LloydsTSB (merged)

Jackswan_2

Edinburghlass wrote:

If it was your letter before action you now need to start the court proceedings.

I started Court proceedings against Lloyds TSB for £401 plus interest plus the
Court Fee of £50 (I only became a Lloyds TSB cardholder because they acquired Scottish Widows with whom I had a credit card). They have defended the action and the case has been transferred to my local County Court.

Their defence reads as follows:

By opening a credit card account, the customer enters into a commercial
arrangement with the Bank for the provision of credit card services. The agreement is regulated by the Consumer Credit Act 1974. The Bank is entitled
as part of the arrangement, to charge for those services. By using the account the customer acknowledges that the charges are incorporated into the contract. Credit Card customers are provided with free services and are an expense to the Bank. Providing card statements, 56 days interest free where balance is paid in full, facility to make payments by d.d. to third party.
We will charge reasonable cost and expenses resulting from you breaking these conditions. (exceeding credit limit, failure to pay on time, unpaid cheque payment).
There is no breach of contract; the charge cannot therefore be a penalty,
consequently there is no requirment that the charge be a pre-estimate of the Banks' loss. The charges are fair and reasonable, and it is denied they are unlawful.
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, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.
In the premises:
the charges are for credit card services, and are not damages nor a penalty;
the Bank is entitled by contract to impose the charges, which are fair and reasonable;
it is denied that the charges are unlawful or contravene any statute or regulation;
The Claimant's claim is denied in it's entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank.

It is signed by a Recoveries Manager authorised by the Bank (Brighton) with
a firm of Solicitors in Brighton acting for them.

Stax_2

Hi,

I have asked for my 6 years worth of statements from Lloyds TSB. This morning I received just the last 3 months. I am fuming, I have tried phoning them and all I get is their customer service team is very busy. Whats the next step.

Stax

tonkaaz

Yes Edinburghlass it was the letter before court action, I just wanted to find out if they had received the letter or just the fact that they are holding back waiting to see what we do next - and maybe to see if they make an offer over the phone! Am getting quite nervous about the whole court thing to be honest.

teena0410

Originally posted by HariboJunkie
Can anyone tell me how long on average it tok to get statements/charge details back from Lloyds? Was it the full 40 days?

My statements from Lloyds TSB arrived bang on the 40 days!

Also, when we did finally get through to Customer Services, we were told that Debbie Gilbert no longer works in that department!

tonkaaz

Just plucked up the courage and made my claim online. If it wasn't for this website I don't think I would have even sent them a letter in the first place have been scared of Lloyds for years!!!

Many thanks.

deanchilds1

My latest letter i got from lloyds after i said i was going to court unless they paid stated " we are not going to pay £701 only £170 and were sorry you are going to take us to court" There was a case of fraud on my account about 5 years ago when a "friend" paid a cheque in for £15000 and then stole my card and pin and withdraw almost £2000 which i had to pay back plus all the charges. I want these charges refunded and everytime i bring up the fact i never paid the cheque in or withdrew the money nobody every replys to the letters. I am losing my patience with thses.

daddy323

did you have any success?

dunkwellington

Jackswan,

I've received my reply today - pretty much the same as you except mine was for the account not a credit card.

Well here goes with the allocation questionnaire :-)

Dakinski

Well...apparently when I do have enough in my account to cover a payment it "...always means extra work - and it has to happen very quickly". So thats where my £32 went after I went o/d by 27p. Silly me!

Letter goes on to say how open they are about their charges, and how "I'm sure you know how easy it is..." to check my finances with LTSB, that they can always raise my OD limit and that I should let them know if I am still not happy and how they will help me refer my complaint to the financial ombusman service if I wish.

Letter is from D Gilbert, Team Manager at the Customer Service Recovery Centre in Andover.

So, do I proceed with Letter 2? It suddenly got a bit scarier. And do I send it to D Gilbert in Andover or the address listed on this site?

Wish me luck. I get the feling LTSB are one of the bigger excuse makers/procrastinators when it comes to reclaiming bank charges. I rarely hear of folk getting money back with the first attempt with Lloyds.

lyds_2

I have learned of being able to claim back charges today having seen Martin on tv and have subsequently got stuck into reading about it and think I will attempt one. I have a matter of course appointement with the bank (Lloyds TSB) next week anyway, to review my current account (I guess because my graduate account must be coming to an end or something) and wonder if I should mention my intention or ask about it? Can anyone tell me would this be a good or bad thing to do/stand me in better/worse stead?

Are there particular banks who are more likely to close someone's account after a claim and is Lloyds one of them? Are they known for being easy/tricky to claim from? (I have recently paid off my overdraft and have a new job which pays more into the account so think that might be a reason for them to want to hang onto me?!)

Finally, how can anyone be sure that when they do send list of charges for the past six years, the list is correct? Are mistakes common/do banks knowingly leave off charges?

I appreciate any comments, many thanks.