davemw versus LLoyds TSB help needed

[davemw]

Hi All,

 

First post so here goes.

 

I have been going through the process of reclaiming bank charges with Lloyds, and I’m at the stage where I have been sent an AQ and the same day this came through the letterbox me received a letter from [problem].

 

The letter states:

 

Blah Blah Blah.....

Minded to enter into settlement negotiations with you but before doing so we are told that there appears to be discrepancy in what you are seeking by way of a refund of Bank charges.

 

We note from your pleadings that you are claiming (alleging) that various deductions were made from your account over the past few years, but you do not specifically say when and how.

 

In light of this, can you please provide us with the following information by return:-

 

1. Each and every individual amount of the charge that you are claiming and are disputing;

2. The date of each and every charge that you say was deducted from your account;

3. How you calculated any interest

4. How you calculated the sum of £1423.33; and

5. Confirm your sort code and bank account numbers(s)

 

Blah blah blah

 

[problem].

 

So to my pleading

 

Between 10/09/2001 and 01/06/2006 the Defendant applied a number of default charges to the Claimant's current account.

 

These charges are unlawful because they do not reflect the true cost of going into an unauthorised overdraft. Furthermore they are a breach of the Unfair Terms in Consumer Contracts Regulations 1999 which state: 'A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation.'

 

A charge is deemed to be penalty if, in reference to the case of Wilson v Love in 1896, it does not reflect the true cost of an item.

 

I am entitled to claim interest under section 69 of the County Courts Act 1984 at the rate of 8 per cent per annum from the date when charges were first applied to my account until a judgment is made.

 

The Claimant asks the court to enter judgment in their favour for the sum of £1, 423, 33. Plus interest.

 

Now here are my questions

 

1. is the pleading strong enough?

2. The total in the pleading for charges does not at this point include interest is this an error on my behalf? If so how do I correct this?

3. I’m a little embarrass about this one my total falls some £5.05 over from the total of my charges, as stated in my pleadings can I fix this?

4. Do I reply to [problem] given that I have an error in my figures?

 

Note I have not returned any information to [problem] or to the court at this point.

 

Any help would be gratefully accepted

[davemw]

Hi All,

 

I have been going through the process of reclaiming bank charges with Lloyds, and I’m at the stage where I have been sent an AQ and the same day this came through the letterbox me received a letter from [problem].

 

The letter states:

 

Blah Blah Blah.....

Minded to enter into settlement negotiations with you but before doing so we are told that there appears to be discrepancy in what you are seeking by way of a refund of Bank charges.

 

We note from your pleadings that you are claiming (alleging) that various deductions were made from your account over the past few years, but you do not specifically say when and how.

 

In light of this, can you please provide us with the following information by return:-

 

1. Each and every individual amount of the charge that you are claiming and are disputing;

2. The date of each and every charge that you say was deducted from your account;

3. How you calculated any interest

4. How you calculated the sum of £1423.33; and

5. Confirm your sort code and bank account numbers(s)

 

Blah blah blah

 

[problem].

 

So to my pleading

 

Between 10/09/2001 and 01/06/2006 the Defendant applied a number of default charges to the Claimant's current account.

 

These charges are unlawful because they do not reflect the true cost of going into an unauthorised overdraft. Furthermore they are a breach of the Unfair Terms in Consumer Contracts Regulations 1999 which state: 'A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation.'

 

A charge is deemed to be penalty if, in reference to the case of Wilson v Love in 1896, it does not reflect the true cost of an item.

 

I am entitled to claim interest under section 69 of the County Courts Act 1984 at the rate of 8 per cent per annum from the date when charges were first applied to my account until a judgment is made.

 

The Claimant asks the court to enter judgment in their favour for the sum of £1, 423, 33. Plus interest.

 

Now here are my questions

 

1. is the pleading strong enough?

2. The total in the pleading for charges does not at this point include interest is this an error on my behalf? If so how do I correct this?

3. I’m a little embarrass about this one my total falls some £5.05 over from the total of my charges, as stated in my pleadings can I fix this?

4. Do I reply to [problem] given that I have an error in my figures?

 

Note I have not returned any information to [problem] or to the court at this point.

 

Any help would be gratefully accepted

[christinajanep]

this letter is standard all you need to send them is a copy of your schedule of charges.

[davemw]

this letter is standard all you need to send them is a copy of your schedule of charges.

 

Thanks,

 

Any advise on the questions below:

 

1. is the pleading strong enough?

2. The total in the pleading for charges does not at this point include interest is this an error on my behalf? If so how do I correct this?

3. I’m a little embarrass about this one my total falls some £5.05 over from the total of my charges, as stated in my pleadings can I fix this?

4. Do I reply to [problem] given that I have an error in my figures?

 

I have to submitt my AQ before the 30th July ans would like to ensure that i have this all sorted.

[christinajanep]

why do u need to send a pleading

[nicklea]

Hi Dave,

 

What they're asking for is the actual list of charges, eg

 

16/5/2005 Unpaid DD £35

16/6/2005 Odraft Excess Fee £35

 

etc

 

all listed out individually. I know that you would have done this in your letter before action as well, but they do want to see it as Lloyds never seem to pass anything on to them.

 

Regards

 

Nick

[PeterAnderson]

davew - Hi,

 

You really need to read the step-by-step guide and use the template letters on CAG, you may now need to change the particulars of your N1 application if it does not fit the template here, I have forgotten the court form number but the fee is £35 which you should also be able ('I think')

[davemw]

why do u need to send a pleading

 

Christina,

 

Sorry if i confused you, the reason i stated the pleading here was to highlight that i had not added interest, this i hoped would give people the information to answer my questions. i have no intension of sending my pleading to [problem].

 

 

2. The total in the pleading for charges does not at this point include interest is this an error on my behalf? If so how do I correct this?

 

my 3rd question that i have stated a slightly higher figure without interest in my pleading and i wonderd if i need to change this or if i should state this fact along with the interest onto my AQ and or should i inform [problem].

 

I have the break down statements that i will be sending to [problem] along with Bank charge interest calculations.

 

@Pete

 

You really need to read the step-by-step guide and use the template letters on CAG, you may now need to change the particulars of your N1 application if it does not fit the template here, I have forgotten the court form number but the fee is £35 which you should also be able ('I think')

 

i have more times then i can remember lol

[davemw]

Hi Dave,

 

What they're asking for is the actual list of charges, eg

 

16/5/2005 Unpaid DD £35

16/6/2005 Odraft Excess Fee £35

 

etc

 

all listed out individually. I know that you would have done this in your letter before action as well, but they do want to see it as Lloyds never seem to pass anything on to them.

 

Regards

 

Nick

 

Thanks that is ready to be posted along with the bank charge interest calculation.

 

what i need clarity on is this.

 

Should i avise on my AQ that i have overstated without interest the amount by £5.05 and should i also advise [problem].

 

or do i need to amend my claim

 

thanks for the help

[christinajanep]

so hiave i got this right, your claiming 8% interest bu not the contractual interest. i wouldnt worry about the difference in amounts this normally gets sorted in settlement

[davemw]

so hiave i got this right, your claiming 8% interest bu not the contractual interest. i wouldnt worry about the difference in amounts this normally gets sorted in settlement

 

 

in my pleading i have stated 8% interest (not compounded) i have now with the use of the calculator added this interest up on each and every charge from the date of the charge, this i will send to [problem] as my settlement requirements

 

I was just a little scared due to the silly error where i stated the charges as £5.05 to much.

 

Is the AQ a tool i could use to advise that there is a small error in the amount i want judgement on or do i just leave it as you say.

 

thanks again for your time and paitents lol

[christinajanep]

dont worry about the error, ive seen people who have worked it out alot worse and its all been sorted out in settlement.

 

dont worry about mentioning it on the AQ

[davemw]

dont worry about the error, ive seen people who have worked it out alot worse and its all been sorted out in settlement.

 

dont worry about mentioning it on the AQ

 

Christina,

 

Thanks for all your Advise, I’m just about to post statements and Interest calculation's off to [problem],

 

I have included in this package a copy of the AQ(Courteous) and supporting documentation for Draft order for direction sent to the Judge to deliberate

 

if I’m successful here then I’m back on to them for Credit Card accounts, along with Barclays AL and Halifax

 

Its a learning curve for most people but I would say one that we all should look to achieve, it is disgusting the way these banks operates.

[christinajanep]

it certainly is, i used to have a £1500 o/d with lloyds and one month they were going to charge me £275.00 for a couple of bounced DD, so i called them and asked if they could reduce it... after much chatter about how i really should learn to control my bank account they said NO, i started to panic then he said i tell u what how about we give u a loan to clear ur o/d...BLIMMIN CHEEK

[davemw]

it certainly is, i used to have a £1500 o/d with lloyds and one month they were going to charge me £275.00 for a couple of bounced DD, so i called them and asked if they could reduce it... after much chatter about how i really should learn to control my bank account they said NO, i started to panic then he said i tell u what how about we give u a loan to clear ur o/d...BLIMMIN CHEEK

 

Well i just hope you took them to the cleaners lol

[broke dave]

Don't worry about your overclaim. Mine was for £60 which I couldn't later find on the statements! Had many sleepless nights until told on here not to worry. They paid it all earlier this month.

[christinajanep]

handing in my request for judgement at the court today, lloyds just wont play ball with me

[davemw]

Hi all,

 

handed in my AQ with draft order on the day the OFT case came to light,

i expected a Stayed from the court! however this has not been the case and it looks like the Judge wants to press forward, atleast i hope this is the case.

 

 

Before DISTRICT JUDGE COOPER sitting at Basingstoke County Court.

 

upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to this order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

 

IT IS ORDERED THAT

 

THIS CLAIM BE ALLOCATED TO THE SMALL CLAIMS TRACK

 

1.the claiment do serve on the defendant and send to the court a schedual of each and every item of charging relied upon giving date and details of the account and the amount by the 14th day after service on him/her of this order

 

2.the defendant do serve on the claiment and send to the Court full details of any facts and matters relied apon to show that each and every item of charging so detailed by the claiment is reasonable and proportionate by the 14th day after service on it of the claimant's schedule under paragraph 1 above

 

3 refer back to the district judge after the 35th day after service of this order on the claimant.

 

So i guess i need to send to [problem] yet again my S.A.R - (Subject Access Request) statements, and a copy to the judge.....

 

Can anyone advise if i should be sending any other stuff to the judge and [problem].

 

Regards

 

DMW

[broke dave]

Looks like good news. Yes, just do what it says in the order.

[nicsussex]

So i guess i need to send to [problem] yet again my S.A.R - (Subject Access Request) statements, and a copy to the judge.....

 

No - send a copy of your schedule of charges!

 

The good news is that there is very little chance of LTSB complying to point 2 of the court order.

 

Also would help everyone offer their best advice if you stayed on the one thread

[Bookworm]

3 threads merged.

 

Nic, if you see threads that need merging, hit the and say "username x, threads need merging", and we'll get on to it as soon as we get a chance. ;-)

[nicsussex]

3 threads merged.

 

Nic, if you see threads that need merging, hit the and say "username x, threads need merging", and we'll get on to it as soon as we get a chance. ;-)

 

You live and learn - will do!