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    • ok thank you.   please don't take the questions i am asking as a bit naff and p'haps could be viewed as pointless , but i am simply gathering what information might be needed when obviously more the knowledgeable members appear in the morning. more of an info gathering stage at present.   you indicate mediation, so my last question is how far 'in' are you regarding the court claim she has made, at what stage and have you appointed a solicitor yet as you indicate a worry about costs...i hope not as there might not be a need too,   you would gander your costs against the claimant, but is this a small claims county court claim? , in the family section or whatever its called?
    • Yes I am the executor and the estate has been settled.     She has made a statement with a solicitor and wants mediation.   But there is no basis for a claim as we have evidence that she wasn’t cohabiting, was living with another man as his ‘carer’ and was not dependent yet her solicitor still supports her claim against 1975 act.     Seems unfair, will we be allowed to claim our costs back for example?    we feel we are being dragged through litigation without any basis for it. 
    • sorry for your loss..it can be a difficult time this might be a wee bit outside of advice that can be effectively given on a forum.   what type of legal claim has been raised please? where in the probate etc process are things currently or has the estate of your late father already been settled ? i was guess you are an executor of the estate too? 
    • A girlfriend, she claims to be a dependent and to have been living with him. Both false claims. She has large properties in Thailand and london which she put in her sons name after my fathers death.      
    • hi you'll have to slightly expand on what is behind your query..   who's estate? who is this person in relation to the person who owns the estate and why do they think they have a claim?   dx  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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azucar v. llyods tsb ** WON**


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Well, I started my claim in March by asking for copies of my statements and/or a statement of charges.

 

21/03/07 - I received details of charges with no problems.

 

22/03/07 - I then sent them a request for repayment of charges for a total of £1155.94 which covered overdraft interest, overdraft excess fees, upaid cheque/standing order/direct debit fees. I included a detailed schedule of charges with this. I gave them 14 days to respond.

 

28/04/07 - Letter of acknowledgment received

 

Stupid me, I forgot I gave them 14 days so sat around waiting for a response. Received one on 19/04/07 (4 weeks later) saying they will write again in 4 weeks.

 

23/04/07 - standard response replied basically saying get lost.

 

I'm now going to send an LBA along with the same schedule of charges I sent previously. I also intend to add any charges I've incurred in the meantime. Can I do this?

 

I've also read all the FAQ's, guidelines, other peoples cases/success stories and my head is now swimming with information overload...but...I think I'm ready for the next stage!

 

Does anyone know if anyone has actually ended up in court yet? I'm quite nervous about the prospect of having to do it alone.

 

Any help appreciated! And thankyou CAG for starting this forum..it's invaluable and WHEN I get my money back I will be making a donation!

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Forgot to ask...do I send the LAB to the address on the last letter I received? The address I have is:

 

Llyods TSB Bank PLC

Customer Service

Charlton Place

Andover

Hampshire

SP10 1RE

 

Thanks!

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Forgot to ask...do I send the LAB to the address on the last letter I received? The address I have is:

 

Llyods TSB Bank PLC

Customer Service

Charlton Place

Andover

Hampshire

SP10 1RE

 

Thanks!

Hi Azucar

Checking the sticky for Lloyds contact details it states the address below for Prelim and LBA letters, so if I were you I would use this address and not the one shown on your letter .

 

Customer Care

Lloyds TSB

125 Colmore Row

Birmingham

B3 3SF

 

This is the address that I used for both my letters.

Good Luck:)

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I would now send to the address on the last letter, i.e. Andover. Ensure that you use the Gresham Street (registered office) address for the claim form.

If I have been helpful please click on my star and add a comment.

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"I'm now going to send an LBA along with the same schedule of charges I sent previously. I also intend to add any charges I've incurred in the meantime. Can I do this? "

 

Hi

Yes you can add on any charge up to the point of filing your Court claim.

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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Excellent..thanks! My LBA is all ready to be sent via recorded delivery tomorrow :D

 

I'm busy prepping for the next stage. Have a few questions about the N1 form:

 

1) I've been with Llyods forever, if I call them will they tell me when I opened my account do you think? Is it necessary that I include that bit if I can't remember when I did open my account?

 

2) For the value part where you're meant to put in:

 

Charges £xxx.xx

Overdraft Interest £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

 

Is ' Interest under s.69 County Courts Act 1984 £xxx.xx' the 8% total from the simple charges spreadsheet?

 

Also, is the last bit (rate per day) what's known as contractual interest? The FAQ's say not to go there unless you're clear so I don't know whether to include that or not :confused: If anyone could give me a clearer picture that would be great!

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1 - I would think that it is only relevant that you held an account on the dates of the charges

 

2) Yes

 

also) No this is not CI - this figure is the total of your claim multiplied by 0.00022

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  • 3 weeks later...

Well it's been just over 2 weeks since I sent the LBA. I thought i'd be nice and give them a few extra days to respond but so far nothing. I know the next step should be to fill in the N1 and send it off but I have a few things on my mind and was wondering if someone could help me out!

 

1) I didn't send the LBA by registered post as my dad posted it for me and forgot! I read somewhere that the banks sometimes claim that they didn't receive the LBA...is this going to be a problem for me especially since I haven't received a reply?

 

2) Would it better to file my claim via the courts or online?

 

3) Again, I can add any extra o/d charges/interest onto my claim can't I?

 

I feel like I'm missing something out but I'm sure I've dotted all my i's and crossed all my t's! :confused:

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I would go for N1 as it gives you more space to fill in your Particulars of Claim. You can add onto your claim any charges that have been levied from your account right up until the time you file your claim with the courts. As for your letter not being recorded delivered, I wouldn't worry about it, just remember to keep a copy of it for your own file.

 

What interest are you claiming?

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Cheers jowalshy!

 

I'm claiming o/d interest and i'm planning on adding the 8% in my claim along with the daily interest bit as well (if that makes sense!)

 

another question....llyods are going to take another 12.16 out of my account in june for od interest (according to my last bank statement). i know you said i can add amounts taken out of my account up until the date i file my claim, but can i add amounts that are due to be taken out or is that taking the p*** a bit?

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I am a bit confused as to what interest you are claiming back. Are you trying to claim back all of the interest that they have charged you or just a proportion of it that relates to your charge?

 

If you are trying to recoup all of the interest, then please be advised that you cannot do this. You can only reclaim a proprotion of it that relates to the charge taken from you. e.g if you go over your o/d limit by £50 and they charge you £35 for the privaledge, then charge you £2 in interest. that £2 relates to the total over your limit ie £85. You can only claim back the part that relates to the £35.

 

It is best to clarify this before you go down the court route to save you ammending it at a later date.

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As for the interst being taken in June. Unfortunately you cannot add this now if you file your claim now as it hasn't been taken yet.

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ooohh im confused :confused: basically i just added my overdraft interest amounts to the claim.

 

ok...so if i've made a mistake here and can only claim the proportion that relates to the charges, can i backtrack and send them an amended schedule of charges?

 

feeling pretty stupid now especially since i thought id read everything properly! :mad:

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whooops, never mind. You still have time to change it as when you submit a claim with the courts you will be sending them a copy of your up to date schedule of charges anyway and also a copy will be sent to Lloyds solicitors once they have acknowledged your claim.

 

Now lets get you back on track.

 

Go to the bank templates library and then go to the spreadsheet calculations post (No. 6). Use the advance spreadsheets and follow the instructions there. This spreadsheet will then calculate the proportion of interest that you can reclaim.

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Thankyou sooooo much for noticing!!

 

I've found the spreadsheet and to be honest it looks a bit scary! I'm trying not to panic now!

 

I just need to get a few things straight...

 

1) I can't claim od interest from before the first penalty. After the first penalty and all subsequent penalties, i can only claim the proportion of interest the relates to the penalties..

 

2) What do i do if i don't know what my balance was when the charge/interest was taken out of my account? The notes say 'Enter the balance the account is showing at the date you are stating, using a minus figure for overdrawn balances' but i only received a schedule of charges and don't have my statements for the period i'm claiming for. How do I go about this?

 

Thanks again..I can't tell you how helpful this forum has been!

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The answer to your first question is - that is correct. You can only claim after the first penalty.

 

Is there anyway you can access your statement online? I know that you can for HSBC, but I don't know whether you can do this for Lloyds as I am claiming on behalf of my brother and he had all of his statements.

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yeah i can, but it doesn't go back to 2003 which is the year i'm claiming from, and i think you can only see the last 3 months online anyways. i will double check though.

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Have you tried popping into your branch and requesting a printout of the statements you need. You never know, sometimes they can be helpful.

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haha llyods, helpful? :p might give it a go..

 

ive just had a good read through some threads and if i've read everything correctly, this o/d interest percentage i'm seeking to claim is contractual interest right?

 

i think what i'm going to do is go to my bank and ask for statements, if i can't get hold of any i might just leave the interest bit out and stick to claiming the charges and 8% because then at least i know that my amounts are correct!

 

i'm a bit worried also about them not having the correct schedule of charges, although i'm guessing if i'm claiming for less than i originally asked for they can't really complain!

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ive just had a good read through some threads and if i've read everything correctly, this o/d interest percentage i'm seeking to claim is contractual interest right?

 

!

 

No it is not contractual interest. It is claiming back the interest that they have charged you on the charges they have taken from you.

 

Contractual interest is charging them interest at the same rate they have charged you on the charges they have taken from you. I will try and find some thread for you of people that went for the contractual interest.

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Also, contractual interest really has to be mentioned right from your prelim letter and if you are claiming it you cannot claim the 8% stautory interest at court stage.

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Here is one thread that I have found where someone won with contractual interest.

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/26172-mindzai-lucid-lloyds-tsb.html?highlight=contractual+Interest

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confused again :confused:

 

whats contractual interest? i'm confusing it with od interest and thinking they're the same thing...theyre not are they?

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oops crossed threads..thanks for that! im going to ask for statements. if i don't get them then i don't know what i can do about the od interest because it appears i can't calculate it without a balance

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