Help with Lloyds claim - their response

SiMor29

Hi all,

I'm currently trying to reclaim just over £1200 from Lloyds TSB for charges accrued last year.

I recently receieved their latest response, their first after the test case completion, refuting most of the legal claims set out in the templated letter I downloaded from this site.

There is one paragraph however, that has got me thinking. Basically, when I first accrued these charges(over a five month period in an account I didn't use, accruing at £225 per month plus interest) I went into the bank to query why no-one had been in touch to let me know I was racking up charges at such a ridiculous rate!

I was told by the teller and then by the manager that details of these charges were sent to me in the form of a monthly statement. Fair enough, I suppose, although as I wasn't using the account at the time I wasn't opening my statements. My fault I assumed.

However in the latest letter, the lady from Lloyds customer services includes this paragraph:

"We always send a letter out when an overdraft limit is exceeded. We'll also send a reminder if an account still has an unplanned overdraft after five days, and a further letter advising you of when the charges will be applied."

This was most definitely not the case. As I say, I queried this very point in my branch and was told that monthly statements were my notification of charges.

With this in mind, can I use this seemingly grey area in their policy to leverage the claim in my favour?

It's pretty obvious that if I had received these letters then I would have been able to head off the number of charges before it got to the stage it eventually found itself at.

Five days at £15 I can just about accept, but five months is totally unacceptable in my view, but until now they've refused to budge.

Any info greatly appreciated.

Thanks