Lloyds TSB reclaim ** WON**

[Wilks 77]

I am in the process of claiming back my charges and also my father-in-law's charges. I am doing it all on Money claim online. Lloyds TSB put their defence in one day before I could have asked for the judgment to be passed.

 

Just reading the other threads about Lloyds TSB winning in court, I was just wondering if any one had their T & C's for lloyds TSB for the last six years?

 

I'm a CAG virgin, so to speak, so I hope I have made sence.

 

Can anybody help or advise.

[Wilks 77]

I started the whole process on the 19th of January 07 with the initial request for my statements. I personally have had no correspondence what-so-ever, however my father in law had the usual sodoff letter from LloydsTSB.

I therefore started moneyclaim online for the both of us in the beginning of May. Where they submitted their defence a day before I could have asked for a judgment to be made. I am now awaiting a date.

I have started to read about what documents I need for the court bundle, and some of them I haven't got. I haven't got any letters from Lloyds stating that they are going to charge me when I went over my overdraft limit. I shredded all these at the time. As stated above, i have also not got any correspondence from Lloyds TSB to add to the file.

 

I think I am going to need assistance from you all in this as I'm getting a bit nervous now.

Cheers

[Wilks 77]

Please can someone read my thread and answer this question I have. I am in the process of writing a letter to Lloyds TSB under the Data Protection act for them to send me all the information they have on my since I opened the account with them. I have specifically asked for the T&C's relevant to my account over this period.

 

My question is the 40 day rule for them to comply with. Is it 40 working days or 40 calender days?

 

Please help

[broke dave]

It is 40 calendar days. Welcome to CAG. Don't panic about the T & C's just yet. We are all desperately searching for these. As and when people have found them they will be posted on here (look at the sticky - Help Evidence Required)

[Wilks 77]

Cheers Broke Dave for the reply. I was thinking that there was a problem or something.

 

I have written a letter which I'm thinking of sending off.

 

 

Dear Sir or Madam

 

I am writing to request that you send me all documented information in relation to myself and my bank account that is in your possession. I am in the process of claiming against you for what I would describe as unlawful charges that you have applied to my account over the last six years. What I specifically request from yourselves are the Terms & Condition relevant to my account since it has been opened also any documentation in relation to me or my account. I am aware that the Terms & Conditions have recently been amended by Lloyds TSB in light of the continuing legal fight against you in relation to what I believe to be unlawful bank charges. I therefore request the Terms and Conditions issued to me when the account was originally opened and also any amendments in these T&C's over the length of my account.

These documents are required due to the fact that I am in the process of assembling my court 'bundle' in preparation for our court meeting, which the date has not yet been confirmed. It is unfortunate that this situation has come to this, but I am steadfast in by belief that I will be successful in our court case as I have done my research and put together a healthy court 'bundle' to date.

It is also unfortunate that communications have not resolved our situation, where I only got one response from yourselves stating that my charges will not be cancelled.

This letter was sent by recorded delivery in order for me to show the judge on the day of our court meeting, that I have done everything in my power to get relevant documentation from you before the case is heard. I have also kept copies of the other letters sent from me to yourselves in order to resolve this situation before the court process, which will be put before the judge. I have again attached a copy of the schedule of charges which I am claiming for, for your information.

Please find enclosed a cheque for the maximum statutory charge of £10. I feel that I am entitled to this documentation and information by law under the data protection act, and await your reply.

I look forward to your response within 40 calender days, as Lloyds TSBis obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner and also the jusge will be informed on the day of our hearing.

 

 

Yours faithfully,

What do you think?

[Wilks 77]

Sorry for the length. I haven't said those words in the same sentance before. lol

[Wilks 77]

Apart from Broke Dave, I feel that I am talking to myself. Hello is anyone out there. I think I should change my name to Ihava bigtiets to get more response.

[nicolefrenzy]

dave is correct dont worry about the terms and conditions just yet and 40 human days (calendar)

 

lol i dare you change ya name

[broke dave]

The letter looks fine but I wouldn't be at all surprised if they didn't reply. But the letter will be a useful piece of evidence as and when the court date arrives.

Stick with CAG; people will start to reply.

[GuidoT]

We are here, just reply to your own thread with BUMP (Bring Up My Post) if you do not get a response that day.

 

As you progress more people will subscribe to your thread. It is a bit lonely initially.

[Wilks 77]

Cheers everyone. Feel a bit better now. Will keep on with it, but I just don't like waiting and the wife is moaning that I'm always on the computer looking at other peoples threads and post.

Anyhow, will keep you all updated when there is additional info.

 

Cheers again guys's and gals

[Wilks 77]

Just thinking. My father-in-laws claim (the claim which they have put in a defense), I haven't heard anthing by mail yet and its been a week. Should I start preparing my court bundle now or wait until I hear from the courts?

 

Also my claim, which they only acknowledged, do I just sit and wait for the time to run out, which is the 10th of June?

 

I hate waiting.

 

ANy advice?

[curlychic]

Just thinking. My father-in-laws claim (the claim which they have put in a defense), I haven't heard anthing by mail yet and its been a week. Should I start preparing my court bundle now or wait until I hear from the courts? (By all means start gathering the information, but i wouldnt print anything off yet as it is ALOT of printing. Also it may not get even get to that stage)

 

Also my claim, which they only acknowledged, do I just sit and wait for the time to run out, which is the 10th of June? (Afraid so. After acknowledgement they have a further 14 days in which to enter a defence)

 

I hate waiting. (You better get used to it Lloyds are good at drawing the hole process out)

 

ANy advice?

 

You may find this link helpful as a basic guide to what to expect at each stage.

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

 

I hope i have been helpful, if so, please click the scales

XxXxX

[Wilks 77]

Cheers again everyone. My Father in laws claim has now been transferred to my local court in west wales. No date yet though. I am working afternoons today, so I will reply in full after my shift to let you all know the full defence and also if you can assist.

My claim is still in the acknowledgement phase, so they have until the 10th to defend.

Fingers crossed for that one.

 

Cheers again

[Wilks 77]

Ok, the reply I had Yestarday was a "NOTICE OF TRANSFER OF PROCEEDINGS". The front page is stating that it has been transferred to my local court in West wales. No date specified though, and states that all further communications to be sent to this new address.

 

The second page states:

 

1. The filing of an allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise. (This I have read in other threads is now the common process)

 

Note:Any party affected by this order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

 

Allocation fee may still be payable in this instance.

 

The 3rd 4th and 5th pages are the defence by Lloyds TSB. 9 points in total. I will list them on the next thread.

 

Just a question about the above, do I need to do anything in particular within the 14days mentioned?

[GuidoT]

See here:

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

[Wilks 77]

Defence:

 

1. The defendant, LLoyds TSB, admits that the claimant has been a customer at all material times.

 

2. By opening an account with the bank, the customer enters into a commercial arrangement with the bank for the provision of banking services. The bank is entitled, as a part of the arrangement, to charge for those services. At account opening a customer is provided with details of the banks charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided free, notwithstanding that they are an expense to the bank. Such services presently include, but are not limited to, providing,

cheques, bank statements, the facility to make payments by direct debit and standing order, ATM's.

 

3. By maintaining the account in credit, or within any limit agreed with the bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the banks own funds. If the bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the bank explains that there are normally no charges for everyday banking at LLoyds TSB when your account is in credit.

When you use an agrees overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. this guide explains how these charges work, and when they will apply.

If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go-ahead.

 

4. There is no breach of contract, the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the bank's loss.

 

5. The customer is given advance warning of charges being imposed, statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month's statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

 

6. The charges are fair and reasonable, and it is denied that they are unlawful.

 

7. The customer is notified of the charges in plain intelligable language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to regulation 6 of the unfair terms in customer contracts regulations 1999, are not subject to the assessment of fairness.

 

8. In the premises:

8.1 the charges are for banking services, and are not damages nor a penalty,

8.2 the bank is entitled by contract to impose the charges, whaich are fair and reasonable,

8.3 it is denied that the charges are unlawful or contravene any statute or regulation.

 

9. The claimant's claim is denied in its entirety. It is further denied that the claimant is entitled to the sum claimed or to any sum from the bank.

[GuidoT]

Standard nonsense.

[Wilks 77]

Please can anyone assist. I know the above is long winded, but is it standard and what do I have to do?

 

Please help!!!

[Wilks 77]

Cheers GuidoT, I will look at the thread you pointed me to.

[diamond4736]

I am in the process of claiming back my charges and also my father-in-law's charges. I am doing it all on Money claim online. Lloyds TSB put their defence in one day before I could have asked for the judgment to be passed.

 

Just reading the other threads about Lloyds TSB winning in court, I was just wondering if any one had their T & C's for lloyds TSB for the last six years?

 

I'm a CAG virgin, so to speak, so I hope I have made sence.

 

Can anybody help or advise.

here are T&c's for 2004 that i found on another thread, hope this helps

Evidence for court bundle needed when reclaiming penalty bank charges

[Wilks 77]

Thanks for that. I have looked at it and it refers to credit card charges and the fact that they are going outside the condition of the contract. I don't think this can be used for the current account though.

I have printed off some T&C from web archive, which I found a like on another thread. Not bad, but doesn't mention breaching any terms or conditions, this is only for the credit cards.

 

Cheers

[innocent]

Have you seen this thread??

 

Calling all Lloyds TSB customers re:t&c's

 

Rgds

 

Innocent:)

 

 

Thanks for that. I have looked at it and it refers to credit card charges and the fact that they are going outside the condition of the contract. I don't think this can be used for the current account though.

I have printed off some T&C from web archive, which I found a like on another thread. Not bad, but doesn't mention breaching any terms or conditions, this is only for the credit cards.

 

Cheers

[Wilks 77]

Cheers innocent. I have printed off some T&C from web archive site which is quite good. It seems though that only the credit card T&C's refer to unauthorised O/D as breaches of the contract, so I don't think they will be usable.

 

I have read the link you posted, lots of helpful people wanted to send in their T&C's but no access for us basic users, getting a bit stressed.

[Wilks 77]

Hi, can someone please assist?

 

I am sending off a nudge letter today and am thinking about adding my draft order with it. Just a quick question, when I send my Draft order to my local court, do I have to attatch a cover letter, or is the details on the draft order enough?

 

Please help