are going to get away with it yet again.

 

Pen

 

Pen, what do you mean you can't give oral evidence? can you submit a witness statement instead?

[elsinore]

Bong, I think this might be what Pen is referring to (from CPR26)

 

12.4 Disposal hearings

(1) A disposal hearing is a hearing ---

(a) which will not normally last longer than 30 minutes, and

(b) at which the court will not normally hear oral evidence.

(2) At a disposal hearing the court may ---

(a) decide the amount payable under or in consequence of the relevant order and give judgment for that amount; or

(b) give directions as to the future conduct of the proceedings.

(3) If the claim has been allocated to the small claims track, or the court decides at the disposal hearing to allocate it to that track, the court may treat the disposal hearing as a final hearing in accordance with Part 27.

(4) Rule 32.6 applies to evidence at a disposal hearing unless the court directs otherwise.

(5) Except where the claim has been allocated to the small claims track, the court will not exercise its power under sub-paragraph (2)(a) unless any written evidence on which the claimant relies has been served on the defendant at least 3 days before the disposal hearing.

 

Els

[Guest bong]

thanks els. Seems like a witness statement would be the way to do it then.

[elsinore]

(b) at which the court will not normally hear oral evidence.

[/quote

 

Yes, there doesn't seem to be a choice, but one wonders what abnormal circumstances might allow it.

 

Els

[BARTY]

Hi new to site i worked out my charges at £5107 with interest over last 5 years with Lloyds TSB done the letters ,where do i send to my branch or head office cheers .ultra691

Hi

Send it to:

Customer Care

Lloyds TSB

125 Colmore Row

Birmingham

B3 3SF

Please start up your own thread and then we can help you out on there.

Barty:)

[Pen]

Hi Bong yes but what we/I write in it, I would also have to send it to lloyds 3 days before the hearing so we have plenty of time to think about it. (noticed i say we as i would need all the help i can get from you clever people.)

 

did you read my post about lloyds retaining statements for a min of 10 yrs, yet won't allow customers axcess.

 

Pen

[arrogantvenus]

Ultra691

you can go to the bank address list on FAQ and get the lloyds address. I sent mine to Andover and copied my branch

[Glenn UK]

Out of interest Pen, have you recorded the phone call?

 

If not i would prepare your witness statement to include the info, name times etc, but don't count on it being decisive. If would be better if you had recorded the call with the other persons knowledge i should add, simply because then you can use it as evidence in court. It may still be evidence without their permission but i wouldn't bank on a court allowing it.

 

Ill have a think see if anything else comes to mind, its certain that they have your data and you are entitled to it, the only issue is getting the right evidence to force them to supply it.

 

Ill have a look back through your thread to read some more see if this gives me any ideas.

 

HTH

 

Glenn

[abigail2]

Lloyds have not responded to the Financial Ombudsman request to settle my query and i have now been allocated a case worker by the Ombudsman to negotiate with Lloyds direct BUT this can take up to 14 Weeks!!!! plus all the time i have already wasted. As my claim is £7K is it worth me waiting for the Ombudsman case worker to sort out with Lloyds or do i take them to court?? it wont be the small claim court due to the amount. Is there anybody out there with experience of going to court for claims over £5K??? please help im slowly getting defeated!

[Pen]

Hi Glenn, I wouldn't count on reading back through my thread being of any help, it is totally confusing and so much has happened, the main thread is Pen-V-Lloyd's TSB. But your right of course they do have my records and for some reason they are not allowing then out of the bank. I do think that on a few occasions they have made a big c... up with our account especially with O/Hs loan agreement. But I think there is more to it then that, I can remember something happening in the past but not quite what. I think It had something to do with a insurance policy with Scottish Widows, our insurance got canceled when they amalgamated after we had been paying it for years.

 

Anyhow, i did not record the call, i should have learned by now, i have read people doing it so often on here but I just called on the off chance.. and its always the same women Janet who I talk too. I was quite shocked when she told me they would not release any more info, actually I do have a letter from her, she sent me about 6 months statements last month and a letter stating " This is the final information from my initial searches. I have contacted all the various departments again and is still awaiting a response. If she can't get it then I have no chance.

 

pen

[Big Ninja J]

Hello all,

 

I have received what I guess is the standard response from Lloyds today stating that the charges are not default charges at all. I have therefore registered with this site and am preparing to move to the next level. Do people recommend a further letter to Lloyds promising court action or simply instigating a claim with the Small Claims Court? Wish me luck.

[BARTY]

Hello all,

 

I have received what I guess is the standard response from Lloyds today stating that the charges are not default charges at all. I have therefore registered with this site and am preparing to move to the next level. Do people recommend a further letter to Lloyds promising court action or simply instigating a claim with the Small Claims Court? Wish me luck.

 

Hi

If it is the reply from your LBA then you should start the Court claim. If it is the reply from your Prelim you should send the LBA.

If you start up your own thread you can keep us all updated on there.

Good luck!

Barty:)

[BillyS]

Okay guys, I do have all of my paper statements back to 1997 when my account was opened (sad bugger never throws any paperwork away!!!). Anyway, I have already sent Lloyds my LBA and the time has expired on this. I have been reading this thread with interest and wondered how I can go about testing the water with this one. Would I need to restart my claim, issue a new prelim and LBA with the charges back to '97, or can I add further detail now at this stage ?

 

Alternatively should I continue with this claim (my MCOL is ready to go) and then start a second claim for the earlier charges?

[noomill060]

If one has written evidence from a bank that transactional data from yonks ago exists, but that it would take disproportionate effort for the bank to supply it, under your SAR, would it not be simpler just to ask a Court to order the bank to supply it under an injunction?

 

It would cost a lot more, £150 or so, but clearly it would be well worth it, if that data revealed charges from many years ago, with many years contractual interest accrued.

[Soniam1981]

Hello Everyone. I have just joined the CAG today. on the 16th of April i sent my first letter to LTSB claiming 6 years worth of charges. I know for a fact that I could claim much further back but agian like may of you i was fobbed off with some line about all post 6 year info being in an archive somewhere. It would be great to hear if anyone has managed to go beyond the 6 year period for charges and will be keeping a close eye on this forum. I am today sending my second letter to the bank threatening with court action after receiving the very same letter that Fluffykaiser2 recieved. They now have 14 days to reply with offer of my charges refuneded plus interest or i will start court proceedings. I will keep you all posted. vbmenu_register("postmenu_731516", true); I will be going at this hammer and tongs.......

[DESPARATE STEW]

any body know what to do if bank doesnt give you details of past six years charges .I sent request off over 70 days ago and had no reply despite phoning 4 times information commission doesnt seem to have any teeth as it can only advise bank to cooperate

[Soniam1981]

Hi. I dont know if this will help, but i managed to get the past 6 years off my internet banking and worked out my charges from there. Maybe this is something you could do. Just a thought.

[meagain]

Have you actually contacted the ICO, or are you making that judgment based on what others have said here?

 

If that fails, put a formal complaint to the ICO, and look at obtaining a court order for compliance (the Office has some guidance somewhere which advises that this can be dealt with as a £30 case, as opposed to a full-rate £150 non-cash claim - find this first, and send a printed copy in with your claim), which you should be able to obtain in short order.

[DESPARATE STEW]

thanks but i not got internet banking just difficult bankers!

im sending complaint to information commissioner but dont expect a positive response will keep all posted

[meagain]

Indeed - if you end up simply going down the court order route (again, find that guidance note to save yourself £120 in fees), make sure you include all the paperwork you have sent, and the details of the data controller from the Data Protection Register - in one case (RBS, I think), the judge was so appalled by a delay they stated that had they known the name of the registered controller they would have made an order for their imprisonment.

[Pen]

Hi everyone,

after diging around in the garage, i have come up with some old statements. one dated Aug 1995 shows a debit for loan chargers 246.67. anyone know what loan chargers are. it is definitly not a loan payment because that is shown under a SO for £137.18. i have also unearth statements showing chargers where debited out of our account in 1998 for about £300.00. it's really bugging me knowing i have paid hundreds in chargers but cannot get the statements. I am going to put all these to one side for the moment whilst i deal with the court hearing but!! what shall i do with the loan charger one any ideas.

 

Pen

[Soniam1981]

Could anyone tell me what LBA stands for?

Cheers

[noomill060]

LBA = Letter Before Action.