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Dmcgea vs Lloydstsb


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Hi all, I received my statements from tsb 2 days ago, had no trouble at all getting them, but they did charge me the £10. I have sat down and totalled all the charges for the last 6 years - £6142 and that is without calculating interest. I am posting the preliminary letter today, wish me luck, and thankyou for an outstanding forum. :-)

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  • 5 weeks later...

Oh great! just seen the news about the Hull judge, I have only just got around to printing LBA, put it an envelope all ready to send off tomorrow, and then this Hull thing on the news. My wife opened the accounbt with tsb some 30 yrs ago (we made it a joint account when we got married), we do not have any terms and conditions books or anything, is it still worth our time carrying on with our claim? I wish we had started this six months ago, but it is such a big thing taking on a bank in court, very scary stuff.

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yes

 

Did you use the Prelim and LBA from this site http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html because I thinks that it has a section to cover this issue

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

see FAQs section for prelim with similar paragraph.

it also worth looking at http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html and http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90896-calling-all-lloyds-tsb.html

 

Good luck

 

Brasic

Brasic and Lloyds TSB

Followed the guidance on the site and won :D

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HI

 

 

There is a call for T&Cs currently going on and I'm sure that there will be stuff on the site soon.

 

Secondly if I understand correctly with the new addition to te prelim and LBA that if you do get to court that it can go against the bank if you have asked for old T&Cs and they haven't provided them

originally posted by Bookworm: You go to court, and you ask the judge to order the bank to release them. And that's worse case scenario, if you haven't managed to get them before that.

Ok, example: You have incurred charges in 2000, say, long before your bank changed your T&Cs to their current setting. You start your claim, and the bank defends with the "service" argument. You ask for the then T&Cs and the banks refuse to provide them. You go to court stating that the T&Cs at the time the breaches were levied did say that they were for a breach of contract. The bank will want to rebut, but how? If they provide current T&Cs, you can say to the judge that these are irrelevant, as they were changed, and the judge is unlikely to be impressed with the sleight of hand. If they provide the correct T&Cs, make your case.

 

Take from http://www.consumeractiongroup.co.uk/forum/general/94174-do-you-think-its.html

 

Brasic

Brasic and Lloyds TSB

Followed the guidance on the site and won :D

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