azucar v. llyods tsb ** WON**

[jowalshy]

Contractual interst = charging them interest on the charges that they have taken from you at the same borrowing rate they charge you.

 

e.g they charge you £35 for bouncing an item so you charge them interest at the same o/d interest rate(for unauthorised borrowing). Have a read of the thread I put in post No.23.

 

The overdraft interest is reclaiming a portion of the interest that they have charged you on the charges they have taken from you.

[azucar]

thanks for being so helpful and patient jowalshy!

 

i'm going to go read through that thread and do some calculations and see what i come up with.

 

looks like my bank holiday monday will be spent sorting out this mess!

[azucar]

YAYYYYY!!!

 

mess sorted! (hopefully!)

 

i could in fact check my past statements online which came as a huge surprise to me! i am so pleased! further, llyods phonebanking were very useful in providing me with my interest free od amounts for the past 4 years.

 

this means that i have successfully completed the advanced interest calculation spreadsheet and am happy to say that there isn't actually that much of a difference in the amount i'm going to claim.

 

i'm going to complete my n1 tomorrow and post it off on tuesday along with the new schedule of charges.

 

thanks again for all your help jowalshy! you've been amazing!

[curlychic]

Good luck .... keep us all posted

xXxXx

[azucar]

thanks for the luck curlychic! i still haven't sent off my N1 form as I can't afford the court fees yet and payday isn't until friday! i'm going to fill out an ex160 for remission and keep my fingers crossed being the skint ex student that i am. could someone just tell me if i've got this right....

 

a) i exclude the court fee from the total amount if im applying for a remission/exemption and then send the n1 & ex160 together with evidence

 

b) if they decide that im exempt, they'll process the claim

 

c) if they decide i have to pay a reduced/full fee then they will return the claim to me alongwith a letter telling me how much to pay. in this case, can i add the fee i'm to pay to my total claim again?

 

i'm just concerned that they'll make me pay a 'reduced' fee of say 100 quid and then i won't be able to claim that back from llyods.

 

thanks in advance!

[nicsussex]

a) yes

b) yes

c) yes

 

and all court fees are reclaimable whether reduced or not if they didn't want to incurr these extra charges they should have settled before court

[azucar]

ah sweet..so i can add the 120 to my claim either way?

 

everythings ready to send off tomorrow morning now...fingers crossed!

[nicsussex]

ah sweet..so i can add the 120 to my claim either way?

 

everythings ready to send off tomorrow morning now...fingers crossed!

 

No you can only add what it actually costs you

[azucar]

Ok I'm hoping that's the end of my silly slip ups! However I do now have another dilemma and desperately need some advice!

 

I sent my court claim along with an ex160 form for remission on 5th June by recorded delivery. Today I received one of those standard letters from Llyods offering me £750 as 'full and final settlement" which is to be put into my account within 10 working days.

 

I've checked on the royal mail site and it appears that my claim forms haven't been delivered yet (or they have and the system just hasn't updated yet) and because I've sent the remission request with them, I won't know if my claim will be processed until next week sometime. If they decide to waiver the fee, they'll process the claim. If I'm given a remission or have to pay the full fee, they will send the forms back to me and then I can send them again with the fee.

 

Now I don't know what to do. Am I in a position where I can accept the £750 as partial repayment or not? Should I call the courts on Monday to find out where my claim is? What should my next move be?

 

Help please!

[azucar]

*bump*

 

[azucar]

sorry to keep on bumping this but i really don't know which acceptance/rejection letter i should be sending to the bank and i really need some guidance.

[nestie]

Hi azucar,

I'm at the AQ stage (SCM should have submitted theirs by last Thursday and so far haven't) and was never offered a £750 payment but I've read over lots of threads where people have. Can't remember the exact ones but if you read over the successes there are lots on there who had the same query as you and you'll find the advice you need there. Basically you send SCM a letter stating that you accept the £750 as partial payment only (some people have asked them to take it out of their account as they don't accept it but SCM haven't and have simply said that it's a gesture of good will payment which will be deducted from final settlement, if any) and that you are continuing with your case.

Hope this helps a bit.

[nestie]

Hi - have found the link you need for letter re: partial offers

 

Rejecting Offers

[azucar]

Hi Nestie,

 

Thanks for the link..I've already read it. I was just confused about which letter I should be sending as I don't know if my claim has actually been acknowledged or whether it will be returned to me due to the ex160 form.

 

I think I'm going to call the courts tomorrow and see if I can find out where exactly my claim is.

 

From what I understand, if the claim has been processed I use Letter 5 and if the claim hasn't been processed, I use Letter 3?

 

I just don't want to send a letter saying I've started court action until I know whether I've received an exemption for fees or not.

 

I hope that makes sense!

[azucar]

Well, my remission request was declined and my claim forms have been sent back to me.

 

I guess this means that I will be sending Llyods Letter 3 rejecting the offer and the claim forms to the court (Again!) on Friday as that is when I get paid.

 

To be honest, I'm a bit gutted that I can't accept the £750 as part payment and give them an extra 2 weeks to pay up the rest. But that is what the rejecting offers guide says I have to do...

 

I hope I'm doing the right thing! I need someone to say 'yes! yes you are!'

[GuidoT]

In case you are not aware the £750 is put in your account and you basically have no choice about it, so you just send the rejection letter and the £750 becomes part payment of the debt you are claiming and you spend it (probably on court fees).

 

Lloyds rarely pay the full sum prior to filing at court (only on the low value claims) and for some reason they generally just pay £750 whatever value your claim is.

 

Yes you are doing the right thing, stay with it.

[azucar]

Yeah, I know that the letter said that they would put the money in my account. I figured that considering it takes them so long to reply to everything anyways, it would take them forever to take the money out.

 

But thanks...I just get so anxious! :o

[azucar]

Payday has come and gone yay!

 

I'm getting all the paperwork ready (again!) to send off first thing Monday morning. I just have one question.

 

Should the rejection letter go to Llyods official address or to the address on the offer letter I received which is an Andover address?

 

Thanks.

[BARTY]

Hi

I would send it to Andover.

Barty:)

[azucar]

just an update to say that i sent the rejection letter & filed the claim.

 

llyods replied with what looks like a standard reply saying that the £750 they've given me is the maximum i'll get out of them. i guess we'll have to wait and see about that one...

 

now it's just a matter of waiting for the acknowledgment of service and the defence.

 

is there anything i should be doing while i'm waiting? also, has anyone here used any of those small-claims guides and would you recommend i get one?

[azucar]

oh one more thing! who should i be giving my litigation details to now that i have a claim number?

 

thanks!

[BARTY]

oh one more thing! who should i be giving my litigation details to now that i have a claim number?

 

thanks!

 

Hi

Yes PM one of the Mods or the site helpers.

 

Lloyds have 14 days from the date the claim was served (it is served 5 days after you filed it) to acknowledge the claim, and 28 days from the date it was served to enter a defence. You will then receive a copy of their defence and you may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

If you don't get an AQ, read these links:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html#post695176

 

Also have a look at this link for the later stages of your claim:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Barty:)

[azucar]

Thanks Barty!

[azucar]

Hello all!

 

I received notice that acknowledgment of service has been filed today. So Llyods intend to defend all of the claim.

 

I've also received a letter from SCM (****!!!) and I'm actually really concerned now. They've said that they're defending because:

 

'1. The fees that you seek are properly incorporated into your contract with the Bank; and

 

2. By making payments (...) from your account where you have insufficient funds to cover them, you are making a request to the Bank for an increased overdraft, which the Bank may meet or decline. IF it meets your request, you must pay the necessary charges. The issue of penalties only arises as a matter of law, where there has been a breach of contract, and there is no breach of contract here.'

 

So this bit i'm assuming is pretty standard. It's the next bit I'm worried about:

 

'Looking ahead, a situation which gives rise to a dispute is not one the Bank wishes to continue. In view of this, you are requested, please, to make contact within the next 14 days with your local LLyods TSB Branch Manager...to review your account. A review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.'

 

Now to me that sounds a bit like a threat to close my account which I can't afford to do until they pay me back what they owe me!

 

Am I wrong (please say yes!) and if not, what do I do? Obviously call and find out would be an idea but I want to be prepared as possible for the worst possible scenario.

 

I'm kind of panicking a bit here

[Kazzie]

Hi

 

Have a look at this thread, it doesn't look like anything you should be worrying about!

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/102251-asked-contact-local-ltsb.html?highlight=account+review