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johnhill007

settled 12/07/07 -v- lloyds **WON** in full

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Hi Consumer Action Group!

 

2 questions if I may.

 

Q1

Lloyds suggested I have 2 accounts and I regulary get charged the following every month on both:

 

O/DRAFT INTEREST £ 54

O/DRAFT EXCESS FEE £ 90

ACCOUNT CHARGE £ 15

 

The £ 15 seems fair but am I right in thinking the others are just a rip-off? I so how much should I allow when I go back and add up what they should have charged?

 

Q2

Should I get another bank account before starting action (are Lloyds one of the banks that normally kicks you out when you Claim against them?)

 

Your advice would be greatly appreciated.


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

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You can claim back od excess fee and account charge.

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Great thank you. I have the 6 years to go back and wanted to get it right. Any thoughts on Q2 - would it be wise to start another account?


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

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It doesnt happen very often, but that said, it does sometimes. I would open another account just incase. Chances are you wont need it.

 

Usually this happens when you make a second claim against them or your account is over the overdraft limit.

 

Keep one step ahead.

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You can't claim back the account charge, nor the OD interest. The account charge is a genuine pre-agreed service fee.

 

OD excess is claimable though, as are all the other default type fee's such as; Unpaid DD/SO/cheque, OD usage, unauthorised borrowing, etc.

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Interestingly, I added up ALL my charges inc interest, acc fees and od, returned standing orders etc and eventually got all of them refunded ( just under £5000). I may have been wrong to do this, but the bank did not even bat an eyelid or challenge my total sum.

Not sure how to advise you on this !

Ref Another account, I would open one asap, as it is better to do this in case the worst happens.

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Interestingly, I added up ALL my charges inc interest, acc fees and od, returned standing orders etc and eventually got all of them refunded ( just under £5000). I may have been wrong to do this, but the bank did not even bat an eyelid or challenge my total sum.

Not sure how to advise you on this !

Ref Another account, I would open one asap, as it is better to do this in case the worst happens.

 

Hi

That's a bit strange, as service charges are a perfectly legitimate charge, and not all interest is reclaimable either. :confused: Guess you just got lucky.

Barty:)


I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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I'll just claim the O/DRAFT EXCESS FEE's @ £ 4.5k as I may not be so lucky. Really appreciate the input though.


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

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Hi Gary,

 

Claim underway:

 

Claim number: 7QZ37421

Issued: 21st Mar 07

Court: MCOL

Charges: £ 3,275.00

Intr at 8% : £ 522.48

Costs: £ 120.00

Total Claim: £ 3,917.48

 

Notice from Northampton CC 2nd Aprl that Lloyds has acknowledged claim and has 28 days to file a Defence.

 

My Bank account has been hit by fraudulant activity - @ £ 300 taken - seems to be happening a lot in Northampton. Lloyds said they would reimburse immediately - that was a week and a half ago. - When chased they said oops we'll do it now - that was yesterday - still nothing.

 

If OK will keep you posted with details of Defence as and when received.

 

Cheers for now.


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

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Just reading through the latest advise on MCOL and it suggested that I send copies of the calculations to the Northampton Court. Preparing to do this I noticed that I have duplicated a charge - the claim figure should be:

 

Charges £ 3215.00

Interest £ 522.62

Costs £ 120.00

Total Claim £ 3857.62

 

Lloyds have also made extra charges since the claim date.

 

I have not yet received Lloyds Defence - should I ammend or wait?

 

Any help appreciated.


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

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If you amend the claim at this stage, you will have to pay an additional fee. Its not much, but cant for life of me remember what it is.

 

By the way, I successfully claimed back account fees from Lloyds for my son and his friend. Lloyds never contested this. But Im sure Gary is right. I will remember that in future and not push my luck! lol

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Thanks Stan, it's reasuring to see hear about so many victories - I'll have a check round the threads to see if I can find the ammendment procedure.


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

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Lloyds have also made extra charges since the claim date.

 

Unfortunately you can't add these on to this claim - will have to start the whole process again for these I'm afraid.

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Unfortunately you can't add these on to this claim - will have to start the whole process again for these I'm afraid.

 

Not too worried about the new charges, just looking to ammend my mistake.


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

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If you've made a genuine mistake and its only £50 odd then I really would'nt bother with an amendment - its disproportionate IMO. Stuff like that can be ironed out upon settlement.


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks for the reassurance Gary. Should I send the corrected list to MCOL, send my original list (of charges) or just wait for directions?

 

Thanks again.


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

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Just had this in attached to an Court Order

Order =

 

'It is Ordered that the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise'

 

The following Defense is then attached:

 

 

1. The Defendant Lloyds TSB Bank plc ithe Bank) is a Bank whose registered office is 25 Greshan~ Street, London, ECZV 7HN. It 1s admitted that the Claimant has been a customer of the Bank at all material times.

2. By opening an account with the Bank, the customer enters i n t o a commercial arrangement w i t h the Bank f o r the provision of banking services. The bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Banks charges, currently i n a leaflet a guide to our banking charges. By using the account, t h e customer acknowledges that the c h a r g e s are incorporated into the contract. For p e r s o n a l customers, a number of services are provided for f r e e , not withstanding t h a t they are an expense to t h e Bank. Such services presently include, but are not limited to, providing:

cheques

bank statements . . .. .

the facility to make payments direct debit and standing order

debit cards

ATMs (cash machines.)

3 . By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If t h e customer f ails to ensure that there are sufficient cleared funds in the account to cover payments, whether by ; cheque, d e b i t card, standing order or d i r e c t d e b i t , the customer makes a request f o r a payment to be made from the bank’s own funds. If the Bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that there are normally no charges for everyday banking at Lloyds TSB when your account in credit.

When you use an a g r ee d overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they w i l l apply.

4. There is na breach of contract: the charge cannot therefore be a penalty, consequently there is no requirement t h a t the charge be a pre-estimate of t h e Banks loss.

5. The customer is given advance warning of charges being imposed: statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month’s statement, Customers are warned by letter when t h e y go overdrawn or over t h e i r agreed limit without arrangement with the bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

6 . The charges are fair and reasonable, and it i s denied t h a t they are unlawful.

7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the Bank, and pursuant to regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, and not subject to the assessment of fairness.

8. In the premises:

8.1 the charges are for banking services, and are not charges nor a penalty;

8.2 the bank is entitled by contract to impose the charges, which are fair and reasonable;

8.3 it is denied that the charges are unlawful or contravene any statute or regulation

9 The Claimant’s claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank.

 

========

 

Not the biggest point but bit of a cheek, I pay a monthly £ 15 bank fee on one account and £ 10 on the other!

 

Any help with a response much appreciated.


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

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Hi

That is the standard defence, so no worries there.

The AQ being dispensed with, that is happening a lot lately.

Barty:)

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I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Thanks Barty, should I get my list of charges into the court or just wait for directions from the Court.

John


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

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If you are planning on making an amendment at this stage, I would give the courts a ring and speak to the Court Manager for advice. They are really nice people and very sympathetic to our cause. They will advise on best thing to do at this stage.

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Hi,

 

I have finally got details on the Allocation to Small Claims Track hearing. I have until 11 July to file a schedule setting out the charges along with an explanation of the basis on which I am claiming. I spoke with the Court about the fact that I had accidentally duplicated one of the charges and the Court said they would send me a form to make an ammendment - I'm guessing an N244.

 

Q - Whilst filing the ammendment should I add the charges Lloyds have levied against me after I started the action against them? If so is there a particular form of words that I should use?

 

All help greatly appreciated.


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

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If you are making an amendment, you may as well add the charges since filing. "amendment made to reflect error dated ../../.. and subsequent charges levied since filing date".

 

Hope this helps.

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