Ant VS Lloyds TSB - some advice please!

[antpugh]

Hi there,

 

I am a new poster and have been monitoring the site closely throughout my claim process over the last few months. I am currently at the stage of filling in the online MoneyClaim form because I have not received a response to my last letter.

 

I am a little confused as to which address I need to claim for from Lloyds though. Is it the branch where my account is held? Or is it the address that sent my the first reply saying they would not pay?

 

ie. Andover Service, Recovery Centre, Charlton Place, Andover, Hampshire, SP10 1RE.

 

Any advice would be very gratefully received.

 

Cheers

Ant

 

Claiming £850.96

[jubaxt]

hi ant

Address to Serve Court Papers

REGISTERED ADDRESS:

 

LLOYDS TSB BANK PLC

25 GRESHAM STREET

LONDON

EC2V 7HN

[antpugh]

thanks for the reply - although this address is different to all the adresses I have?!

[BARTY]

Hi

The address posted by jubaxt is correct.

Also have a read of this:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

Good luck, let us know how you get on.

Barty:)

[antpugh]

thanks very much! You don't know the address for Cahoot (Abbey) do you? I am reclaiming from them too but no one has replied to my post there!

[BARTY]

Hi

I've just had a quick search on there, and it seems to be:

 

Cahoot

Friars House

PO Box 1981

Coventry

CV1 2ZA

 

Barty:)

[antpugh]

I have sent the 3rd letter threatening with action. I have just received a letter saying they need another 4 weeks to 'do a thorough investigation' -should I ignore this and take them to court now?

[jubaxt]

if its the lba you sent just give them their entitled 14 days then go go go for n1

[antpugh]

what is LBA? sorry!

[Michael Browne]

Letter Before Action

[antpugh]

ok thanks for that.

I have had no response from Lloyds after sending my LBA - its been over 3 weeks now. I sent the LBA to Lloyds TSB, Andover Service Recovery Centre, Charlton Place, Andover, Hampshire, SP10 1RE - do you think I should start legal proceedings or wait - it is not the same address that I have since seen on this forum, although it was the address that initally wrote to me saying that they would not give me any money back?

Thanks for the help guys, really appreciate it.

[BARTY]

Hi

You need to start your Court claim.

Have a read of these links to help you with your claim:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html POINT 6

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Barty:)

[antpugh]

Hi again - I'm back with more questions! I have slightly changed my plan and am filling in the N1 claim form due to reading somewhere that there are less restrictions this way in including the breakdown of all the charges I received.

 

I have just started filling this out using the guide on this site "4. Particulars of claim - N1 - hard copy version" and am struggling with the 'Value' section.

 

It states I need to include:

 

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.

 

Both my claims (Lloyds and Cahoot) are against unfair bank charges and not credit cards. I have a few questions which hopefully you can help me with.

 

Why is it called 'overdraft interest' - my charges total £705.00 and interest calculated at £145.96 - is this the 'overdraft interest'?

 

What is the difference between 'Overdraft Interest' and 'Interest under s.69 County Courts Act 1984'?

 

Also, how do I know what the Court Fee will be?

 

This is all so confusing and such hard work - any help would be greatly appreciated - thanks.

 

How do I know what the

[Michael Browne]

There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the general overdraft interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters and in the value section on the N1

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

 

Fees are here:

County Court Fees

[antpugh]

thnaks thats really helpful

[antpugh]

Any chance you're still there Michael?

 

One more thing - it also asks for 'c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]'

What is the date the money became owed to me and how do I know the daily rate of interest?

Thanks again, really appreciate the help.

[Michael Browne]

1. Date of your first charge

 

2. Daily rate is just your charges (+OD interest if claimed, but NOT s69 8%) x 0.00022

 

eg £495 x 0.00022= £0.11p

[antpugh]

I have also read somewheere that Lloyds TSB have slightly different wording on their penalty charges - in that they do not call them penalty charges - therefore with Lloyds TSB, is the phrase in the 'Brief Details' section applicable? - Money claim for return of penalty charges applied to the Claimants bank account by the Defendant.

 

Thanks again

[Michael Browne]

I have also read somewheere that Lloyds TSB have slightly different wording on their penalty charges - in that they do not call them penalty charges

They can call them whatever they like - they're still penalty charges, so that's what you should call them

[antpugh]

thanks - also, do I need to fill in the Statement of Truth section?

[Michael Browne]

Yes, otherwise the claim will not be issued.

[antpugh]

OK, thanks so much for all your help - I think I'm just about ready to send it all in!! EEEK!!!

 

[antpugh]

Sorry one more thing - the Particulars guide on this site says to print 3 forms off, one for the court, one for the defendant and one for yourself. Do I post a copy to the bank too?? Or post 2 copies to the Court for them to forward the copy to the bank?

 

Cheers (yet again!)

[BARTY]

Hi

Give all 3 copies to the Court, they will give you one and send one to the bank.

Barty:)

[antpugh]

I am just about ready to send both my sets of N1 forms to the court (both against Lloyds TSB and Cahoot) and wandered if it is sensible to send a covering letter?

 

I have filled out the forms in the same way (ie. Lloyds and Cahoot) - is that ok?

 

Cheers to anyone who can help.