Mrs Bwdski v Lloyds TSB

[bwdski]

Hi guys...

 

Well the Mrs decided that she wanted her money back from Lloyds TSB.

So far we've sent the letter asking for statements for the past 6 years.

Didn't receive the statements but a list of charges (on the 38th day) and a letter saying:

 

I refer to your request for copies of statements on your account to enable you to reconcile your bank charges. Please find enclosed details of charges going back to the date you opened your account, or 1st September 2001, whichever date is most recent.

If there are no charges for a certain period then charging details will not be included.

 

You may now wish to proceed with your claim for reimbursement of charges but, if you do feel you need further statements. this will take longer to access our archived data. Please let me know by returning this letter in the attached pre-paid envelope and I will order them for you.

 

Under the terms of the Data Protection Act, we are allowed up to 40 days to fulfil your request.

 

The fee of £10 for this sevice has been taken accordingly.

 

Yours sincerely

 

~

 

Copy Statement Unit

 

The "signature" actually does look like that

 

Got a few questions about this.

 

At first I thought they were being helpful by supplying the charges and not the statements but, having read through this site, I've come to the conclusion that I might need the actual statements when we go to court.

 

Anyhow, we've sent the Request for repayment letter off today by recorded delivery giving them 14 days to reply.

 

My questions are:-

 

• Is this a delay tactic to gain a further 40 days?
  
• Do we have to pay a further £10 to get the actual statements?
  
• If we ask for the actual statements will the request for repayment of charges we sent today still be valid?
  
• Would it be best to ignore the envelope the supplied and sent it recorded delivery?

Sorry if this is a bit long winded and the questions are stupid ones.

Just want to make sure we get every base covered and are fully prepared when we have our day in court.

 

Trying to get hold of the T&C for September 2001 too if anyone can help.

[bwdski]

Just to add that we've sent off the Request for Repayment of Charges today by recorded Delivery and only asking for amount they've charged (approx £3,000) and not including the 8% ...

Was this a wise move?

Thinking of asking for the 8% interest in the letter before action

 

Thanks guys

[BARTY]

Hi

If you have internet banking you can print the statements off there if you need to.

You don't put the 8% interest on until you file your Court claim, so don't put it on the LBA.

Good luck, let us know how you get on.

Barty:)

[bwdski]

Hi

If you have internet banking you can print the statements off there if you need to.

You don't put the 8% interest on until you file your Court claim, so don't put it on the LBA.

Good luck, let us know how you get on.

Barty:)

 

Thanks BARTY for your reply.

Does that mean that I need the statements then?

 

Any help is gratefully appreciated

[BARTY]

Hi

You may need them for the Court Bundle later down the line, but I'm not sure whether you would be able to use the list of charges they sent you instead. Anyone know whether you could use this in the bundle rather then statements??

Barty:)

[bwdski]

Hi

You may need them for the Court Bundle later down the line, but I'm not sure whether you would be able to use the list of charges they sent you instead. Anyone know whether you could use this in the bundle rather then statements??

Barty:)

 

Thanks BARTY, trying to sort the court bundle out ASAP really, so that there's no rush later on and we forget something. We've gone over a lot of the charges (claimed & unclaimed) with a neon highlighter - does it matter?

 

When I reclaimed my own charges I didn't bother doing this - but don't want to mess it up for the Mrs

[bwdski]

In addition to the questions raised above:

• Is this a delay tactic to gain a further 40 days?
  
• Do we have to pay a further £10 to get the actual statements?
  
• If we ask for the actual statements will the request for repayment of charges we sent today still be valid?
  
• Would it be best to ignore the envelope the supplied and sent it recorded delivery?

Would it be an idea to also ask for the Terms & Conditions for 2001 when the account was opened?

 

Thanks for your advice guys

[remus]

bwdski, if you paid £10 for copy statements, this is what they should of sent you.

They may be trying to make life easier for themselves, but that is not your problem.

As Barty has said if you have internet banking, you can get your statements going back the six years.

If you don't have IB, go into your branch and sign up for it, it will be quicker than waiting a further 40 days:eek: .

As you have used their charges list IF they offer you payment, you can accept this with the understanding that you will put in another claim for any outstanding charges, so you are covered (do not worry)

Use their envelope, and pay the difference for recorded delivery.

Hilighting does not matter, just a bit unsure about "We've gone over a lot of the charges (claimed & unclaimed)" what charges have you hilighted and unclaimed?

Yes ask for the terms and conditions, if this gets to court, it is now playing a part in your claim.

As you are at the start of your other halfs claim, it is early days, so keep asking the questions, and I'm sure we will get there.

Hope I have been of help:)

Happy claiming:D

read read and read some:p more

[bwdski]

bwdski, if you paid £10 for copy statements, this is what they should of sent you.

They may be trying to make life easier for themselves, but that is not your problem.

As Barty has said if you have internet banking, you can get your statements going back the six years.

If you don't have IB, go into your branch and sign up for it, it will be quicker than waiting a further 40 days:eek: .

As you have used their charges list IF they offer you payment, you can accept this with the understanding that you will put in another claim for any outstanding charges, so you are covered (do not worry)

Use their envelope, and pay the difference for recorded delivery.

Hilighting does not matter, just a bit unsure about "We've gone over a lot of the charges (claimed & unclaimed)" what charges have you hilighted and unclaimed?

Yes ask for the terms and conditions, if this gets to court, it is now playing a part in your claim.

As you are at the start of your other halfs claim, it is early days, so keep asking the questions, and I'm sure we will get there.

Hope I have been of help

Happy claiming

read read and read some more

 

Remus, thanks for an excellent reply, we asked for

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

I used the template letter from here to start the claim.

I'm a bit concerened, after reading the letter back, that the letter includes...

and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

thought this fee was not reclaimable?

 

Don't have Internet Banking, but will look into getting this.

We've just sent off the letter requesting repayment of charges... so still in the early stages.

 

Good advice about reading, reading, reading....

Got information coming out of my ears... bit overwhelmed

[remus]

Hi bwdski, I might be wrong, but to my mind a complete list of transactions and charges = statement, just in a different form.

As you are in the early stages, I would go for IB, so you can print off your statements with charges on (that's all you will need) for court, so the Judge does not get confused by seeing something different:confused: and to put your mind at rest:)

Again that's if you get to that point.

 

 

"if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them" (bit before the £10).

Basically saying if you have to make a claim you will claim all charges and fee's that you incur.

So Bank get your Act together and give me my money back;)

It is overwhelming, but with the reading, pennies start dropping:cool:

Good luck:D

[bwdski]

Hi bwdski, I might be wrong, but to my mind a complete list of transactions and charges = statement, just in a different form.

As you are in the early stages, I would go for IB, so you can print off your statements with charges on (that's all you will need) for court, so the Judge does not get confused by seeing something different:confused: and to put your mind at rest:)

Again that's if you get to that point.

 

 

"if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them" (bit before the £10).

Basically saying if you have to make a claim you will claim all charges and fee's that you incur.

So Bank get your Act together and give me my money back;)

It is overwhelming, but with the reading, pennies start dropping:cool:

Good luck:D

 

Thanks Remus.

Your advice and guidance is a great help to me.

Nice to know that there are people out there willing to help others.

The Mrs is away for a week in Spain - so will have to wait till she's back to get the online banking sorted.

Still, a week is less than 40 days.

 

I can get the statements for the last six years online... that's cool, don't get that with my Online Banking Account

[mattyb13]

Hi I just have a list of charges from the bank and I have used this in my bundle. As far as I know if that is the information that the bank has supplied you with then this is acceptable.

[bwdski]

Hi I just have a list of charges from the bank and I have used this in my bundle. As far as I know if that is the information that the bank has supplied you with then this is acceptable.

 

Thanks mattyb13. Good to know these things.

You don't have a copy of the Terms & Conditions for September 2001 do you by any chance?

[remus]

thanks mattyb13, see you learn something new all the time:p

[bwdski]

thanks mattyb13, see you learn something new all the time:p

 

It's sometimes hard to know which advice to take as there are lots of conflicting views out there...

 

I'm sure we'll get there in the end

[mattyb13]

I know what you mean. I also asked the question about the list of charges because that what I received and I was told that it was fine.

 

Also if you sent the SAR from the template library this is the 1st paragraph

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

You are basically asking for a list but a set of statements is acceptable

[bwdski]

Cheers Matty,

I'm just thinking ahead to when it comes to making the court bundle.

 

Would any of you good people write to the Bank asking for the statements and T&C's (for 2001)???

 

Would it look better in the court bundle?

Would it look better to the judge to show that you'd made every effort possible to get the required information?

 

I'm just thinking, I've sent the Request for Repayment letter last Friday.

If I send a reply to the letter they sent, would that nullify my request for repayment deadline of 14 days?

 

Really confused to be honest, and need to get it done ASAP really.

[ukaviator]

Hi Bwdski

 

I just answered your other thread.

 

Uk

[bwdski]

Hi Bwdski

 

I just answered your other thread.

 

Uk

 

Cheers mate

[bwdski]

Thinking of writting to LTSB in reply to their letter (which is in the first post)

 

Thank you for your letter dated xx/xx/xxxx

Your offer of supplying the statements for the dates I requested is much appreciated.

I would like to take up your offer of supplying me with these statments.

 

I would also like a copy of the Terms & Conditions which were in effect when I opened the account.

 

I understand in accordance with the rules set out in the Data Protection Act, that you have 40 days in which to supply these. However, the time frame in my request for repayment of charges letter, which I sent to you on xx/xx/xx still remains. You have xx days to respond to that letter from xx/xx/xx.

 

Yours

 

 

xxxxxxxxxxxx

 

Does this letter seem OK?

If there's anything that you can see as being a problem, can you point it out please.

Any amendments or additions I need to make?

 

All help is greatly appreciated

[remus]

bwdski, "I'm just thinking, I've sent the Request for Repayment letter last Friday.

If I send a reply to the letter they sent, would that nullify my request for repayment deadline of 14 days?

It should make no difference, as all you are requesting is confirmation in the statements.

I'm not sure on the 40 days still being in force or if their reply is stating, as they have to archive the info, this in itself could allow them 40 days again.

The one thing I have learned from this site is that you cannot hurry things along, as you have to be seen by the Judge, as giving LTSB the correct time frame to try and resolve your claim.

I started back in march, court date 25th July, and my bundle will include every letter and time scale complete.

Defo ask for the T/C's and statements.

Hope the Mrs is enjoying her hol in Spain:)

[bwdski]

bwdski, "I'm just thinking, I've sent the Request for Repayment letter last Friday.

If I send a reply to the letter they sent, would that nullify my request for repayment deadline of 14 days?

It should make no difference, as all you are requesting is confirmation in the statements.

I'm not sure on the 40 days still being in force or if their reply is stating, as they have to archive the info, this in itself could allow them 40 days again.

The one thing I have learned from this site is that you cannot hurry things along, as you have to be seen by the Judge, as giving LTSB the correct time frame to try and resolve your claim.

I started back in march, court date 25th July, and my bundle will include every letter and time scale complete.

Defo ask for the T/C's and statements.

Hope the Mrs is enjoying her hol in Spain:)

 

Cheers remus!

She is very much enjoying herself.... nice and hot she says... cow

 

I'll get that letter sent off tomorrow.

I'll not include anything about the time scale.

 

This site is one of the best I've found for friendly, helpful people.

Thanks guys for this

[bwdski]

Sent off a letter today asking for complete statements and T&C's for the time when the account was opened.

 

Sent Recorded (as always)

 

Fingers crossed

[bwdski]

have had This Letter from Lloyds TSB yesterday.

 

I'm at a loss as to what this letter is in reply to....

We've sent the S.A.R. and got the letter in Post 1 of this thread in return.

 

We then sent the letter requesting repayment of charges which we got from the templates here, giving them 14 days to reply.

 

On the 21st I sent a letter similar to this one:

Thank you for your letter dated xx/xx/xxxx

Your offer of supplying the statements for the dates I requested is much appreciated.

I would like to take up your offer of supplying me with these statments.

 

I would also like a copy of the Terms & Conditions which were in effect when I opened the account.

 

I understand in accordance with the rules set out in the Data Protection Act, that you have 40 days in which to supply these. However, the time frame in my request for repayment of charges letter, which I sent to you on xx/xx/xx still remains. You have xx days to respond to that letter from xx/xx/xx.

 

Yours

 

 

xxxxxxxxxxxx

 

The letter we received yesterday doesn't make any sense whatsoever to me... can anyone enlighten me please....

 

and what is my next move?

[bwdski]

Anyone?