I'm going the Financial Ombudsman route

[flowerofsarum]

The story so far ...

 

I am claiming on behalf of my daughter, who now lives in Spain. She is using my address as her service address (similar to Amber Ellie's case).

 

After supplying a list of charges, Lloyds haven't bothered to reply to any correspondence from us, especially a recorded LBA sent on 31st May (which, btw, hasn't yet been signed for, according to Royal Mail).

 

Because of the backlogs in court, claim registration fee etc, I have registered our case with the FO, posted the complaint form to my daughter for her signature, and will proceed when I receive it.

 

Have read many for-and-against threads re the FO, it will be interesting to see how speedily they react, and if they're any quicker than the courts. I found their adviser very helpful, they're reckoning on 2-3 months to get a final decision.

 

I am claiming for charges plus interest.

[bram stoker]

If the LBA hasn't been signed for, then you've no proof it was received. I would advise that you send another LBA.

 

Did your Letter Before Action state that you would be taking them to court? If so, why the change of mind?

 

Which interest are you claiming? The interest they charged you on the penalty charges? You can't claim section 69 interest without raising a court claim.

[flowerofsarum]

Thx vampiress, all advice is gratefully received, I don't want to make any mistakes!

 

I changed my mind, as quite frankly I don't have the £120 court filing charges at the moment. Also I find the court process quite daunting, especially when acting on someone else's behalf.

 

I used the interest calculator on the MSE website, not quite sure if that is admissable then. Please advise.

 

Royal Mail says I have to wait til Tuesday before sending off another letter, I have it all ready and prepared! By the time the second one is recorded I should have received my daughter's signed FO complaint form.

 

Thanks again for taking an interest, it was much easier last year when I claimed via MCOL and won against The Cooperative Bank, without the case even coming to court.

[bram stoker]

I used the interest calculator on the MSE website, not quite sure if that is admissable then. Please advise.

 

You can't claim section 69 interest without raising a court claim.

 

If you want more advice on interest please read the full guide in my Chambers. I've spent a lot of time detailing it.

 

May I ask why your daughter can't do this herself?

[flowerofsarum]

Thanks, will read guide.

 

My daughter has lived in Spain for the past 2 years, she's a new mum and also doesn't have the spare £120.

 

She is using my address as her service address, and as I have already been down the claim route, I am helping her with hers. Telephone calls from Spain can get very expensive, especially when you are so often put on hold. Thank goodness for Skype, I keep her informed and always get her opinion.

 

Also, the delay in sending letters from Spain, especially as so many of them are date-sensitive.

 

I have been following amber ellie's thread, getting lots of advice, as her case is quite similar.

[flowerofsarum]

Hi again vampiress,

 

sorry to sound thick, but what is section 69 interest

[bram stoker]

It is the interest you are allowed to request the judge add to your claim should you be successful. How to make a claim

[flowerofsarum]

Ah, now I've gottit!

 

Phew, looks like I need to do some more homework. Perhaps the fact that Lloyds hasn't received the LBA is a blessing in disguise! Everything happens for a reason.

 

Will amend the new letter accordingly.

[lizzy40]

I thought you might be interested to know what happeded to me as I used the Ombudsman.

 

After barclaycard had only offered a small percentage of what I was requesting I had turned this offer down and decided to use the FO service again like you I didn't have the funds to go to court.

 

I sent my complaint off to the Financial Ombudsman and they acknowledge this on the 6 June 2007 and said it will be passed to an administrator and they will let me know when this happens. I had also sent a letter to barclaycard letting them know I had done this on the 4 June 2007.

 

I was expecting a long drawn out process but yesterday 14 June 2007 I recieved a letter from Barclaycard acknowledging that the FO service had been informed and that they have decided to offer the full amount including interest. Not sure if the FO have contacted Barclaycard or not as it seems to soon. Anyway I very please of the out come.

[bram stoker]

Lizzy, are you saying you requested interest before raising a court claim? For anyone else reading, Section 69 interest CANNOT be added before you raise your claim in court.

 

Well done on your achievement Lizzy and good luck to Flowerofsarum.

[lizzy40]

Firstly my claim is very small compaired to most but the letter from barclaycard states including interest charges.

[flowerofsarum]

I was expecting a long drawn out process but yesterday 14 June 2007 I recieved a letter from Barclaycard acknowledging that the FO service had been informed and that they have decided to offer the full amount including interest. Not sure if the FO have contacted Barclaycard or not as it seems to soon. Anyway I very please of the out come.

Thank you, that is very encouraging news. Well done.

 

There are so many pros and cons on these threads re the FO, and it's good to hear something positive.

 

Thanks for the good wishes vampiress. Will keep posting as things develop.

[bram stoker]

Firstly my claim is very small compaired to most but the letter from barclaycard states including interest charges.

That's good then. So it wasn't the Section 69. Kool beanz as my daughter would say.

[flowerofsarum]

Filled in the complaint form downloaded from the FO site, and sent off on Monday.

 

This morning received acknowledgment from them ...

 

"Thank you for contacting us.

 

I am now passing this complaint to our casework administration area to await allocation to an investigation team ...

 

... One of my colleagues will write to you as soon as possible to keep you informed of how the complaint is progressing. ..."

 

So, the wheels are in motion. I couldn't take the stress of the Courts route, I admire you guys for doing it, good luck to you all.

[lizzy40]

That sounds just like the letter I received from the FOS. From the 7th day of receiving that letter I received a letter from Barclaycard offering full payment which I have accepted. I had a telephone call from the FOS to find out if I had received their offer which I had and they said this is one of the quickest reponses they have had, unfortunately I do not know the reason why. Although this is a happy ending I have since received a letter from Barclarycard stating they are going to reduce my credit limit. Thats life!

[flowerofsarum]

Good news that they settled your claim Lizzy40.

 

If the outcome of my daughter's case is as positive, perhaps more people will be encouraged to by-pass the courts.

 

It would be interesting to know on what grounds they refunded your money? i.e. was it a "goodwill gesture"? If so, as Martin Lewis says, why would they limit your credit if they're so full of this "goodwill"? :o

[lizzy40]

The letter didn't say anything about goodwill. Lets hope yours goes through smoothly. We don't need all this added pressure its very stressful, why don't they just refund the money in the first place getting the courts and the FOS involved seems such a waste of everybodies time and money. GOOD LUCK.

[flowerofsarum]

Received the usual £750 "take-it-or-leave-it" fob-off letter today.

 

Phoned my daughter in Spain, she told them to stick it. Sent rejection letter. It's already in the hands of the Ombudsman, so don't know why Lloyds even bothered to make the offer.

 

Still rubbing hands in glee, after the Hull victories!! Well done to all concerned.

[madmaxctr]

flowerofsarum,

 

I'll think you'll find that the £750 will be credited to your daughter bank account.

 

You can take it as an interim and send off one of the partial settlement rejection letters from the template library.

 

Keep us posted with the FOS complaint.

 

MadMaxCTR:cool:

[flowerofsarum]

She hasn't checked her account yet. But it's nice to know the FO are fighting her corner, received the followed letter from the FO this morning:-

 

"...The bank have told (daughter) that - in it's view - the charges it has made to their account were levied fairly in accordance with its tariff. It does not appear to have made an offer that fully meets what you have asked for. I have therefore written to the bank to invite it to:

• make an offer which meets (daughter's) claim in full; or
  
• provide me with the information I believe I shall need to reach a conclusion on the merits of (daughter's) claim.

"As you may know, in almost all the charges complaints we have considered, banks have made offers to meet the claim ... I will let you know as soon as Lloyds TSB Bank Plc tells me whether it is prepared to settle (daughter's) claim ..."

 

On the whole, I think this is the more stress-free way to go, hopefully with the same outcome as through the courts. Good luck to all who are claiming, life is looking good!

[lizzy40]

Hello again, It will be interesting to see what they say after the FOS send there responce. It is taking a little longer then mine using the FOS but your fingure is higher then what I was asking for. I feel optimistic that you will receive the amount you are requesting but wouldn't it be nice to have some inside information to why some financial companies pay out quicker then others. May be it is the amount in question who knows! And yes using the fOS is less stressful.Good luck and keep us posted...

[honey2]

Hi i complained to the FOS about Lloyds bank charges i got a full refund plus interest in 8 weeks the amount was £4554, i found them really helpful.

[lizzy40]

Thats fab - Just shows you it doesn't matter how much money the complaint is about once the ombudsman get involved they seem to pay up in the end. Lets hope Flowerofsarum gets a good result soon....

[mortuk2k]

Hi,

 

This makes very interesting reading. I originally started looking into claiming sometime ago, but we can rarely afford the court charges. We've just started the procedure again and LBA is in my hand to go today, we have money to go court route this time (claim is £3k+) but it's going to hurt us.

 

How do I go about making a claim through the FO instead? Any links to info gratefuly received.

 

And good luck with your case.

[madmaxctr]

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