Ready for the Next Battle!!!

[pieterclassens]

Having already started my Battle 2006 against Natwest I am now drawing up my plan of action against Llloyds. I have already written to them about £140 they have charged and made a pre-emptive strike regarding £105 they are due to take from me in July.

 

Anyways good luck to all of you with your own endeavours!!!

[pieterclassens]

Well I have received the bog standard letter stating they are sorry for my displeasure with the service. They will be investigating my complaint and will reply within 2 weeks with a response.

 

I await their next response with anticipation! Hmmmm..... wonder which of their pre-printed letters they will send this time? Sorry but our charges are fair. IOW "Go and take a flying leap!"

 

We will see what happens, keep everyone posted and get ready to start printing out the Letter Before Action draft.

 

As always everybody good luck with your own endeavours!!!

[pieterclassens]

Right ..... I am seriously confused!!! Having received a letter from Birmingham saying please allow us 14 days to investigate and we will get back to you, I have received another letter.

 

This letter is from Brighton (their collections department apparently!?!) and they are instructing me to pay the amount I am overdrawn immediately (the amount in question is purely bank charges nothing else!!!).

 

What the ****? Does the right hand know what the left hand is doing?

 

Also they are instructing me that they are levying charges to my account for "handling my account". Initially £25 and then £17.50 to follow with more charges the longer I refuse to pay up!!!

 

Anyone else had the same response from Lloyds TSB and what did you do? Any of the mods care to offer some professional advice?

 

Thanks peeps. Appreciate it!!!

[Michael Browne]

Ignore Birmingham, they're stalling. Send the LBA 14 days after the prelim. You can keep adding further charges right up to Moneyclaim.

 

Wite to Brighton and tell them the debt is in dispute and that you will be claiming any further charges they add

[pieterclassens]

Thanks Michael. I appreciate the advice. I have started to think about my LBA (counting down the days 22nd June). However which letter should I sent to the Brighton Collections Office?

 

Thanks again.

[Michael Browne]

There isn't a template letter for this. Just write informing them that the amount of overdraft is in dispute and that until matter is settled you will not be making any payments and you will claim any further charges they add. You could tell them to contact Birmingham if they want further confirmation

[pieterclassens]

OK so while thinking what I was going to write to Brighton, and waiting for the 14 days to elapse, I received another letter from Lloyds TSB Birmingham.

 

Basically the gist of the letter was .... "we dont agree with you" ..... "you are being charged for a service" .... yada yada yada ..... "we wont be refunding the charges" etc etc etc.

 

So what now? Should I still wait for the 14 days to pass or send the LBA letter now anyways?

 

Anyone have any ideas?

 

Not surprised but still angry.

[closey]

It is up to you. Some on this forum would say wait the 14 days, others would say Lloyds have refused, so go ahead. I personally didn't wait once they had made it clear they would not consider as that letter can be bought in front of a judge, so Lloyds couldn't say they weren't given reasonable time to consider.

[pieterclassens]

Right .... I have sent the LBA. Now its a waiting game, although having read other posts regarding Lloyds I am not counting on it bearing any fruit. So I guess I better start gearing up for MoneyClaim!!!

[pieterclassens]

Starting my MoneyClaim.

 

Anyone know what address to use for the Defendant?

And is the Defendant Lloyds TSB PLC?

 

Thanks!!!

[closey]

Some have used central office whilst others have used local branch. I don't think it matters too much, the result still seems to be the same (they acknowledge at the last minute, file a defence, you fill out allocation questionnaire, shortly afterwards they offer to settle with conditions, you accept the settlement but not conditions, they pay up!).

[pieterclassens]

Do you happen to know what the central office address is closey??? Many thanks for the speedy reply!!!

 

PS Is "Lloyds TSB Plc" the defendant? Stupid question I know just making sure!!!

[closey]

The address is:

 

Lloyds TSB, 125 Colmore Row, Birmingham B3 3SF.

 

Yep, Lloyds TSB are the defendant.

 

I personally used my local brnach address, but I really don't think it matters either way.

 

Good luck!

[pieterclassens]

I know I am being a pain in the ass!!! BUT .....

 

What did you put in the Particulars of Claim box? Theres not a lot of space!!!

 

Especially if I want to add the bit about reserving the right to interest etc etc

 

Your help is really appreciated!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

THANKS!!!!

[closey]

It's tricky as they don't give you much room, but here's what I put:

 

I have a contract with the defendant bank dated approx ****,and conducted on their standard t and c's.I claim return of money taken by the defendant in way of charges over last 6 years and interest they have levied on the charges. The banks charges are disproportionate penalty therefore unenforceable as they are contrary to common law. Further as a disproportionate penalty they are invalid under the Unfair (Contracts)Terms Act 1977 s.4 and under Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In event that charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have asked the bank to justify charges but they decline. Claim of £***. Claimant also claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from **/**/** to **/**/** of £***.**and interest at the same rate up to the date of judgment or earlier payment at daily rate of *.**.

 

Just fill in the blanks!

[pieterclassens]

Thanks Closey .... you are an absolute GEM!!!!!!!!

 

Thanks so very much!!!!

[closey]

No worries, you are more than welcome

[reload]

Damn, missed this one

 

So instead, I'll just post a "Good luck, and keep us informed! :D"

[pieterclassens]

Well as expected I have received a letter from Lloyds Customer Care Birmingham this morning saying basically "thanks for contacting us again but we have nothing to add. we outlined our view on the charges and this view stands!"

 

In other words "We aint giving your money back. Sod off!"

 

Well I guess its time for me to submit my claim through MoneyClaim. It's already online just need to log in and click submit.

 

I do have one question for the professionals or experienced amongst you. I have had a letter informing me of impending charges. Can I claim for charges not yet put on my account? Should I wait till after the charges are added and add them to my claim? Should I stick to the 14 days and make a claim and make another claim later (seems more hassle and expense). The date they are due to rob (I mean charge) me is 03 July.

 

Any thoughts anyone?

 

Thanks!!!!!!

[Janet-M]

You can add any charges to your claim up to submitting it , not ones that have not already been taken .You can either wait and add them before submitting or start the process again.I personally would wait but it has to be your choice.

If you wait do not forget to alter your scedule of charges to include these new charges.

[pieterclassens]

Right I am ready and raring to go ..... I will be submitting my claim later today and post the details for all to see. And of course I will keep everyone up to date as the outcome.

 

By the way, I was reading an article on MSN Money this morning which made me chuckle!!!!

 

They were talking about claiming back penalty charges and how to do it etc etc ...

and in one sentence they suggested when you right your letters to the bank you add the following line ... "be advised you have been charged £35 administration costs for this letter" ..... HAHAHAHA whats good for the goose???

 

Cheeky!!!!!

[closey]

Good luck...not that you'll need it. I'll come back to your thread from time to time and see how you're getting on.

[commando]

Hi Pieterclassens,

I had the same problem as you, LTSB informed me by statement that they would be taking £70 in charges 1/06 which was a few days before I could file moneyclaim. I waited so I could include it, but to my surprise it was never taken. Carry on regardless and good luck.

[sharemaster2]

Well, I got such a letter that they will take about £70 just before I filed in for money claim, what did I do?? I simply added all to my claim and filled it in. Lets see how my case goes on this. Maybe not that wise doing it that way but that is what I did. Afterall the banks have taken us all for a ride for all this years so a little premtive action against them will not break the BANK I guess.

 

Any input on this???

[lee6370]

I wouldn't have, once you get an offer, you can mention that there are other charges that have been added and inorder to avoid future claims they should refund these as well, chances are they will.

 

but having said that by the time they acknowledge and submit their defence you would have received the extra charges, so hard for them to complain.