Lloyds TSB

Edinburghlass_2

This was Lloyds solicitor you spoke to rather than the bank? I would say that on Friday, no-one would be entirely sure as to what was happening and perhaps you should put this in writing to the bank and the solicitor and see what they say.

liddled

Can anyone please help!!!!!!

I'm completing my defence and don't have the following information.

13. Relevant terms of the contract include:<o>:p></o>:p>
i). There was an express term of the contract that the account was subject to ‘an agreed overdraft limit of £xxx<o>:p></o>:p>
ii) Clause 4.1 of the 1998 Terms and Conditions state; <o>:p></o>:p>
“We will make any payments from your account when you authorise them in a manner which is agreed between us. You must have sufficient money available in the account to meet the payment. If we have granted an overdraft then we will make payments as you instruct us provided they do not exceed the overdraft limit.”<o>:p></o>:p>
iii) Term 9 a) of the 2000 Terms and Conditions state:<o>:p></o>:p>
“You are not entitled to overdraw the account if no overdraft facility has been arranged, or to overdraw the account beyond the limit of an arranged overdraft facility. You are not entitled to use your card if this would happen, but this does not affect our right to deduct the amount of the card transaction or guaranteed cheque from the account if the card is used.”<o>:p></o>:p>
iv). Clause 9.2 of the terms of use of debit card states: <o>:p></o>:p>
“If you do use your Card to create an overdraft we have not agreed or to exceed an agreed overdraft limit, you will have broken the terms of your account and you must repay the un-agreed amount immediately.”<o>:p></o>:p>
I have looked at the T&C's section but those listed above don't appear to be there, so I would appreciate if anyone can help.

Thanks

Ayers_2

Hi Everyone,

I currently have two claims going through court against Lloyds TSB one for the actual bank charges and the other for charging me on an account that they changed me to without asking.

I understand that the claim against bank charges is now on hold until the test case is done.

What happens to my other claim against them charging me for an account I didn't want or request? Can I still go ahead with that one?

Very confused
Ayers

mcweasel05

After much chasing, I have finally received a list of charges from Lloyds on my current account.
However, can someone please let me know what 'Unpaid D/D' means? I have 10 of them, which range from £30 to £192!

Your help, as always is appreciated! :beer:

Mcweasel!

Edinburghlass_2

It means an unpaid direct debit. You'll find a list of what you can and can't claim in the Reclaim Help Thread which is linked in my signature along with lots of useful information about starting your claim.

mcweasel05

Edinburghlass, many thanks!
The link has proved useful & I will now be asking them to repay over £1200, though my account is only £314 in arrears!

Now to claim! :j

Edinburghlass_2

Ayers wrote: »

Hi Everyone,

I currently have two claims going through court against Lloyds TSB one for the actual bank charges and the other for charging me on an account that they changed me to without asking.

I understand that the claim against bank charges is now on hold until the test case is done.

What happens to my other claim against them charging me for an account I didn't want or request? Can I still go ahead with that one?

Very confused
Ayers

The bank will more than likely try to say that both claims should be put on hold but you can argue against the second claim.

meatloaf43154

Got 2 letters in the post today, dated 24th july offering me full settlement on both my claims which come to just shy of £1300. I rang up there Solicitors who suprising live in the same office as thier collections dept and i was told that as long as i accept the offer then it will be paid inspite of the current hold on cases. So signed the letters and faxed em back.

1 down 5 to go.

Keep Going Everyone.

43154

Shellyk_3

I am in the process of claiming from Lloyds Tsb. It has been going on since feb and I am now at the stage of taking them to court. I had received a general form of Judgement at the beginning of July saying that the Judge requested that the case be stayed until 4th Spetember for both parties to try and come to some arrangement out of court. I rang SCAM and obviously they were not willing to budge and told me they had no intention of settling the claim. Anyway from that I then wrote a letter to my local court stating that I had contacted Lloyds and they were not willing to come to an agreement so could I request for my case to be listed for a hearing....... I have now received a date of the 28th August(thinking I was getting close) and all this other stuff has now happened... WHAT DO I DO AHHHHHHHHHHHHH!!!!!:mad: :mad: :mad:

lindilou39

If its any consolation to anyone out there currently in the court claim system, I today received from the court dated 26/07/07 that I do serve on the defendants detailed schedule of charges etc etc failure to do so by the 23/08/07 will see my case struck out, (well I already did this and was served on scam today) scam now have to send to the court no later than 20th sept 07 a schedule in response to the claimants schedule stating in respect of each item claimed: a. pursuant to which if any contractual provision such charge was made; b. if such charge is alleged to be lawful the basis on which it is so alleged;

c. if it is alleged that the charge is a genuine pre-estimate of the Defendants loss incurred as a result of the claimants actions (whether or not such actions are in breach of contract) all facts and matters on which the defendant relies on as showing that the charges are a genuine pre-estimate of loss including the defendants positive case as to the actual cost of dealing with such actions; and

d. draft directions for the further conduct of the case to be agreed with the claimant if possible.

7. if the defendant fails to comply with paragraph 6 of this order the defence shall be struck out and the claimant shall be entitled to judgement without further order.

we both have till the 6/09/07 to reach an agreement if no agreement is met but the defendant complies with paragraph 6 then it will be referred to a district judge for directions.

sounds good to me and it seems like its still all systems go.

Lin