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Hi All

 

Newbie to the site, although read loads and finally taken the plunge to 'battle the banks'.

 

Today received a letter from bank advising they will not refund charges, along with the usual jargon about why they have to make such charges, surprisingly no explanation/justification about how/why it costs £35.

 

So next step is threaten court action (not expecting a different response) so moneyclaim website likely outcome. The forums indicate this is very straightforward so I'm keeping faith and carrying on with my mission.

 

One question if anyone can help is what about subsequent charges that have been applied to my account since I started this claim. Will I need to initiate another claim for these charges?

 

Any help appreciated.

 

Reading Rebel

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Thanks Michael for your reply about subsequent charges. I am about to write to Lloyds advising of court action, do I need to advise them at this stage that I wish to claim for the extra charges since my initial letter or just add them on when I do the online claim (assuming the banks response is the same after this next letter).

 

Thanks in advance

 

Reading Rebel

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  • 1 month later...

Hello to all fellow claimers

 

Have spent so much time on this site, informative indeed, although often mind boggling...and I am now close to the point of doing my MCOL.

 

A few points I would like to clarify if anyone can help. So far I have used template letters from Martin Lewis' money matters website, which led me to this site. The last letter I sent to Lloyds was asking for full reimbursement of charges for the last six years and I would accept that amount (without any interest charges, although did attach a schedule detailing interest charges to date aswell) otherwise I would take them to court and reclaim the charges plus interest and court costs. 'without prejudice also included in letter'.

 

I have read on the site today that details of interest charges should only be included when doing the claim, have I gone wrong in my letter by detailing interest charges to date? Does it matter?

 

Also the template letter I used, gave 7 days for a response and I am seeing 14 days quoted to respond to LBA letter on the site. Do I give 7 or 14 days for them to respond to my last letter?

 

Thanks in advance for any answers/help on this.

 

Getting slightly (just slightly) daunted!!:-|

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interest accrued should be shown at the court claim but its not crucial, i did the same as you and its made no diff so far.

 

allow 14 days notice as a general rule

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Hello to all fellow claimers

 

Have spent so much time on this site, informative indeed, although often mind boggling...and I am now close to the point of doing my MCOL.

 

A few points I would like to clarify if anyone can help. So far I have used template letters from Martin Lewis' money matters website, which led me to this site. The last letter I sent to Lloyds was asking for full reimbursement of charges for the last six years and I would accept that amount (without any interest charges, although did attach a schedule detailing interest charges to date aswell) otherwise I would take them to court and reclaim the charges plus interest and court costs. 'without prejudice also included in letter'.

 

I have read on the site today that details of interest charges should only be included when doing the claim, have I gone wrong in my letter by detailing interest charges to date? Does it matter?

 

Also the template letter I used, gave 7 days for a response and I am seeing 14 days quoted to respond to LBA letter on the site. Do I give 7 or 14 days for them to respond to my last letter?

 

Thanks in advance for any answers/help on this.

 

Getting slightly (just slightly) daunted!!:-|

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Hi and Welcome!:)

On the letters on this site, it gives them 14 days to respond. This is to show to the Court that you have given them a reasonable amount of time to settle before you take the Court action route.

Also the 8% statutory interest is not mentioned in any of the letters until you file the Court claim. As you have already sent the letter, I wouldn't worry about it.

If I was you, I would send the Letter Before Action off this site, give them 14 days, then start the Court action:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Good luck, let us know how you get on.

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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Statutory interest is only claimable when raising a claim at court. Barty has given you a good link in the library, but take some time to read around the rest of the library and the FAQ's.

 

If you are going to take your bank to court it is not as straightforward as some would have you think. You need to be prepared to fight against a bank's solicitor or barrister in a court room - worst scenario.

 

I don't wish to put you off, but please be prepared. Do a fair amount of research.

 

Your claim can be redeemed. Have you had an offer yet? Does this cover just the charges?

 

If you've have an offer as such, accept it, if not, write a "final LBA" to your bank stating that you wish a refund of the charges only at this stage, but will raise a court action in 14 days including the 8% at that point in time, should they fail to refund you.

 

Good luck.

[

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[iNSERT NAME, ADDRESS AND TELEPHONE NUMBER]

[iNSERT DATE]

 

[iNSERT NAME AND ADDRESS OF BANK]

Dear Sir or Madam,

Re. Account number: [iNSERT ACCOUNT NUMBER]

I refer to default charges applied to my account amounting to [iNSERT TOTAL OF CHARGES PLUS INTEREST], which I have requested you pay back.

I wrote to you on [iNSERT DATE], making the original request for a payment in settlement of my claim. As I have not heard from you/not received a satisfactory response [DELETE AS APPROPRIATE], I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [iNSERT NAME OF COURT] court will rule in my favour.

I have attached a full schedule of the charges and interest with this document. [iNCLUDE THE PRINT OUT OF CHARGES AND INTEREST FROM THE CALCULATOR AND BE SURE TO KEEP A COPY FOR YOURSELF]

 

Without prejudice

The charges and interest I have claimed above total £ [iNSERT GRAND TOTAL]. However, if you are prepared to pay to me £ [iNSERT WHATEVER LOWER FIGURE WOULD BE ACCEPTABLE TO YOU] within 14 days of the date of this letter (and, for such purpose, time shall be of the essence), I am prepared to accept this lower figure in full and final settlement of my claim and interest.

 

I look forward for a full response to this letter within 7 days, otherwise I will commence court proceedings to reclaim my money.

Yours faithfully,

[YOUR SIGNATURE]

[YOUR NAME (PRINTED)]

 

 

This is a copy of the template letter I used, which is a little contradictary with it's time scales after reading again. I will stick with this site's letters in future.

 

I have basically sent a schedule, which detailed the interest up to date of sending my letter, although said 'without prejudice' I would settle for re-imbursement of the charges, if not I would pursue court action to reclaim the lot.

 

Do you now suggest I send the letter from link given, Final LBA and give 14 days again or just leave as is, giving 14 days to respond.

 

I am reading as much info as possible although gets a bit mid boggling at times, especially with the different tactics the banks are now trying.

 

Help is much appreciated :)

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Hi Barty

 

I don't seem to have had a response to my last post - do you suggest I send a further 'final' LBA letter - from the link you gave for this site.

I read over the weekend that the OFT are likely to issue a report shortly confirming costs of charges are unlawful and that banks will have to reduce charges and issue refunds.

 

I am therefore thinking one more letter as they may be starting to back down a little, although I will still proceed with court if necessary.

 

Thanks for all your help.

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  • 1 month later...

Apologies if I'm posting this in the wrong place, been a while but still spend many hours reading the site and people's experiences. After sending a final LBA to Lloyds, I have received no response at all this time and well past the 14 days given.

I hope the delay (post 14 days) will not affect anything, but I have now finally completed my moneyclaim online today and have done letter to MCOL attaching schedule of charges and interest (2 copies) which I shall post tomorrow.

 

I believe I have to wait for the 'notice of acknowledgement' and then send a copy of my schedule to Lloyds solicitors.

 

Assuming they submit a defence (which seems likely from what I've read) I then have to send my evidence and docs required 14 days prior to court date to both the court and their solicitors. Thus being:

 

1. My schedule of charges (again)

2.My statements confirming the charges incurred.

3. All correspondence between myself and the bank, being all letters I have sent since the beginning and the one 'sod off' letter I received from them.

4. All cases and statutes upon which claim relies (are these the cases quoted in your site and do I need to quote them all?

5. OFT report (I'm assuming this is a report the OFT have issued, which I can find in the court bundle guides?)

 

I would be really grateful for any confirmation or help as this is now the scary part, as determined as I am, need to get this right. (Barty, Michael Browne, Gary..........all you experts :0)

 

Also does anyone know what sort of timescales we are looking at for hearing dates?

 

Thanks so much to anyone who can help.

 

R.R.

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welcome to the forum.

 

Please take time to read the faq's

Please find your banks forum and start a thread;

(your user name) V (banks name)

use the template letters in order Stick to the timetable in there.

 

For instant live help please go to the chat room

 

Any advice given is purely based on personal experience and if in doubt you should seek further advice from a professional.

 

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http://www.consumeractiongroup.c o.uk/forum/faq.php

 

Scotland Issues

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Online claim or direct at court?

Getting MCOL Right

 

Finally good Luck.

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Hi your thread now cstarted in Lloyds bank group.

Welcome to the site.

From a fellow Merseysider :)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 3 weeks later...

Hi All

 

I have received a letter from the court advising that Lloyds have filed an acknowledgement of service, so now have 28 days to file a defence. Date of service is 3rd May 2007. ( am now forwarding copy of my schedule to SC&M aswell).

 

Firstly am I right in assuming that I include the 3rd in the 28 days.

 

Also I was expecting my Allocation Questionnaire at this point, or does that come when the 28 days are up?

 

Just wanting to make sure I do everything spot on now!!

 

Thanks

 

RR

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4 threads merged - please stick to the same one from now on, it makes it impossible to follow otherwise.:)

 

They have 28 days from the date they were deemed served with the claim.

 

Yes, the AQ will come after they file a defence, although they are often being dispensed with now so maybe not.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Gary

 

Apologies, I seem to have a problem keeping everything in the same place :o

 

If they are dispensing with AQ's - what happens then. ie the 28 days are up and I don't receive an AQ to complete?

 

Also I've just read somewhere else on the site about adding more charges on after claim is filed at court, I din't think you could do this, am I right?

 

Thanks

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They will file a defence, then with it you would usually get an AQ to fill in from the court. If its dispensed with you will get a note from the court to inform you of this, then its just a matter of waiting to recieve a court date. Is your claim over £1500? If so, you may still need to pay an allocation fee even if there is no AQ - check with the court if and when you recieve confirmation its been dispensed with.

 

I answered the other point on this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/40205-lloyds-tsb-defence.html#post799213

  • Haha 1

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks again Gary H (does the 'H' stand for helpful by any chance :) )

 

Ok, so just play the waiting game for now! My claim is less than £1500.

 

Out of interest, do you know if Lloyds generally close accounts after action. Also, going forward following claims they pay out on and assuming you haven't signed anything with conditions on. Do they continue to levvy charges in such a way......presumably unless you try to claim back again or until such time as the OFT issue guidelines on minimum charges?

 

RR

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Thanks again Gary H (does the 'H' stand for helpful by any chance :) ) YES it does!

 

Ok, so just play the waiting game for now! My claim is less than £1500.

 

Out of interest, do you know if Lloyds generally close accounts after action. NO, not that I know of, but open a parachute account just in case. Also, going forward following claims they pay out on and assuming you haven't signed anything with conditions on. Do they continue to levvy charges in such a way YES they blooming do!......presumably unless you try to claim back again or until such time as the OFT issue guidelines on minimum charges? exactly

 

RR

good luck:)

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