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GuidoT

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Everything posted by GuidoT

  1. Received a letter from Lloyds today advising that they would be crediting £500 to my account, no mention of any terms I will take that for now. They should receive the sealed claim form in the next few days. Will donate to CAG in the next few days.
  2. You cannot claim back the interest sums included on your statements, only the penalty charges. However, you can claim back the interest part that relates to the penalty charges, but I have not bothered, it is a bit complicated and does not usually amount to much. I see you have different threads posted, you may want to start one thread and continue with that, it will make it all easier to follow.
  3. That address is correct, ensure that you include their full name, Lloyds TSB Bank Plc.
  4. No response to LBA. Claim form and particulars now complete and will issue this week. I am having severe difficulties opening another bank account. On checking with Equifax, I have 3 CIFAS entries dated March 2006 connected to me, relating to a person that used to live in a property that I lived in 6 years ago. I have tried with Cooperative and Capital to get them to inform Equifax to remove the entries, but being a bank, they of course said no. I think the Banks and or Equifax need some more pressure. Does anyone have experience with the removal of entries of this type?
  5. I would send to the court too. Ensure you include the claim reference. However, I do not use MCOL, therefore I do not know if you have an address to send them to. As a general rule in litigation you copy everything to both the court and defendant simultaneously. This is why I do not like MCOL, as you cannot include the particulars (or a claim description of any length) at the same time as filing the claim. If you do not have an address just yet, then you will have soon. Once the claim becomes defended it gets allocated from Northampton (which is like a bulk clearing centre) to usually a local county court.
  6. Lloyds have 14 days from date of service to file an Acknowledgement of Service and then a further 14 days to issue a full Defence. Thus 28 days. If no Acknowledgement of Service or Defence received then you can apply for default judgement. Lloyds' usually leave it all until the last minute and issue a Defence. If you obtain default judgement Lloyds are likely to make an application to have it set aside (removed) and such an application is likely to be successful and then the litigation continues. As an aside ensure as you used MCOL that you have sent the particulars of claim in the post, i.e. the schedule of charges. Stay with it.
  7. Preliminary letter issued no response from from Lloyds, issued LBA for circa £3,500 (found a few more charges) today.
  8. I presume you have calculated £8K and £4K of bank (penalty) charges from differing Lloyds accounts. Based on the actions of Lloyds to date your prospects of success are good, however it is a bit of a drawn out process, takes around 5 months from issuing the first letter to receiving settlement (usually in full). Essentially you need to be prepared to commence legal proceedings and ultimately attend court hearing. Lloyds do however usually settle the matter prior to the hearing, in fear of loosing and the floodgates opening (even further). Your claims are quite substantial, if I was in your position I would begin with the £4K claim let that run for a few months and then move onto the £8K claim. You will then be more familiar with the process, one of the main reasons I would suggest this is explained below. The substantial difference with your two claims is the track that they will be allocated to by the court. A claim under £5K is allocated the small claims track and £5K to £99K allocated to the fast claims track. With the small claims track parties legal costs lie where they fall (each party bears their own costs) and with fast track each party can recover legal costs from the other contingent of who is successful. Therefore your claims are likely to be allocated to different tracks. Depending on how you feel you may want to break your £8K claim into parts to avoid any potential legal cost exposure. Or alternatively you may decide to lump all your claims together, I would avoid this though given the sums involved. In addition to your £8K and £4K you need to consider your consequential losses, e.g. your high rate borrowing and then clearing your name as best you can. I would take things one step at a time and as I say start with the £4K claim. If you attempt to take on too much you may feel defeated end up getting no where. However, before you do anything you need to spend several hours reading through others peoples threads and read the Forum FAQ. There is alot to learn. It is complicated and daunting, but if you persevere it will be worth it in the long run.
  9. I should clarify (as I do not want to mislead) that you cannot claim all the overdraft interest as your statements. However, you can claim for the part of the interest that relates to the penalty charges if they put you in an overdrawn position. This maybe a little difficult to comprehend, it took me a little while. These calculations are however quite complicated, see the Advanced spreadsheet in the Forum, Bank Templates, Interest Calculation, that also explains it a little more. Personally I did not bother as I thought it was not worth the effort.
  10. I had a similar difficulty and included everything in the my preliminary letter. I thought initially I could not claim as it related to a fixed charge for running the account, but then I noticed that it varies from £5 to £50 per month and therefore must include some penalty charges. It is not possible to tell from the statements how they calculate these sums or why indeed they vary. For the avoidance of any doubt you cannot claim the overdraft interest, in case you are not aware. It is not so daunting to add up the charges, they are always applied in the first few days of the month, so you need not look at the rest of the statement entries. I went back to 1994 and it took me about 3 hours. If it transpires that we should be not claiming it, then the burden is on Lloyds to demonstrate as much. From the claims I have been reading Lloyds do not seem to check the calculations in any detail, all they do is issue a generic defence and then settle in full.
  11. Last month I was charged £90.00 by Lloyds for going £1.53 overdrawn, I did not even receive the usual computer generated letter advising me that I had gone overdrawn, just received advance notice on my statement. Penned a letter to Lloyds requesting that they do not deduct the sum, received a letter back stating they were investigating the matter. In the meantime they deducted the charges and then Lloyds advised me (they bothered to do a letter this time) that they would be charging me £30.00 again for going overdrawn. I went overdrawn because they deducted the £90.00 of charges they were investigating. A week later Lloyds followed up with a letter advising that they would not be refunding the £90.00 charge. So I thought I would do a little research and came across this site. I have abstracted the charges from my statement back to 1994 and this totals £1,284.00. I realise that I have a limitation problem, but I will argue this on the basis of deliberate concealment pursuant to the Limitation Act 1980. To this sum I have added contractual interest at 17.04% which equates to £1,713.10. I could have used the statutory rate of 8% but this reduced my claim by £909.10, however I will plead the statutory rate in the alternative when completing the Claim Form. I have not bothered with the interest on the charge interest as this calculation is a lot of work for not too much return. Thus a total of £2,997.10. I feel I have nothing to loose by going for the maximum sum that is reasonably arguable, providing I stay under the £5,000.00. I have drafted the preliminary letter which I will send as soon as I have received confirmation that my parachute bank account has been opened. This site is useful in that it gives you the confidence to pursue your case to the end, knowing that you are quite likely to be successful. Uncertainty is one of the major difficulties when pursing matters such as these. This site allows you to know the other sides tactics in advance, which is extremely useful in terms of knowing how to deal with them and how long you should hold out for a settlement (in this case until the end).
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