Dear all, detailed below are my case notes which you may find useful. Please be aware that these are my notes and my opinions and should not be taken in shape or form as legal advice. If you are unsure about your case, you should always contact a solicitor. Hope its useful, Wolfy. ________________________________________________________________ The Facts I have a contract with Lloyds TSB that is governed by UK Contract Law. I have held two accounts with Lloyds TSB since 2000 and Lloyds have charged me £xxxx in penalty charges in that time. The Case under UK Contract Law These charges are NOT for a service as

I thought Wilson v Love was 1896 ? And Murray v Leisureplay was 2004, the appeal was 2005. Although the appeal reverted the 2004 decision, it did confirm the penalty charges principles.

Dayglo, with all due respect, mine and your test cases are really a foregone conclusion now, and the I.C.O. is clearly just going through the motions. I believe that they are only doing this because they are now snowed under in everyone's template letters, and that some simple advice to the CRAs will make their own office a lot tidier and more workable - they are creaking at the seams, and they know it - they admitted as much on the phone. The I.C.O. will look at both our cases as to whether they should advise the CRAs to retain old non-public defaults on credit files without permission, or after terminated permission. However, it i

no, it's 28 days from the date of service, not acknowledgement. Trust me I'm a paralegal!

you have to read faqs first. The letters you need are in the templates sections. 1st Data Protection Act -see how muchthe company charged you 2nd prelim 3rd lba 4th court

good lad, you know it makes sense. best of luck

Nope! they will post you a copy when they actually serve the claim. You are nearly there.....

Hi Jenny, Yup - reclaiming the penalty charges is fair game. They are penalties, are unlawful and therefore indefensible. If you follow the step-by-step guide in the library you won't go far wrong. Good luck.

hi as far as i am aware you can only claim interest if it gets to the court stage.

Have a play around on the MCOL site. You can't attach it but you will be able to send it in, if it does get that far the courts will apply for more information on the claim and thats when you supply it. If you have a look at my thread listed below you will find in the is a list of particulars you need to use when filling online.

You can add charges up untill you file a Court claim,as its only a few days for the next charge I personally would wait untill you get that charge added you just need to send the bank an update of them, there is a template letter in the templates letter library that you can use to refuse their offer, also guidance notes re the spreadsheets.

You can send a letter explaining that you accept the cash as a partial payment, but inform them that you will continue to persue the balance. if you have not sent the LBA then do so if you have then continue with MCOl, remember its your timetable not theirs. Keep smiling:D

you now go the court route after 14 days of the lba letter read up on it first though look here http://www.cag-files.co.uk/zooman/dummyn1.pdf

You sound like you are on the right tracks - have a read around whilst you are waiting for the response to your SAR just to make sure you are 100% prepared. Good luck with your claim.

They are not obliged to go back 5 years or 6 years. We also know they store our records for much longer than they claim (Abbey 1923!) Therefore they will be forced to go back as far as the time from when they hold the records. I understand some deceased estates are in the process of claiming old charges. It is my view & others (also there is very recent case law) that they cannot hide behind the limitations act as at the very least they are guilty of concealment which negates the protection of the limitation act. What has happened is that it has become industry practice with help of the chocolate teapot that is the Informat

No hes now told you to sod off and has responded within the 14days, you can now proceed onto the next stage. Good Luck

You should get an AQ through within the next few days Catherine. There is help and advice available in the FAQs and Bank Template Library to help you fill it out

Hi everyone; Just received the Defence from SCM on behalf of LLoyds. Appears to be the bog standard one: Claim No. 6 HS 01505 IN THE HASTINGS COUNTY COURT BETWEEN: Mr Christopher James Finlay Claimant and LLOYDS TSB BANK PLC Defendant --------- DEFENCE --------- 1. The Defendant Lloyds TSB Bank plc (the Bank) is a bank is a bank (note: 1 point off for repetition - you would think that solicitors would know better!) whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank at all material times. 2. By opening an accoun

The Orange issue was actaully in the reverse order - my post was merely highlighting the two methods. In the case of Orange, I had them change the 1,2,3 markers early this year. I took the A-Bomb "stop automating my data" approach with all three more recently... apologies if the post gives the impression of reverse chronology! The telcom application was instant online - I was there in the shop as they tapped it in. The credit card app was a paper application sent to their head office for approval. Presumably that was done online - they never phoned me up to say that they had to seek my permission for a manual decision. The jo

For those that have looked at their statements and may be wondering, what can i claim for?, and why are the descriptions confusing?, what about the overdraft interest is that claimable aswell? wonder no more. you can claim for anything which is deemed a penalty charge, which includes: returned direct debits, card mis-use, unpaid standing order, unpaid item, exceeding your overdraft, overdraft interest (see below), total charges (see below) notifed fees Unauthorised overdraft arrangement fees (more will be added as and when confirmation is found) you can not claim for: ATM (cash machine) usage (typica