LloydsTSB (merged)

DizzyBird_3

Thanks for you reply much appreciated will do all the reading i need to do,

angiechesh

OMG I'm losing the will to live over these bank charges.
I have just been registering online to take Lloyds TSB to court and when it got down to the court charges I have to pay £250.00 upfront. I know I will get it back my if I had that kind of spare cash about I wouldn't be claiming in the first place.
I 'm so fed up now

Edinburghlass_2

DizzyBird wrote: »

I am trying to claim bank charges back from them for £800. I went through the first process of getting my statements, received them no problem. Then i sent them the 2nd letter asking for the £800 charges back, i sent this letter out to them on the 10th may and this is a letter i have Does this letter mean i am not getting my charges back and if so where do i go next i am well confused with this now

You need to send out the next letter threatening court action and ask them to reply in 14 days, template in Martin's article. They may offer a "goodwill gesture" and in fact will put it in your account, at that stage you need to make up your mind if you want to accept it or carry on with court action for the full amount.

DizzyBird_3

I am thinking of going to the Financial Ombudsman Service instead some people on this board have had some success with them. Going to court kind of scares the living day lights out of me.

Edinburghlass_2

Sending the next letter doesn't actually commit you to going to court so don't worry about that in the meantime. However read this post about going via the FO and it could be that the FO will consider the letter you received as enough of a "no" for them to take over your case.

http://forums.moneysavingexpert.com/showpost.html?p=5355781&postcount=66

DizzyBird_3

Might send the 3 rd letter and see where that gets me if i get the same kind of response will go through the FOS i have'nt got mush to lose have i. Thanks for you help.

beckied

angiechesh wrote: »

OMG I'm losing the will to live over these bank charges.
I have just been registering online to take Lloyds TSB to court and when it got down to the court charges I have to pay £250.00 upfront. I know I will get it back my if I had that kind of spare cash about I wouldn't be claiming in the first place.
I 'm so fed up now

Hi angiechesh i know how you feel with having to put the money up first.
I am in the same position and just cannot afford it!!! I have gone with the fo i advise you do the same at least that it is doing something other than giving up on it !!
Don't be disheartend it will take time but it is worth it in the end and it wont cost you anything if you go with the ombudsman. Just got to sit tight.
Good Luck;)

beckied

DizzyBird wrote: »

Might send the 3 rd letter and see where that gets me if i get the same kind of response will go through the FOS i have'nt got mush to lose have i. Thanks for you help.

Hi Dizzybird, I have sent three letters and after the first letter they send out they wont send anymore, I spoke to lloyds on friday and asked why nobody had responded to my letters and they said basically that they are very busy and they are allowed 12 weeks to deal with a case.
I would advise the ombudsman myself i am with them and i got a responce on saturday saying that i basically had to give tsb a chance to respond to my second letter and if they havent done by 8 weeks to go back to them and they will investigate it.
As i have already spoke to tsb and they said it will be sorted out by the 03/07/06 i wont YET send the reply to the fo but if i havent heard anything by the 3rd july i will be getting the ombudsman to investigate it.
Good luck with yours.;)

bubbleandsqueak_2

Hi

This is the defence Lloyds have filed:

This defence is served without prejudice to the Defendants contention that the Statement of claim is insufficiently particularised. The defendant reserves the right to plead further to the Statement of Claiim once they are sufficiently particularised.
The Defendant will object that the Particulars of claim in this action disclose no reasonable cause of action against the Defendant and makes no specific allegations against the Defendant as to why the Defendant should be liable to the Claimant for the amount claimed.
The Particulars of Claim do not comply with Rule 16.4 1(a) of the Civil Procedure Rules (amongst other things) they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £1121.57 is arrived at and the Particulars of Claim are too vague. The Statement of Claim shows no reasonable grounds for bringing the claim.
The Claimant should, therefore, be ordered to file and serve an amended claim to set out the full Partriculars of the Bank Account and the charges he is seeking to recover, identifying each charge, the date and amount of the charge and why the Claimant in each case he alleges it is a disporprotionate penalty and thus unfair.
The Defendant should then be given the opportunity to defend the proceedings further.

PHEW!!!!

Anybody got any ideas? Has anyone seen a similar defence filed, and if so how did they deal with it? Of course the Bank has had all the information (in fact they supplied it didn't they) so when you make an online claim you have to be brief in description as you are only allowed a certain amount of characters.

Is this a smokescreen to make me give up? 'Cos if it is it could succeed. Lloyds are having a certain amount of success when they have gone to Court recently

angiechesh

Hi
Thank you beckied for your support.
I have realised now tho I have messed up a bit with the charges I'm claiming back.
I've had a look at the link with the charges that are chargeable and I have over stated the amount I should have requested for.
Should I just send a revised claim in now, especially as they haven't even acknowledged my original one and start again with them?