Jump to content


  • Tweets

  • Posts

    • It's solved Laura.  It's in the paragraph I've highlighted here in the attachment from the IAS. Plus look at page 28 of the PDF of Bank's WS.  There is written - 157 IPS 29/04/2022 12:52 29/04/2022 14:52 YE60PZA 158 IPS 29/04/2022 12:51 29/04/2022 14:51 YE60PZA - there are the two payments. One is for the elderly woman's car. One is for your son's, but with the wrong registration. When I get a second this evening I'll add the exhibits to the WS and it will be finished. IAS adjudicator's report.pdf
    • Speeding "tickets" are not like parking tickets. They cannot be appealed.  No you won't get one of them cancelled. They were two days apart and so will be treated as separate offences. If your speed was 53mph or below you will be offered a course for one of them (cost of about £100 but no points). For the other you will be offered a fixed penalty (£100 and three points). If you want to decline either of those offers the alternative is prosecution in court, where the financial penalty will be considerably higher. Make sure you respond to the "requests for driver's details" within the 28 days allowed. Failure to do so will see you commit a more serious offence which carries a hefty fine, six points, and an endorsement code which will see your insurance premiums double. Also make sure you submit your driving licence details if you accept a fixed penalty.
    • So if I've understood correctly, you had a meeting with a company who employ PPM to manage their car park, but PPM gave you a ticket and the company refuse to get it cancelled.  Eh???!!! You are being somewhat secretive with the details and it would help us to give correct advice if you would be crystal clear about the story.  Who did you have the meeting with?  What is their address?  Why do you think it was them who called in PPM?  Were you informed about the matter of the permit by this company?  Etc.
    • What a disgraceful shirking of responsibility.  Par for the course though I'm afraid with Iceland. You could get nasty and send them a version of the below (you know the local area so change what needs to be changed). Unfortunately the people who are replying are having to comply with the company policy which is being foisted on them - which is not to cancel tickets. But you might as well send the mail and try.   Dear Cissy, thank you for today's mail. Of course you are "able" to cancel the charge, you simply contact Excel and tell them to cancel the charge. I will wait for exactly 24 hours and then contact the local newspaper XXXXX and the local radio station XXXXX about Iceland's disgraceful disability discrimination.  Nothing much happens in Gravesend so I'm sure both will be happy to do a piece which will generate terrible publicity for your store and drive away customers, which is exactly what you deserve. Yours, XXXXX 
    • You are absolutely right to be cautious. It would be helpful if you will be prepared to send me a private message containing details of the outlet and the address et cetera. It might help me to get things more into perspective. So I understand that you had a business selling your husband's photographs. You were unable to continue your direct involvement and so you made an arrangement with a manager who you trusted to carry on the business for you while you were recovering elsewhere in the country. Is this correct? This manager has possession of all the files of your husband's photographs. Is this correct? Do you have any copies of the files? You made a reference to having a Co-op. Does that mean that you are running a Co-op supermarket or groceries outlet? I don't quite understand here. In terms of the possibility of continuing the arrangement with this manager – my own view is that you need to bring the arrangement to an end and I don't see how you could trust them. As far as I can see you are asking about two issues. Making sure that the files in the manager's position are destroyed so that you regain control of the photographs. Obtaining some damages for the loss of revenue. How many photographs do you believe are in his possession? What you estimate is your loss of revenue so far – probably calculated on your average revenue over, say, the five years before you stopped your involvement in the business? You are talking here not only about a breach of contract. You are talking also about breach of copyright and frankly you're also talking about deliberate copyright infringement – which is a criminal offence. Also fraud. Additionally, if you begin the dispute with this person, I would say that they will probably leave immediately. Have you got somebody else to run the business or would that be the moment that the whole thing collapses? If it is the latter, then this is something else that you need to prepare – somebody to take over as seamlessly as possible   Also, do you know the address of this person – and do they own their own home or any other assets?  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

butwhy vs Lloyds TSB


butwhy
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5922 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

So i have compiled my two claims, one for my gold visa credit card account which is now closed, but i'm still clearing the debt (uni mess up) and the 2nd claim for my current account, mostly made up of unpaid DD charges and overdraft excess fees.

 

I have sent my preliminary letter for both of these and received ONE response letter which amongst other things says the following:

 

The Office of Fair trading has published new guidlines on credit card default charges. We're still talking it through with them, but the important point is that the guidelines are about 'default' charges that people pay when they break an agreement with us. This doesn't apply to your charges as these were for dealing with your request to fo over your agreed overdraft limit. They are not default charges because you haven't broken your agreement They are our prices for the service we provide in these situations.

 

That's gone and confused me!

 

Do I still have a valid claim and therefore, can I still follow through with my LBA?

 

Also, both my schedules do not include the interest charges, but in each case, what type of interest can I actually claim, if any?

 

Any help would be much appreciated as I am still unsure about the whole process.

 

Thanks in advance!!

LLoyds TSB: £954.09 Sent LBA, refused to refund.

Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!

 

Mis-sold PPI. Current figure is £814 including 8% interest.

 

BarclayCard: £306.12 - SETTLED IN FULL VIA FOS!

Abbey: £52 - No response yet. Sent LBA

NatWest: £30 - SETTLED IN FULL!

Link to post
Share on other sites

Quote:

The Office of Fair trading has published new guidlines on credit card default charges. We're still talking it through with them, but the important point is that the guidelines are about 'default' charges that people pay when they break an agreement with us. This doesn't apply to your charges as these were for dealing with your request to fo over your agreed overdraft limit. They are not default charges because you haven't broken your agreement They are our prices for the service we provide in these situations.

 

Waffle. Waffle, and more Waffle. It is merely the bank trying to muddy the waters, to frighten you off and intimidate you.

 

Carry on with your claim as though you never received it.

 

You are entitled to claim back the interest that the bank charged you on the unlawful penalty charges.

It can be a pig to calculate. Some people don't bother. If you want to claim it then you will need to download the advanced spreadsheet template........Click on the link....

 

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

 

When you submit the MCOL or N.1 form, you can also include the statutary interest of 8% under S.69.

 

Regards, Rooster.

  • Haha 1

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

ok so I sent my prelim letter to Lloyds for my credit card account on 2nd June and then followed up with an LBA on 20th June.

 

However, I have received a letter in the meantime dated 19th June with some blurb about the OFT's recommendations (including this):

 

We believe our charging policy is fair. The OFTs statement is their view of the principles they think credit card issuers should follow. Ultimately,m it is only a court that can decide whether a term is unfair in illegal terms.

 

As you will know, the OFT recommended that these charges be cut to £12 an we have made a commercial decision to do this with effect from 29th June 2006, even though we do not agree with the OFT's interpretation of the law.

 

The OFT made no recommendation about previous charges and we do not plan to make any alterations to charges we made in the past. As a result we are not in a position to offer you a refund.

 

So, where do I stand?

 

What do I do now? As the most recent letter from them is dated a day before I sent my LBA, so there appears to be a crossover.

 

Do I take this as the response to the LBA or wait until the 14 days are up to start court proceedings?

LLoyds TSB: £954.09 Sent LBA, refused to refund.

Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!

 

Mis-sold PPI. Current figure is £814 including 8% interest.

 

BarclayCard: £306.12 - SETTLED IN FULL VIA FOS!

Abbey: £52 - No response yet. Sent LBA

NatWest: £30 - SETTLED IN FULL!

Link to post
Share on other sites

great, thanks!

LLoyds TSB: £954.09 Sent LBA, refused to refund.

Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!

 

Mis-sold PPI. Current figure is £814 including 8% interest.

 

BarclayCard: £306.12 - SETTLED IN FULL VIA FOS!

Abbey: £52 - No response yet. Sent LBA

NatWest: £30 - SETTLED IN FULL!

Link to post
Share on other sites

  • 3 months later...

Hi All,

 

I have a small problem.

I began the whole claims process and sent a LBA. got up to the stage where I was supposed to file a court claim but had a few health problems so was not able to follow through on this stage

 

I am now ready to pick this claim up again but don't know where I stand with the process?

 

Where do i pick up from? Do i have to start the whole claims process all over again or just resume from where i left off?

 

Also it was recently brought to my attention that I was paying PPI for my credit card whilst I was a student, which was mis-sold to me!

 

So on top of the £392 (minus interest) that they owe to me I am also now due back the PPI aswell

 

I am feeling a bit overwhelmed with all of this, so any suggestions about where to start?!

LLoyds TSB: £954.09 Sent LBA, refused to refund.

Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!

 

Mis-sold PPI. Current figure is £814 including 8% interest.

 

BarclayCard: £306.12 - SETTLED IN FULL VIA FOS!

Abbey: £52 - No response yet. Sent LBA

NatWest: £30 - SETTLED IN FULL!

Link to post
Share on other sites

Hi, Butwhy,

 

I've had 2 successful claims against Lloyds TSB and am about to start another!

 

Both times, they refused to settle until I put in a County Court Claim, 1 through MCOL and one through my local court).

 

You need to bite the bullet and put in a claim asap. Unfortunately they do not respond to anything but direct court action - they really are the pits. They're still charging me an average of £60 - £80 a month and won't even consider discussing the charges.:mad:

 

At the moment the likelihood is that your claim will be stayed until after the OFT case, ( all MCOL claims are automatically stayed at the mo', by the way), but you will be able to claim the statutory 8% interest from the date of your claim, which will add up . . .

 

Look around for a template Particulars of Claim and 'interest calculator' to use in your claim - there's no point reinventing the wheel.

 

Oh, and have they added any more charges since your previous letters? If so - add these to your schedule of charges.

 

Cheers.

Link to post
Share on other sites

Hi Blossomandebony,

 

Thanks for that!

 

Sounds a bit daunting that I am gonna have to go through the court process! Was hoping to settle out of court. Just my luck that the bulk of my owed money is held with Lloyds!

 

But I'm still a bit confused, shall I just proceed with the court claim, where i left off from before or do i need to start the claim all over again?

 

I ask this because I will now be claiming for my PPI on my Lloyds credit card which I wasn't aware I was entitled to before. Luckily though, there have been no more charges because I am being extra careful with my finances. I will not give them another opportunity to make a fool of me!

 

Thanks

LLoyds TSB: £954.09 Sent LBA, refused to refund.

Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!

 

Mis-sold PPI. Current figure is £814 including 8% interest.

 

BarclayCard: £306.12 - SETTLED IN FULL VIA FOS!

Abbey: £52 - No response yet. Sent LBA

NatWest: £30 - SETTLED IN FULL!

Link to post
Share on other sites

Hi,

 

Don't start all over again - simply add any recent charges to the last schedule of charges you did.

 

1. Get an N1 form, (from local court or HMCS website or this site). Use a template from this site for the Particulars of Claim section, adapting it for your purposes.

 

2. Go to your local court with your N1 form and attach to it your schedule of charges. Pay the fee - the staff will do that for you. Ask the staff any further questions, they're usually helpful. That's it - your claim is in the legal system heading straight for Lloyds!

 

3. Personally I would also tell Lloydstsb by polite letter that you have put in a claim, quoting the claim number given to you by the court.

 

4. Now, in both of my previous cases Lloyds entered a defence, (utter rubbish), then proceeded to pay out within two weeks of the claim, claiming it as a goodwill gesture! In the present climate I'm not sure if they will pay out as swiftly but so what? Your claim is done and dusted and will not go AWAY! At some point in time any stay will be lifted and hey presto! they will pay out.

Link to post
Share on other sites

sounds good to me!!

 

That's my weekend planned out... and soon enough I should get a hefty (long needed) cheque in the post!

 

Thanks for your help, very much appreciated :)

LLoyds TSB: £954.09 Sent LBA, refused to refund.

Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!

 

Mis-sold PPI. Current figure is £814 including 8% interest.

 

BarclayCard: £306.12 - SETTLED IN FULL VIA FOS!

Abbey: £52 - No response yet. Sent LBA

NatWest: £30 - SETTLED IN FULL!

Link to post
Share on other sites

Butwhy,

 

Forgot to say - I claimed for both current account charges and Credit card charges in the same claim.

 

The issue of PPI I don't know much about, beside the fact that some people on this site are claiming for mis sold policies.

 

I would keep the PPI as a separate issue and stick them with your Bank/credit card refund first.:)

Link to post
Share on other sites

Agree with Barty, keep the credit card and current account separate the contracts and terms and conditions for these two types of account are different and therefore your POC's should be different.

 

Added bonus of this is you shouldn't get a stay on your credit card claim if you use the right POC's because the test case doesn't refer to this type of account.

 

pete

Link to post
Share on other sites

The advantages of combining your credit card claim with your account are as follows:

 

1. You will only have to pay one claim fee.

 

2. Lloydstsb will pay out the claim, (eventually).

 

3. Many courts are, (incorrectly), staying claims on credit cards anyway. Rather than have two stayed claims, you will only have one.

 

4. When a District Judge sees that there are two separate claims against the same defendant, he can say, "Okay, I will consolidate these two claims and send them to the Fast track court." This is one thing you don't want to happen because you can be liable for costs!!!

Link to post
Share on other sites

Link to post
Share on other sites

Hi, Barty,

 

The new POC are very good - I've just looked at them - but I wrote my own POC using various ideas, and making them more specific to my case. Doing the 'combined' claim has worked for me every time and is a cheaper method of claiming.

 

However, for someone who is about to do their first claim, it is good advice to go with a template POC. For those more experienced, or simply wanting to extend their knowledge, or with less funds (!), I would suggest considering a 'combined' claim.

 

My warning about the 'fast track' hearing comes from an experience I had last year.

 

I had put in a claim against Barclays regarding my current account, got a court date, then decided to claim from my Barclaycard.

 

Lo and behold, when the court received my second claim, the DJ, in his infinite wisdom, decided to 'consolidate' the two claims, vacate the first court date and set a date for the two claims to be heard as one, in the FAST TRACK court, 6 months later!!!

 

To say I was fuming is an understatement. I couldn't believe that a judge could do this, especially as the total amount for the two claims was under the £5000 barrier!!

 

Luckily for me Barclays caved in and paid up :) but it was worrying that my claims could be diverted in this way.

 

Cheers.

Link to post
Share on other sites

Thanks all, the information you have provided is definately going to be of good use when i re-start this claim.

 

Hoping to get this done asap, just need to work out all the extra money they now owe me! Plus the PPI charges.

 

Seems very unfair that a judge would combine the two claims since they fall under different categories.

 

Its almost as though they are taking the bank's side!!

LLoyds TSB: £954.09 Sent LBA, refused to refund.

Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!

 

Mis-sold PPI. Current figure is £814 including 8% interest.

 

BarclayCard: £306.12 - SETTLED IN FULL VIA FOS!

Abbey: £52 - No response yet. Sent LBA

NatWest: £30 - SETTLED IN FULL!

Link to post
Share on other sites

  • 4 months later...

Hi All,

 

I have recently sent a complaint to the FOS about a mis-sold PPI and since I have had no response from Lloyds regarding my claim for bank charges and also credit card charges.

 

I want to pick up with the claim roughly where I left off but was not too sure about whether I can still do this?

 

Is there still a "stay" on any bank charge claims? Can i claim for the outstanding credit card charges?

 

My spreadsheets indicate that i am owed £488.87 for credit card charges and £1194,69 in bank charges including the 8% interest rate.

 

The 1st bank charge occurred in May 2002 so I am still JUST within the 6 year period and therefore really want to get this sorted before I lose out!

 

My last correspondence was an LBA in mid June 2007. I received a response basically telling my that they were rejecting my claim and should I wish to contact the FOS i could do so. At the time I had alot of other committments and so failed to follow through with the application to court or FOS.

 

So what are my options now? Do i need to warn them AGAIN and then wait 14days before filing a complaint with the FOS or court.

 

CAN I claim for bank charges or is this still on hold?

 

I truly believe the bank was not helpful at all when I incurred these charges and had they not penalised me in this way I would not be in debt now. So I am adamant to follow through!

£488.47

LLoyds TSB: £954.09 Sent LBA, refused to refund.

Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!

 

Mis-sold PPI. Current figure is £814 including 8% interest.

 

BarclayCard: £306.12 - SETTLED IN FULL VIA FOS!

Abbey: £52 - No response yet. Sent LBA

NatWest: £30 - SETTLED IN FULL!

Link to post
Share on other sites

Get your claim in for the bank charges and this will cover you under the 6 year rule - it will almost certainly be stayed though. The credit card charges should be issued under a separate claim and should not be stayed.

 

Keep us posted

Link to post
Share on other sites

Hi nicsussex,

 

When you say "Get your claim in" do you mean file a claim with the court or a complaint with the Financial Ombudsman?

 

Should I also be contacting the bank again to let them know I am taking action or just go ahead with it?

 

Would it be possible for me to achieve a full refund via the Ombudsman too, or should I only really consider the court route?

 

I only ask this because I have just filed a PPI complaint with the FOS and it seems like an easy enough process so can this also work for the credit card and bank charges claims?

LLoyds TSB: £954.09 Sent LBA, refused to refund.

Lloyds TSB Credit Card: £392 - THEY REFUSE TO CANCEL THE CHARGES!!

 

Mis-sold PPI. Current figure is £814 including 8% interest.

 

BarclayCard: £306.12 - SETTLED IN FULL VIA FOS!

Abbey: £52 - No response yet. Sent LBA

NatWest: £30 - SETTLED IN FULL!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...