1ManRiot Vs Lloyds TSB: Next step

[1ManRiot]

I am attempting to claim back £1200 worth of bank charges from the last 6 years with Lloyds TSB. I acquired the statements, highlighted the charges and sent them to the relevant place, along with a letter stating how the charges are illegal and so on and that I want them back. (As per advice and templates on the BBC link below).

 

I have just received a letter, which appears to be a generic one rather than personally written for me, fobbing me off with "Like any business we do make a charge for some of our extra services..." and so on and thats it!

 

Now the BBC website below, suggests that if you are not happy with your response then you should persue it with the small claims courts.

 

What do you think, persue it? The letter appears to be very dismissive, working on the assumption I probably won't bother to chase it.

 

http://news.bbc.co.uk/1/hi/business/6170209.stm

 

Thoughts, advice and opinions please.

[empowered]

Please use the templates and step by step instructions as laid out on this site and you won't go wrong! The letter you have received to your Prelim sounds the standard fob off one and you should now send your LBA (Letter Before Action) giving them 14 days before you start court action. Attached to your letter should be a full schedule of all charges, dates and charge descriptions (do not just send in copies of your statements as they will probably put you at the bottom of the heap if they feel you do not know what you are doing!). I have followed the guidelines on this site which are tried and tested, and have today received a settlement before completing an AQ so it does work! Shout if you need more help.

[Michael Browne]

This forum recommends sending a Letter before Action first, then filing at court 14 days later:

3. Letter before action - Consumer version - asking for it back

[oyster11]

Thats right 1Man,

 

Use the advice on this site and you wont go far wrong just look at the post people are getting their money back left right and center by following the info on here.

 

Keep going you will get it back

 

 

Oyster

[1ManRiot]

Thanks gents, good template, I will keep thee informed!

[1ManRiot]

Just before I send this letter, I am attempting to claim my full bank charges (I.E. £30 each charge), or the charge minus the "fair" £12 (so £18 each charge).

 

Thanks again.

[GuidoT]

You are claiming it all back, forget about the £12.

[jubaxt]

claim it all riot-dont forget overdraft excess charges too-you can claim for almost everything cept odraft interest

[jubaxt]

oh and you cant claim standard rip off charge that lloyds put on for MANAGING your account-thats a laugh-they couldnt manage a ........

[GLADSTANES]

To best of my knowledge you cannot claim fees, i.e. monthly fees for the privilege of having the account.

 

However, if the entry says CHARGE you can claim it.

 

Others should confirm this.

 

Please double check.

 

Gladstanes

[1ManRiot]

Thanks, I'm a week later than the 14 days, but I'm going to post off the letter before action this afternoon. They have just served a default notice on me for the £300 over the £1000 overdraft limit (all a result of charges) so I need to get my act together and get it resolved ASAP.

 

I feel like I'm doing something wrong for some reason!!

 

Thanks for responses guys, great forum.

[1ManRiot]

This is the letter I have written for them (based on template given above)

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Lloyds TSB Bank plc

(Local branch)

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Friday, May 04, 2007

Dear Sir/Madam,

RE: Account Number: ########, Sort Code: ##-##-##

Due to recent media coverage on bank charges I now believe that you, Lloyds TSB have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd versus New Garage and Motor Co Ltd [1915] AC 79 along with Murray versus Leisureplay [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

Furthermore if you fail to comply with this letter, I request without further notice a breakdown and proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e).

Therefore I require you to refund me a total of £1233.00, representing the total, unlawful amount charged during the last 6 years.

I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.

I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against.

Please find enclosed a copy of the statements highlighting these charges.

Yours sincerely,

Rob ##########

That sound ok??

[jubaxt]

oooh-a man who means business rob-good luck-i'm still counting my 40 days-seems endless-ju

[1ManRiot]

Bump.

 

Any comments on my letter guys? Is it ok, missing anything?

 

Thanks

[GuidoT]

Letter is fine, I would not go to the trouble of sending the statements.

 

They do not read these letters properly anyway, they just send out generic response nonsense.

 

For the next stage:

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

[Michael Browne]

Seems fine to me.

[1ManRiot]

Letter is fine, I would not go to the trouble of sending the statements.

 

They do not read these letters properly anyway, they just send out generic response nonsense.

 

For the next stage:

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

 

Cheers, I'm hoping it won't come to that ^^

[GuidoT]

It will come to that, I have not known Lloyds to settle prior to court, save with the smallest claims - which yours is not one of.

 

Be prepared for a long drawn out affair, 2 months at least, some run to 9 months. You should get your money back before Christmas (2007) though.

[TeamD]

To best of my knowledge you cannot claim fees, i.e. monthly fees for the privilege of having the account.

 

However, if the entry says CHARGE you can claim it.

 

Others should confirm this.

 

Please double check.

 

Gladstanes

 

Hmmm, could you not approach the account maintenance fees issue on the basis that they have a contractual duty to operate your account properly and having not done so should not be charging you for the service?

[1ManRiot]

Its been 14 days since posting the Letter Before Action, I received one letter from my local branch to which I posted it that it had been passed on to the relavant department but it looks like I'm not going to get a response. Time to move onto step 4.........I'm really not enjoying this!!

[GuidoT]

Keep going you are doing fine.

[jubaxt]

i'm not far behind you riot-plod on-you'll get there

[1ManRiot]

Am I best following MoneySavingExpert's advice and claiming throught HM MoneyClaim?https://www.moneyclaim.gov.uk/csmco2/index.jspI was very close to giving up but I have nothing to lose so I might at well push it for all its worth.

[GuidoT]

No giving up, MCOL is pants, I would not use it unless you have to.

 

File as here:

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