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Sally v Lloyds TSB **WON**


bleachyschick
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Hello,

 

After months of reading the various forums ( CAG and MSE) I finally have decided to go ahead with persuing Lloyds on behalf of my husband for the appaling charges they applied to his account between 2002 and 2004.

 

So far things are going fine. I requested the copy of all charges and they responded after exactly 40 days! They deducted £10 out of my husbands account. Please be aware they missed off some later months, but as it happens I had kept the original statements. This may just be a genuine error or it could be a stalling tactic as had I not kept them I would have had to write back again... (Suspicious, moi!?)

 

I then sent my first request for a refund on 13/4/07 and am currently waiting for Royal Mail on line to catch up and confirm that my recorded

delivery letter has been delivered.

 

I have read the FAQ's and am about now ready for a fight!!

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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Thanks Barty- I am sure I will need help down the line. My biggest problem at the moment is Royal Mail! I posted my first letter asking for the charges back on the 13th by recordered delivery and bl**dy Royal Mail still haven't logged it as delivered yet! 6 days for first class delivery and counting...

Am banging my head against the desk...!

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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Thanks, will do.

LBA next I think...?

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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Bl**dy Royal mail! Posted 1st letter on 13th, only got delivered on 19th! LBA due to go out on 3rd April, -I am not holding my breath for a response before then!

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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  • 2 weeks later...

Well, I received my first sod off letter from Andover this morning. It seems to be a 'one size fits all' response, they refer to requests for copy statements (I have already paid, requested and received them) Guidelines on credit card charges (my claim is nothing to do with a credit card!) Concerns about 'sharing of information' -(I have never had any such concerns!)- Has anyone had the same letter?

 

Can Lloyds not even be bothered to match thier template response letter to the correct request..!!??

 

Dear Bleachyschick

Thank you for getting in touch with us. I am sorry you are unhappy about your account charges.

Like any business, we do make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment, this always means extra work - and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we can't agree it. We feel it's fair to charge for this service.

Of course it's only fair too, that we're completely open about any charged-for services before you might need them. That's why we take care to give every new customer the latest guide to our charges. You can also get up-to-date details about fees and borrowing rates at all our branches, through our helpline and on our website.

Just as importantly, we do everything we can to help our customers avoid these charges. You can get an up-to-date balance at any of our cash machines, over the phone, on line and by weekly text to your mobile.

If you know a payment is going to take you over your agreed limit, you're welcome to see if there's anything we can do.

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 doesn't 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 haven't broken your agreement. They are our prices for the service we provide in these situations.

I understand that you may also have some concerns about us sharing information about your relationship with us with the credit reference agencies we use. I'd like to reassure you that this does not apply to bank charges; we only share what is known as white data, which is information about payments to your credit card, loan or mortgage accounts.

I do hope you can see that we make our charging system as fair as possible - and why I can't agree to cancel your charges.

If you have asked for copy statements and paid the fee, we'll send them to you

within the 40 day limit set by the Data Protection Act. .

If you have not yet sent the £10 fee you will need to send it to us at the address below. The 40 day limit starts from when we receive your payment. Please quote the reference number shown above when you send your cheque to us.

Statement Request Lloyds TSB Bank Plc

Customer Service Recovery Centre Charlton Place (C25)

Andover

Hampshire

SP101RE

I hope this fully answers the points you raised with us. Please let me know if there is anything else I can do to help. If we cannot come to an agreement, I will provide

you with details of the Financial Ombudsman Service so they can consider your complaint independently.

If you.are happy with the way I have dealt with your complaint, there is no need for you to reply to my letter. If I have not heard from you by the 20 Jun 2007 I will close­my file, though of course I will re-open it should you come back at any point afterwards.

Yours sincerely,

Debbie Gilbert Team Manager

Customer Service Recovery Centre Andover

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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  • 4 weeks later...

Help!! I am just sending my schedule of charges in support on the mcol I have just submitted. Should I send it to the Northampton address or my local court???

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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Thank you Barty.

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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Can anyone give me an idea how long it takes to get a court date after the MCOL has been submitted? I am just wondering if I should be starting to produce my bundle now or wait a bit...

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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Hi

It all depends on how busy your local Court is, it could be a few weeks or several months away.

I wouldn't print anything out yet, but there is nothing wrong in having a good look at it so you know what it entails.

Barty:)

I WON!!!! :D :D :D

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

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Quick update...

Submitted MCOL on 25/5/07 and backed it up with a letter to the Court Manager attaching my schedule of Claims.

 

The Claim was 'Issued' on the 30/5/07 and was 'deemed served' on the 4/6/07 giving Lloyds until the 18th June to do something about it.

 

I am peeved that Lloyds have not even bothered to write to me since my initial refund letter ( and even then the response was a standard 'bog off- one-size-fits-all' typeletter) I got nothing after my LBA and nothing since.. I am beginning to think they don't care... (HHMMMM!!!) lol

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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Ooooh I am getting excited!- no news on Lloyds acknowledging or defending my claim yet...

Only 7 days to go...

:razz:

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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Lloyds have acknowledged my claim today ( Lloyds are getting a bit quicker it would seem- they still had 4 days to go...)

 

Anyway- I guess I should expect a defence by the 3rd July. Clock is ticking...

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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  • 2 weeks later...

Lloyds have defended the claim today so I assume the case will be transfered to my local court and a court date will be given... BRING IT ON! (has anyone got T & C's from Jan 1998 they can send me for my bundle?)

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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Received notice yesterday that my case has been transfered from MCOL to my local Court and that a MCOL judge recommends that the AQ is dispensed with. Does any one know if I have to wait for mny local Judge to confirm this or is it a certainty now? I will phone the court shortly to see if an AQ payment is still required.

 

Along with the document was the boring old 9 point defence from Lloyds-no surprise there then.

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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I am going through my evidence to compile my bundle and have come across a potential problem- can anyone help?

 

I sent my SAR and prelim request out before I found this web site and as such, didn't ask for details of any manuel intervention on my account.

 

I was thinking of sending the following letter to Lloyds (and a copy to [problem] as they have defended the claim already) it will serve 3 purposes as far as I can see...

1) to ask for details of manual intervention,

2) to ask for copy of original T & C's (which I don't expect they will supply so at least it will show the court how unreasonable they are being)

3) extra work for Lloyds and [problem]

 

Does anyone have any comments- is it worth sending?

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER:

 

Please supply me with information detailing occasions where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I authorise you to withdraw the statutory maximum fee of £10 from my account for supplying these details.

Furthermore I request that you provide me with a copy of the original terms and conditions applied to my account on the date I opened it (1998)

You have 40 days in which to comply.

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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I've won!!- well partially. I got the letter this morning offering settlement in return for a load of conditions/ terms unfortunately the ammount is quite short as they have only included £15.14 interest not the £606.48 which I claimed. I am going to write back correcting the figures and refusing the terms but- HURRAH!!!!!

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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CONGRATS to you.

Let us know how you get on and how much longer it takes after you correct their figures!

SAR sent 07/03/07

Statements rec'd 14/04/07 (ish)

Prelim Sent 03/07/07

Prelim rejection rec'd 10/07/07

LBA sent 12/07/07

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  • 2 weeks later...

CONGRATULATIONS....!!!

 

Well done, did you get it sorted out in the end?

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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