Marnie257 v Lloyds TSB

[Marnie257]

Hi all. I am at the stage now where despite threatening court action, LloydsTSB have ignored my letters. I sent the original letter on 26 March, which I received the standard letter stating that their charges were right. I sent another on 11 April repeating my request for reimbursment of £5.037. I gave them 14 days to reply. Heard nothing. I sent my final letter on 30 April giving them 7 further days to respond or I would take them to court. Still nothing. Where do I go from here. I have been following the daily mails advice but find it a bit complicated on the going to court part. It states that I should add 8% interest plus costs. How do I work that out. Also if I claim just my £5000 back I can go to the small claims court but if I'm claiming interest on top of that does it mean I have to go to the next court. Many thanks Marnie

[Guest louis wu]

Marnie, you need to have a good look at these

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

it will differ from the daily mail, and if you are going to use CAG , its essential you know the processes and thinking behind it.

 

Also if I claim just my £5000 back I can go to the small claims court but if I'm claiming interest on top of that does it mean I have to go to the next court.

 

Not necessarily. The judge has the discretion to hear a claim of over £5000 in the small claims track. But the banks will not want to attend no matter what track it's allocated to.

 

It states that I should add 8% interest plus costs. How do I work that out.

 

There is a spreadsheet that works it out for you

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

 

Having given you the info, I cannot stress enough how important it is not to rush into the next stage. Please take a couple of weeks to look at this site, and the info it has. If you rush in now, you could make a big mistake which could be costly in both time and money, and will require a lot of help to sor out. If you have used MSE

 

Good luck

 

louis

[Marnie257]

Hi Louis

 

Many thanks for that. Have thought long and hard before even getting this far and am dreading the next step which I why I started the thread. I will look at all the information you have given me. It is much appreciated Marnie

[Missmarcy]

Louis is RIGHT, do your homework, take your time, be organised, plan carefully. I'm up to Court date with Lloyds TSB, but I started with getting my bank statements, LBA letters, Court Form, Allocation Questionnaire etc - All with the help & support on this site!!!

[Marnie257]

Many thanks have been away for a few days so apologise for not replying sooner

[andy.callen]

Hi,

 

Can I suggest that you also look at this site. MoneySavingExpert.com.

 

I have just issued a summons to reclaim charges from LLoyds, who's whole defense tactic is based on prevarication! I have been advised by a solicitor that one can claim up to £25k via the small claims system. It is all straight forward an can be done on-line ( Small Claims - HMCS Money Claim Online) Even if a defense is filed, which knowing the way Lloyds act, is likely, it is UNLIKELY that LLoyds will actually appear in court. Remember LLoyds cannot recover their costs in a small claims court.

[Guest louis wu]

andy, there are many things in which CAG and MSE are different. I think it would be unwise for a claimant to use both sites for advice/help during a claim.

 

The points you raised have long been discussed here, and strategies advised.

 

Remember LLoyds cannot recover their costs in a small claims court.

 

Please be careful when you give legal advise. Costs can be awarded in a county court, if the case is heard in either multi or fast tracks. Its only a small claims track that costs cannot be awarded. If you claimed £25000 in multi track, and lost, the costs against you could be considerable.

 

Louis

[andy.callen]

Hi Louis,

 

Surely the more information peeps have in their fight to recover unfair charges, the better? Moneysavingexpert.com has template letters for all occasions, which I found extremely useful.

 

Point taken I should have made it clear that I was talking about the small claims and not fast or multi track, in relation to costs!

 

Andy

[Guest louis wu]

andy,

 

dont get me wrong, I'm not saying its CAG or nothing.

 

But, there have been lots of examples where the two methods have proved incompatible. I also believe that this site has all the info required for a succesful claim. I am sure MSE members have the same opinion, but by your own admission in a previous post, you used to use MSE,

 

Thanks for the reply. I have been using the moneysavingexpert.com web site (until now!)

 

but now you use this one. Do you believe that MSE is better, if so, why join CAG?

 

There is a place for all methods, and any that gets a full refund is as good as another, but you must concede that there are differences, and its these differences that could cause confusion.

 

Louis

[andy.callen]

Louis,

 

I don't believe one site is necessarily better than another. One takes the information proffered and determines one's own view. I will continue to use both sites, which are different, in that MSE merely provides advice from a single source, while CAG provides discussion forums and statistics. Both of which are helpful.

 

The process of reclaiming is now well documented and not at all confusing. However, I agree that getting a refund for outrageous over charging by the banks is the primary objective. Wish me luck with Lloyds!

 

Andy

[andy.callen]

I have had advice from a solicitor that the max claim for small claims is £25k. This is correct in that, in another context I issued a claim for £20k, which was eventually settled without going to court.

 

My personal view is that you will get nothing from Lloyds TSB unless you do issue a claim.

 

I have already done so, via https://www.moneyclaim.gov.uk/csmco2/index.jsp.

 

Lloyds have stated they will file a defence but have 28 days to do so. I await the result.

 

As someone has suggested there is a spreadsheet on this site to calculate the interest but basically it is calculated by multiply the claim by 8% (for the year) and then dividing by 365 (days) to get the daily rate of interest. Multiply the daily amount of interest by the number of days the claim has been outstanding.

 

Please contact me if you require any further info. Good luck.

[MARTIN3030]

I have had advice from a solicitor that the max claim for small claims is £25k. This is correct in that, in another context I issued a claim for £20k, which was eventually settled without going to court.

 

My personal view is that you will get nothing from Lloyds TSB unless you do issue a claim.

 

I have already done so, via https://www.moneyclaim.gov.uk/csmco2/index.jsp.

 

Lloyds have stated they will file a defence but have 28 days to do so. I await the result.

 

As someone has suggested there is a spreadsheet on this site to calculate the interest but basically it is calculated by multiply the claim by 8% (for the year) and then dividing by 365 (days) to get the daily rate of interest. Multiply the daily amount of interest by the number of days the claim has been outstanding.

 

Please contact me if you require any further info. Good luck.

 

 

Where did you get told that 25K is ok in small claims ?

I am a little concerned at the suggestions.

Especially being as this is the welcome forums.

For clarification the ceiling for small claims in England is 5K

In exeptional cirumstances a County Court Judge has discretion to allow more but certainly would not allow 25K !

 

Now moved to Lloyds