Mrs S v Lloyds

[loosepiece]

Hi!

 

i'm claiming £792 plus interest back from lloyds. I sent them the initial letter asing for my money back, I got a reply saying that they weren't going to pay me, so i've sent them a letter saying that if they don't pay i'll go to court.

 

that was over 2 weeks ago and i've not heard anything.

 

My lloyds tsb account was opened when i was in england, i've been up here for 3 years now.

 

i've noticed people saying that i shouldn't make multiple claims to get it up to £792 plus interst, and that i should go to the financial ombudsman instead. How do i do this>? is it successful? etc etc etc can i do this now or do i need something else from the bank first?

 

 

 

please help! i'm feeling lost!

[lol114]

Hi

 

Now, you do as you have said in your letter, you take them to court. Why would you want to go to the finanacial ombudsman, when a summary cause action in scotland allows you claim up to £1500. The financial ombudsman is helpful for people whose claims are over £1500 in scotland. If my claim was for under £1500, i would certainly use a summary cause action, as the ombudsman service could take very much longer than this to be successful.

 

Hope this helps, you should now go and read on the forum how to go about bring a summary cause actions against your bank

Good luck!

 

Linda

[rory32]

The FOS may or may not take longer than the court route (depends on your court). Two reasons for choosing FOS is:

1. you don't have the hassle of going to court and filling in court papers.

2. The bank gets fined £400 for each complaint the FOS looks into.

 

At the end of the day its your choice. Link to FOS website to help make up your mind our complaints procedure and how to complain

[loosepiece]

thanks for the replies guys. How do i go about a summative cause action - i've never heard of it before! It is tempting to go to the financial ombudsman simply because it takes the pressure off me, but i want to know all the facts about all my choices before i decide.

 

thanks again, and any info on the summative cause action greatly appreciated

[lol114]

Hi

 

I would read through this thread:

 

Scottish Procedure

 

 

read all you can, whichever you decide, there is plenty of support on this site to help you every step of the way.

 

best wishes

[loosepiece]

so what sort of timescale would i be looking at for a summary cause action? can i just toddle of to my local sheriffs court? and do i put the head office address for lloyds bank in that box? I never know which address to put for them.

[stevokenevo]

The address you should put for the defendant is

 

LLOYDS TSB SCOTLAND PLC

HENRY DUNCAN HOUSE

120 GEORGE STREET

EDINBURGH

EH2 4LH

 

You would be looking at a 6 week timescale. You cant just toddle off to the court, you would have to read up on exactly what a summary cause action is before embarking on it.

 

As many people insist on advising, the forms ARE pretty much identicle, and logistically the only difference between summary cause and a small claim is you have to get a sheriff officer to serve the papers, but, the consequences should you go to court and lose are greatly different.

With a summary cause you have increased liabilities and would could possibly be left with a hefty bill for expenses.

 

Now, i have succesfully used the summary cause action twice, including contractual interest to make things more interesting, but, this does not entitle me or anyone else to advise you to go down this route. It is easy enough to sit here and tell you what to do, but at the end of the day it is you who would be liable and therefore your decision.

 

S

[loosepiece]

Right. I've read and i'm going to go with the ombudsman. I'm terrified at filling out the form in worng though. (you wouldn't believe i've an MSc in an intelligent suject would you?)

 

i've printed it out, but am not sure about several of the fields. Firstly the address of lloyds bank - is there one in particular - probably not the scottish one posted earlier, as my bank account wasn't held in scotland. Secondly - the date of it - now i am claiming charges from a range of dates do i just sort of fit that in somehow.

finally the 'tell us what your complaint is about' do i jsut paraphrase my original letter to the bank, as that puts it quite succinctly?

 

 

terrified and nervous

 

thanks

 

 

t

[loosepiece]

please help me with this form!

[rory32]

First of all the address - you can just put in your branch address.

Secondly what the complaint is about - the complaint is about the unlawful levying of charges on this account from the period of x date to y date.

You will need to supply a list of the charges, the amount and when they occurred. Also you need to tell them if you want to claim interest (I would ask them to apply interest at their discretion, although point out a court would automatically award 8% to a successful claim). If you have a list of the charges in a spreadsheet format I would suggest you attach it.