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    • We have finally managed to obtain the transcript of this case.

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I'm going the Financial Ombudsman route


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I have used the ombudsman just like Honey2 but my claim was a lot smaller. You have to originally make your complaint to the bank in question first and when you get there final responce not to your satisfaction then you can get the ombudsman involved. Complaint froms can be filled in on line if you go to their web site and then you down load and send off or you can call them and start the claim over the phone they will give you a reference number but the form still needs to be filled in.

 

The only problem when using the ombudsman especially on as yours is for a large amount not sure if you will lose out on the amount of interest you can claim back. I did get interest with mine as I did originally ask for it but since reading others you aren't supossed to add interest unless it goes to court you will need to ask for someones help on that issue. For your claim this could be a considerable amount of money to lose.

 

Hope this has been helpful....

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i'm quite surprised you can claim interest via the FOS.

 

I've made a complaint to them with interest added on, so we'll what happens.

 

My claims against Lloyds and for approx £2.5K.

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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That is very interesting that the FOS told you to add it because I don't think the banks have to pay the interest when settleing claims through the FOS maybe someone else will know that, but going to court will guarantee interest payments being paid and on £2,5 I would imagine would be a lot of money.

 

Hopefully someone will know the answer?

 

I have been paid and so as Honey2 interest using the ombudsman has anyone been refused the interest when using the ombudsman?

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It is possible to get interest through the FOS, no matter what the size of the claim. A number of people have received both actual interest incurred due to charges and statutory interest at 8% as given by the courts.

 

The thing is, you only get what you ask for - persistently. As the Ombudsman tends to send in claims in bulk the Banks will usually just calculate 6 years worth of charges on their own and offer that. If your original claim includes interest you can reject that through the Ombudsman an ask for the interest on top. Until now Banks have paid up.

 

Cheers.

 

Muggyno1

LTSB £9,356 settled in full through the FOS

**

SIGN the petition to make banks deal with charges

**

**

COMPLAIN to your MP about the FSA waiver and the ANTI-CONSUMER way in which the OFT

Test Case is being handled.

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Thank you for explaining about the interest. However in your second paragraph you mention if interest has already been added to the claim when its passed to ombudsman you can reject it and ask interest to be added on top what difference does this make - sorry I'm not financial literate.

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Thanks for the info.

 

In all honesty I'm really not that bothered about interest. I'd prefer to just get back my money and put the whole sorry affair behind me.

During our darkest years financially Lloyds were our nemesis rather than being anything like the financial service they claim to be. So getting our money back from then would be compensation enough.

 

My only wish is for a bank that is human and decent in the way it conducts business that we could move to :(

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My only wish is for a bank that is human and decent in the way it conducts business that we could move to :sad:

 

To watch their adverts you'd think the all were..Yeah right!

 

Some are born to humanity, some aspire to it, perhaps our actions may even thrust humanity upon them. :p

 

Like I've said before, I'm an incurable optimist :D

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The thing is, you only get what you ask for - persistently. As the Ombudsman tends to send in claims in bulk the Banks will usually just calculate 6 years worth of charges on their own and offer that. If your original claim includes interest you can reject that through the Ombudsman an ask for the interest on top. Until now Banks have paid up.

Sorry folks, I typed the paragraph above in my last posting and its a bit open to interpretation to say the least! Doh! What I meant was that you can reject the bank's offer if it does not include interest. In fact, you can reject any offer the bank makes if it is less than you are claiming.

Muggy

LTSB £9,356 settled in full through the FOS

**

SIGN the petition to make banks deal with charges

**

**

COMPLAIN to your MP about the FSA waiver and the ANTI-CONSUMER way in which the OFT

Test Case is being handled.

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Not sure there is a bank out there like that LOL but good luck in reclaiming your money.

 

They certainly used to be!

 

In 1995 we knew our Account manager by her first name. We could ring her DIRECT, and she could help, and did.

 

The banks mustve all woke up and realised they have all the power, and we're all mugs ;)

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I've had my 2nd letter from the FOS yesterday.

 

"...The bank have told (us) 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 (your) claim in full; or
  • provide me with the information I believe I shall need to reach a conclusion on the merits of (your) 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 (your) claim ..."

 

 

Made the complaint to them only about 2 weeks ago so seems to be moving quickly.

 

The amount i'm claiming for/advised the FOS includes 8% interest so we'll see what happens.

 

MadMaxCTR:cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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As soon as Lloyds are asked for that information from the FOS they will settle took me 8 weeks from when i complained to the FOS till the money was in my account, sounds like yours could be quicker good luck.

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  • 2 weeks later...
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.

 

Whew, made it by the skin of our teeth, received a letter from Lloyds via the FO yesterday offering full and final settlement of the whole amount but without the interest, and we signed acceptance! :lol:

 

Although I have read that any offers made by the banks up until yesterday are still valid, even if you haven't yet signed your acceptance.

Gracias a la vida - Thanks to life

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Thats great news glad it has worked out well for you. Your offer couldn't have been timed any better. Well done.

 

I'm feeling a bit disillusioned about it all now I suppose I should be grateful I also just received an offer from my bank it wasn't for the full amount I wasn't going to except it but don't think I have much choice now!!!

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I wasn't going to except it but don't think I have much choice now!!!

 

Thanks Lizzy, yes that was right down to the wire! Re your settlement, I would accept it for now, but we crossed out the bit where it said "full and final settlement", and wrote "without prejudice" in it's place, so that we can try for the rest later, depending on the outcome of the Case.

 

Hope we haven't made a mistake by doing that! Will phone the FO first thing Monday to find out, and will post right back here as soon as I find out.

Gracias a la vida - Thanks to life

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Yes your right probably right the best thing will be to accept however in my offer letter it states "This is with the cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill in full and final settlement". If I do the same as you and and put without predjudice not sure they will accept these terms as they are in the driving seat now.

 

What do you think?

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I agree, strange how the power can shift from us to them overnight :o

 

I will definitely post a reply here from the Ombudsman on Monday, will ask if the agreement is still valid if we signed "without prejudice", if you want to hold on 'til then (with the postal strikes, who know when mail will be delivered?). At least you have your offer, they have to abide by it whatever happens.

Gracias a la vida - Thanks to life

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If had some good luck the from the FOS as well.

 

I called them yesterdat following this test case malarky to see about my claiming being frozen. Anyway the FOS wrote to me on the 25/07 (wed) with a full and final offer from Lloyds inc interest (this is ontop of the £750 GOGW). Lloyds & the FOS have both confirmed that any offers already made will stand.

 

Just got that in time. phew. 8)

 

Donation to follow, once i get the money.

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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If I do the same as you and and put without predjudice not sure they will accept these terms as they are in the driving seat now.

 

DON'T AMEND THE ACCEPTANCE FORM! That's the message I received from the FO this morning. Just sign, date and return to them, otherwise it's not acceptable!

 

REPEAT ... DON'T AMEND THE ACCEPTANCE FORM !! :o :o :o

 

They are kindly re-sending my form to sign without alterations, phew.

Gracias a la vida - Thanks to life

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Thanks for that new information I had a feeling there might be a problem changing the acceptance terms as they seem to be in the driving seat at the moment. I hadn't altered my offer form was waiting to hear from you first. This site has made life a bit easier I would have been completely lost if we hadn't spoken. So it looks like we will have to accept the offer knowing we will not be able to pursue them again they are so crafty.

 

I'm sure the banks were well aware of what was going to happen probably why some of them have been dragging there heals. Will send my acceptance form off and let you know what happens..

 

Good luck with yours

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Good luck to you too.

 

It must be a difficult decision for those who've only been offered a token amount, like £750, when they are owned thousands. Whether to accept the small offer, or hold out on the offchance of a bigger settlement in a year or so? It's a real gamble.

Gracias a la vida - Thanks to life

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