Doog vs Lloyds TSB

[Doogal]

Hi All,

I am at a place now where i am happy to start claiming all of my £3058 charges back from Lloyds TSB since July 2002 but need a little advice as some of the guide I found a little confusing and would like some clarification before i send of my preliminary letter.

 

I haven't gone through the Data Protection Act stage as i am able to retrieve all my valid statements from the online banking relevant pages, what confuses me is the below from THIS page.

 

If you obtained your statements online you will not have asked for details of manual intervention as this is in the DATA PROTECTION ACT LETTER, so it may be useful to add this paragraph to this letter.

What paragraph is this referring to?

 

Additionally, when calculating the interest would this be done at the time of sending of the preliminary mail or would i just be sending the list of charges as they appeared on my statements at this stage?

 

I have a letter drafted up and ready to go but it will be easy enough to make these changes to make sure i have everything right!

 

In finishing, which address would this be posted to? i believe that:

 

Lloyds TSB

71 Lombard Street

London

EC 3BS

 

will be the correct one.

 

Sorry for all the questions but a mistake by myself could screw everything up

 

Thanks in advance!

 

Doogs

[Doogal]

Anyone? got a letter burning a hole in my pocket

[BARTY]

Hi

I would say it refers to this part of the letter:

"Additionally, 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"

 

Send the letter to:

Customer Care

Lloyds TSB

125 Colmore Row

Birmingham

B3 3SF

 

Send a copy of your schedule of charges, you can use one of the spreadsheets to calculate your interest:

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

Good luck, let us know how you get on.

Barty:)

[Doogal]

Can't seem to get that downloaded

 

anyone got an alternative link?

[BARTY]

There seems to be some problem with them at the moment, there are some more here:

 

VAMPIRESS'S CHAMBER

[Doogal]

Thats Great! thanks very much!

 

just filling that in now, do you think printing off a copy of this spreadsheet when complete will be suitable to send with my prelim or just give them the list of charges that i have recieved and give the figure including related interest as part of the letter?

[BARTY]

Yes send a copy of your spreadsheet, without the interest column on though.

Barty:)

[Doogal]

cool, will just hide that column when i print it out and will make it clear that the figure being claimed includes interest in the letter.

[Doogal]

As i am dead paranoid about getting this wrong, could someone please have a quick read through this, it is the body of the letter i am sending:

 

Dear Sir/Madam,

 

I am writing to ask you to refund to me the charges which you have levied from my account over the last 5 years.

 

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations.

 

It has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

In accordance with the above, I calculate that I have been unfairly charged £3058 since January 2003, interest has been added to the charges at a rate of 8% and leads to a total of £3524.92 and I require a full refund of this amount. I have enclosed a breakdown of these fees as found on my account statements.

 

Additionally, 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

 

 

You have 14 days to reply to me in writing accepting my request in principle and letting me know a date by which I will receive payment. If this does not happen then I will have no choice but to commence legal action in order to recover this amount.

 

Yours faithfully,

 

thanks

[curlychic]

You cannot claim interest at this point so this needs to be removed from the letter. Apart from that the letter is spot on.

 

You must also remember to remove the interest column from the spreadsheet, which detail your charges.

 

Interest cannot be claimed until court action starts.

 

Good luck this link may help you along the way

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

 

XxXxX

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

If I have been helpful please click the scales

SAR sent 18/12/06

Statements received 02/02/07

Preliminary Request sent 05/02/07

Standard ‘No’ letter received 15/02/07

LBA sent 16.02.07

NO RESPONSE

Court Claim sent off 05/03/07

Claim issued 14/03/07

Claim Deemed to be served 16/03/07

AQ & Defence received 30/03/07

AQ Returned 31/03/07

[Doogal]

 

thats what i had initially, guess i must have misunderstood Barty

 

oh well, the rest is cool so reedit and send time

[curlychic]

The step by step link i added to my last post (see below) is invaluable.

If you follow this at each stage, you cannot go wrong.

XxXxX

[Doogal]

Thanks again

 

appreciate your help, the prelim should be in the post tomorrow!

[Doogal]

Okay, so prelim was sent out as stated which is my foot in the door, a little excited and at the same time terrified by this!

 

my bank is in good order and i have an agreement initiated by myself to reduce the limit of my overdraft on my account so think i am now in a position where they can't throw any bad account management stuff back at me.

 

The proof of delivery has a legible printed name on it which is handy and it was signed for on the 24th no delay in delivery at all which is amazing!

 

14 calendar days will be up on the 8th of May, should i prep up my LBA at this time to stay ahead of the game or just wait to see if i am contacted in any meaningful way?

[curlychic]

Forgive me for taking a slightly negative stance, but although miracles do happen.....this is Lloyds TSB we are talking about.

You can alsmost stay one step ahead of them at each of the earlier stages.....if you have some time on your hands why not get it prepared.

Good luck with your claim

XxXxX

[Doogal]

Right, no reply from Lloyds *shocker*

 

LBA is prepared and should be hitting the post this morning recorded delivery.

 

one thing i am concerned about right now is that there was a typo in the date of my prelim letter (May instead of April) but i am guessing that anything picked up by them here would just be petty.

[Doogal]

Hi All,

I have now got to my timeframe (a little bit past but family holidays are a little more important ) and i still have nothing back from Lloyds at all, not a sausage... i was expecting at least something and this has definitely worried me a little!

 

Most threads i have read have had at least a letter regarding an attempted settlement from the bank, should i go ahead and start with my MCOL?

[curlychic]

Hi Doogal .... Yep, time to file your claim.

I see that you are going to use MCOL ... is that correct ?

Local County Court is preferred route as MCOL are so snowed under,

most cases are being transferred anyway

XxXxX

Hope you had a good holiday

[Doogal]

I wasn't 100% sure, i was just following what i have seen... a friend of mine used MCOL and was probably going to use them as i can use his experience to aid my progression.

 

of course i am always willing to branch out if it will make life that little bit easier

 

holiday was good thanks!

[curlychic]

The way i look at it, is if you file via MCOL and then it is transferred to your Local County Court ... you may as well have just started off with them in the first place.

The choice is yours though

There are tons of people on here who will be able to guide you through either process, whatever you decide

XxXxX

[BARTY]

Hi

Have a read of these links to help you with your claim:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html POINT 6

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

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

 

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

 

Barty:)

[Doogal]

With the problems that happened with Lloyds one successful defence it was mentioned that attaching the terms and conditions for your account at the time it was opened, i don't have anything like that and is it really that important?

[Doogal]

Right, my forms were received on the 7th so that is now the date that all my timetables run from, i have recieved an acknowledgement from SC&M which was dated the 15th and am currently about to send the appropriate letter to them with the details of charges including interest.

 

I was fully comfortable till this point but this morning i found out that they have already filed a defence which seems a little fast for me and now feel a little worried! i am going to proceed as planned and send the above letter off recorded tomorrow but is it normally as quick a response time from SC&M?

[BARTY]

Hi

It is nothing to worry about, let us know when you receive their defence.

Barty:)

[Doogal]

Here's an interesting one:

 

recieved a letter from Lloyds yesterday stating the following

 

I wrote to you four weeks ago to update you on our investigation of your complaint.

 

I am really sorry we are still not in a position to respond fully to your complaint. Because we have not responded fully yet, I want to ensure you understand your rights. So I am enclosint the Financial Ombudsman Service (FOS) explanatory leaflet, which sets out their role and how to make contact.

 

You will see from this leaflet that you do have the right to refer your complaint to the Ombudsman if you are unhappy with the delay. However, I would be grateful if you could please bear with us for a little so that we may try to reach an amicable conclusion.

 

I will continue to monitor the progress of your complaint and would like to take this chance to thank you for your continued patience.

 

now, this would be a letter i would have expected if i HAD received a letter 4 weeks ago and they had actioned anything at all... however as there was no letter i have proceeded to my own time frame and i have already found out that SC&M have issued a defence!

 

I want to send a letter off to them regarding this and update them but i have no idea what to write, barring that this is the first correspondence from them regarding this matter.

 

any advice?