LloydsTSB (merged)

Tozer

Very Trying - thanks for the apology.

As a matter of law, you CANNOT claim for any liability accruing more than 6 years ago unless it was latent. That is the basic principle in law and I'm sorry if I am going on about it but it is first term degree stuff.

However, if banks are making settlements without going to court, then good for the claimant. There is a difference between what is claimed and what, if push comes to shove, is actually payable.

With respect, I think it is wrong to suggest that people are entitled to post-6 years charges. They are not. However, I do agree that if the banks are paying (which I am sure you are right, they are) then to claim. However, there is a risk of a defence.

Frankly, IF I was the bank, I would make an offer pursuant to CPR, Part 36 (assuming that Small Claims did not apply or, even if it does, make an offer on the same principles as part 36) on the basis only of the charges which could be claimed and then, if refused, ask for an award of costs against the Claimant. It is this sort of thing which Claimants risk if they over-egg the pudding.

If anyone thinks that Banks will just sit back on their hands and keep paying, then think again. Sooner or later they will move to fight back at these claims using legal methodology and persuasive measures such as recording a poor credit history.

Thats all I was trying to get across.

trotsketti

Hi There,

I am claiming £1,881 from Lloyds on behalf of my husband and have got to the stage where am about to post MCOL. I've looked at all the timeframes involved and just wanted to make sure - when it says 5 days, 14 days etc is that just days or working days?

Also, as it seems Lloyds go down to the wire on their claims, we will be on holiday from the 7th May until the 22nd, and wont be able to access t'internet will the 23rd. Will this impact on any court date set if we aren't in the country to reply? I really dont want to be the first to be awarded against as we were on holiday!!

Wasnt sure whether to call MCOL, thought would try you guys first as you all seem really helpful!

Thanks!!

Indebted2uRen79

So far have posted my letters for my account at Barclays and my husbands account at RBOS. They now have until the 23rd April to send through my last 6 years.

This morning I have sent letters for the same info from Aqua (Halifax) mastercard, Barclays Visa, Lloyds TSB Visa and Lloyds TSB Bank.

I do have a query though as now I am slightly unsure.

Due to the financial situation that we are in we have recently gone to CCCS for help.
Their advise to us was to go bankrupt as our situation is so dire. However I didn't feel that was a route I was willing to take at this time.
So CCCS have been acting on our behalf and are paying a serious minimum to all our creditors because the expendible income we have is so low.

I have an outstanding loan with Lloyds but obviously they are not happy with the amount that was offered have not accepting and are continuing with their processes.
Due to this I recently went to the bank only to discover that they have closed my account themselves without any warning.
Am I still eligible to claim back my bank charges?

My other question is:-
With any creditors that have accepted the reduced payment amounts and stopped interest charges would I be rocking the boat to initiate the same process against them?

suzy1

hi,
we have a claim going with ltsb. we sent the first & second letters & stuck to the times allocated. we had no reply from them what so ever so we went online & started the court process with mcol. we then recieved the bulk standard patronising letter that everyone else seems to get two days after the claim started. we have only 4 days left for them to defend. we would agree with everyone else stick with it & go with everything martin has told you on the website. good luck;)

Indebted2uRen79

shamu95 wrote: »

hi,
Got same letter as you. have got to court stage. stick at it and dont let them fob you off. i kept getting the "we need 4 more weeks" rubbish. Stick to your timetable. From my own experiance and others that i have spoke to. they always end up at the court stage. hang on in there

Sorry to bug you but i thought i noted at the bottom that you reclaimed charges against studio catalogue. Am I correct?
It's just that I have an outstanding balance with Ace which is the same company and over the years they have charged me a small fortune with late payment fees.
Is it the same procedure as the banks?

stapesmk1

Hi guys,

Sent this initially to Lloyds TSB to ask for my statements and outline my intentions.

"I am writing to inform you that I now understand that the regime of charging ‘fees’, which you have been applying to my account in relation to direct debit refusals, exceeding overdrafts and so forth are unlawful under Common Law, Statute and recent Consumer Regulations.

I would like to draw your attention to the terms and conditions of the mutual contract agreed between yourselves and I at the time I opened my account. In particular, it is an implied term of said contract that you would conduct yourselves lawfully and in a manner which fully complies with UK law.

Quite frankly I am very disappointed that your bank has felt it necessary to act in this manner, as I have banked with you for some time and always had full confidence in your integrity and expertise in the retail banking market.

After enduring the application of such an unlawful regime for several years, I have now been informed by my Financial Advisor and my Solicitor that I can now seek to rectify this unacceptable issue. Therefore I am formally notifying you that I require a copy of my bank statements dated from 1/2/01 to 1/2/07 and that I shall require these to be sent to the above address within 14 days of receipt of this letter.

Upon receipt of said statements, the total amount of unlawful monies accrued by yourselves during this period will be calculated by my Financial Advisor and overseen by my Solicitor. Following this I shall require payment in full of all monies deemed to have been accrued unlawfully within 21 days.

If you fail to comply fully within 21 days, I shall instruct my Solicitor to bring about a claims procedure against you for the full amount including interest, a claim under ss.7 and 13 of the Data Protection Act 1998, alongside any legal costs without further notice.

Furthermore, I shall submit a full complaint to the OFT under the Consumer Credit Act 1974, upon the basis that you have failed to comply with the OFT’s direction of April 5th 2006 and therefore are not fit to hold a consumer credit license under the 1974 act

A copy of this letter shall be kept on file, as well as duplicate copies delivered in person to my branch and sent via post so as this matter may be resolved as soon as possible".

Its seems to have got a response, so if anyone wants to copy and paste it then go for it. I'm sure others have put it better but at least it got things moving. I received the standard letter saying how they were sorry how I felt (blah, blah, blah) and that they feel they have acted lawfully. They said that they would grant me my statements and I'm now awaiting them throught the door.

stapesmk1

Have sent this in response to Lloyds TSB rejecting my claim. Sorry its a bit long. Could anyone advise me on whether I've said the right thing. My idea was to pre empt their objections and deal with them in one letter outlining clearly my inteneded course of action. I'm currently waiting for my statements as promised and this was in reply to the standard letter they sent to me.

"I have recently received your letter (Ref ******) and would like to thank you for getting in touch and for offering the useful and relevant information contained in it. As you advised, I have requested a copy of my bank statements from the Statement Request Dept. of Lloyds TSB Bank Plc, which I notice is conveniently located at the same address as your Customer Service Recovery Centre. I have enclosed a cheque for £10 to cover the fee charged for this service and the letter was sent via Royal Mail recorded delivery on the 30th March 2007 (Ref *******) and arrived with your colleagues on 2nd April 2007.

I would like to take this opportunity to remind you that my original letter and my request to be reimbursed of the money unlawfully accrued by your bank, at no point refers to credit card default charges. As you may be aware, I no longer have a credit card with your company and I do not wish to recover any penalty charges issued on my previous card. This means that the reference you make in your letter to new guidelines published by the Office of Fair Trading in April 2006 do not apply to my request, but the revised guidelines from September 2006 do.

I have requested copies of my previous bank statements covering the last 6 years and it is only the charges levied on my current account due to exceeding of my overdraft facility, bounced cheques and direct debits that I wish to be reimbursed. I have no outstanding credit agreements with your bank other than the overdraft facility on my current account. I hope this helps clarify which charges I understand to be unlawful.

I understand fully that the charging of such fees in relation to exceeded overdrafts and refused direct debits and cheques may be a profitable system which a bank, such as Lloyds TSB may employ. However, I also fully understand that this system is unfair and unlawful under Common Law, Statute and recent Consumer Regulations. I would draw your attention to the fact that it is against English law for your bank to charge me a fee which is disproportionate to the breach of agreement caused by my overdraft limit being exceeded or cheques and direct debits being refused.

This practice of charging disproportionate fees amounts to a system whereby the customer is fined and as I’m sure you are aware is illegal and deemed “extravagant” under Penalty Laws. I understand that your bank makes an effort to make customers aware of its system of charges, but I must remind you that making the customer aware that they are or will be subject to an unlawful practice does not make that system anymore lawful because it is written in a contract. Effectively, the terms of the mutually agreed contract between myself and Lloyds TSB have been broken by the charging of such fees and whilst unaware of it at the time, I am fully aware of it now.

I would like very much for this matter to be resolved without any further delay and would like for both myself and your bank to come to an agreement which benefits us both. On receipt of my retrospective bank statements I shall evaluate each of them closely with my Financial Advisor and calculate the amount I feel has been taken from my account using this unlawful system.

Following this I shall contact you in writing and request that this amount be paid in full into my current account within 14 days. I would like to draw your attention to the point that if my request is met swiftly, I do not intend to reclaim any amount of interest, either statutory, contractually or cumulatively on top of the amount I feel I am owed.

However, I must advise you that if Lloyds TSB Bank Plc refuses or does not wish to comply with my request for a refund; I shall have no hesitation in making a claim via the small claims court. If I have to take this measure I’m sure you are aware that I would be entitled to add 8% interest from the date I was first charged unlawfully.

I would like to point out that despite this issue of unlawful charges, I am happy with all other aspects of the service Lloyds TSB provide to me and I fully intend to remain as a customer both while this issue is being resolved and after we have come to an agreement in respect of my request. That said, please appreciate that I am fully aware of my consumer and legal rights in this instance and that I understand fully the options open to me, the processes I may have to initiate and the authorities I may need to contact if my request is not met satisfactorily".

I'm sorry its long winded, but if anyone could tell me if I'm on the right track or if theres anything I should have put in/left out then that would be much appreciated. Once again, feel free to copy and paste if you feel my letter is of use.

busby1969

The letter looks fine but there is no need to reinvent the wheel, the templates work really well.

Good luck any way

Kelly:money:

toothwiz

I wish to make the first step in my claim but I am confused what I can get a refund for.I have looked at the list for what can be claimed and what cant and it still doesn answer my question.
Can I reclaim for overdraft interest charges with lloyds

justlaugh2

toothwiz

you can claim the overdraft excess fee but not overdraft interest
can also claim
unpaid D/D
unpaid S/O
unpaid cheque these are all the ones that i have claimed:rotfl:

hope this helps, there are a few others too if you look in the reclaiming bank charges help thread.