Price v Lloyds TSB

[moosetastic]

Hi everyone. This is my first post on this site and I am thoroughly excited about claiming my charges back.

 

I sent my S.A.R - (Subject Access Request) letter on Wednesday to my branch (was too eager and didn't read the threads first, sorry, smack my hand ), so I'm hoping that its gone to the right place.

 

So, 38 days to go and counting! Will keep you all posted, and please be gentle with me! ;-)

[Michael Browne]

Welcome.

 

Ok, I don't normally do gentle, but I'll try

 

Please read the FAQs (and step by step guide).

Please make sure that you're confident about the process and various stages involved.

Please realise that ultimately you could end up in court, so you need do do your homework.

Please ask any questions on your thread here.

That's the last time I'm going to say please.

 

Best of luck.

[moosetastic]

Thanks Michael, well Ive got time now to read up on everything, and don't worry, after some threads on here I'm not gonna give up, thats for sure!

 

Thanks for all the advice, and I will post regularly to keep you all up to date.

[moosetastic]

hi all.

 

well, i spent about an hour last night going through my online statements, back until july 2002, so far £495! seriously cannot wait now for all my statements to come back!!

[moosetastic]

Ok, update time..........

 

I got my statements back on Thursday, and when Ive totalled it all up it comes to £1052.50 :o :D (edit, i added it up wrong!)

 

So, time for the prelim letter to go! Does this go to my branch?

[Jakena]

I'm sending my next letter to Customer Service Recovery Centre

125 colmore Row

Birmingham

B3 3SF

 

As this is where I've had my last response from.

[walgrave]

I sent my first letter requesting a refund to my local branch but got a reply from Birmingham, so from then on I sent all correspondence to them.

[moosetastic]

thanks jakena and walgrave, ill do the same x

[moosetastic]

ok, blimey that was quick, sent letter 1st class recorded on Monday, and got reply back today, which reads -

 

"Thank you for getting in touch with us. I am sorry you are unhappy over your account charges.

 

Like any business, we do make a charge for some of our extra services. When a customer doesn't have enough in their account to cover a pyament, this always means additional work. We must either make the payment for you via and overdraft or send the payment request back. Either way, it has to happen speedily. We feel its only fair to charge for the extra work involved.

 

Of course it is only fair too, that we're completely open to about any charged for services before you take them up. Thats why we take care to provide every new customer with the latest guide to our charges. You can also get up to date details about our fees and borrowing rates at al our branches, via our helpline and on our website.

 

Just as importantly, we do everything we can to help our customers avoid charges altogether.

 

I'm sure you'll know how easy it is to keep a running check on how much is in your account. You're free to get an up to date balance at any of our cash machines, over the phone, online and nowadays even by text to your mobile.

 

If you know a payment is going to take you over the limit, you're welcome to see if we can raise your limit - and we can usually give you a answer straightaway. You might know, too, that we don't ususaly charge fees if its the first day in 12 months that you;ve gone overdrawn without agreeing it with us beforehand. And we never charge an overdraft excess fee more than three times in any one month, however many times you go over the limit.

 

You;ve mentioned the new guidelines from the OFT on credit card default charges (didnt put this in the letter, but whatever!!) We dont agree with the OFTs thinking on this and we're are still talking it through with them. But the important point is that the guidelines only concern "default charges". The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard prices for the service we provide in these situations. So according to our legal experts, the OFTs guidelines on credit card default charges do not in any way apply.

 

I do hope you can see that we make our charging system as fair as possible, and why I cannot agree to cancel your charges. In case you haven't received a copy of our leaflet "How to voice your concerns" I've enclosed one with my letter (she didnt but whatever!!) This tells you all you need to know about resolving your complaint with us.

 

If you;re still unhappy, please don't hesitate to tell me what more you would like me to do. If we cannot agree a solution at that point, I can help you refer your complaint to the Financial Ombudsman for independent review............... yada yada yada"

 

Is this letter standard procedure? Ive looked through some of the forum posts and dont seem to see a letter like this anywhere. Any help would be massively appreciated

[Michael Browne]

Yep, bog standard, so 14 days after the date of the prelim, send them our bog standard reply - the LBA

[moosetastic]

Yep, bog standard, so 14 days after the date of the prelim, send them our bog standard reply - the LBA

 

 

Thanks Michael, will be waiting the 14 days as I now have to make things stretch till the end of August when I can afford the £120 small claims fee!! Watch out TSB, here I come!!

[freebird]

God how I hate all this game playing, I should be doing my online court application right now but instead I'm hiding from bailifs.I'm just so sick of it all. I've got my youngest disabled daughter ill, and I'm trying to get my head around the online claim and which way I can avoid the bailifs !

a very sad, and tired Freebird........

[moosetastic]

well, lba letter has now been sent today. im seriously getting excited about this. I have even mentioned all about it at work, and several people were extremely interested!

 

im sorry to hear that freebird, it cant be easy. i know what debt is like though, and being a carer for my husband for the last 3+ years hasnt been easy.

 

If you ever want someone to talk to, feel free to drop me a line

[moosetastic]

well, I only sent my LBA 2 days ago, and got this reply today -

 

Dear Mrs Price

 

I am just writing to let you know that we've received your further letter - and to say how sorry I am to learn that you remain unhappy with us.

 

 

You have my assurance that one of our assistant managers will investigate the concerns you have raised with us - this may take a little time but I would expect our enquiries to be complete within the coming 2 weeks. We will then be able to respond in full to your complaint and at that stage, I hope, resolve matters between us.

 

Yours sincerely

 

Daphne Tipper (Mrs)

Customer Service Advisor

 

Is this normal? Havent seen this kind of reply on the forums?

[freebird]

hya Moo, I'm sure I've seen this in the Lloyds thread before and I think that it was sugested that this was general stalling tactics...again trying to get us to "wear" down, which of course we won't...................

we're just going to have to sit tight and ride the course!

I'm so impatient now..lol...and their delaying tactics and making us wait till the 11th hour is waring thin now, with me, I feel like phoning up and saying, come on guys we both know that, you're playing games and you will bottle near the end......!!!but of course I won't....I'm just sittin on my hands and biting my tongue ...lol.....

Freebird x

[Janet-M]

Do not let them dictate the time limit ..Once the 14 days you gave them is up go on to the next step.

[moosetastic]

Do not let them dictate the time limit ..Once the 14 days you gave them is up go on to the next step.

 

 

will do mjanet, have been reading your post btw, you are a great inspiration to us all!!

[moosetastic]

only till friday to go now until i make my claim, and havnt heard a thing back! getting seriously nervous now, but I know its all gonna be worth it

[moosetastic]

had reply today, basically thanks for your letter, we respect your frustrations but you're not getting a penny!

 

So, Moneyclaim will be going ahead tomorrow I hope, if I have the funds. Any words of advice?

ps i already read somewhere on the forums that if you are in receipt of Work Tax Credit with a disability element you may be exempt from the court fees? Is this true? The disability element relates to my husband (we claim WTC jointly) but I am making the claim against TSB on my own. Does this make a difference?

[moosetastic]

anyone know this? really need to know as filing my claim today

[Michael Browne]

You need to phone your local court to find out whether you qualify for exemption and what documentary evidence you need to show etc.

 

If you do, you cannot use moneyclaim, but have to file in person using form N1

[freebird]

Moose, check this link out

CompactLaw - court fees

 

if you qualify you need to take proof of benefit with you, recent letter from DHSS will suffice and proof of residency, utility bill etc.

good luck

[moosetastic]

thanks Michael and Freebird once again for your great advice.

 

I think I'm just going to pay for the fees and claim them back anyway. It will leave me a little short, but that should be nothing compared to around £1500 back.

 

Does it make a difference if you wait a little longer than the 14 days before submitting the claim? Im gonna have to wait until thursday to get the extra few pounds to make up the £120. Will it hurt my claim in any way?

[Michael Browne]

Does it make a difference if you wait a little longer than the 14 days before submitting the claim? Im gonna have to wait until thursday to get the extra few pounds to make up the £120. Will it hurt my claim in any way?

 

Not at all, you can file at a time convenient to you, tomorrow, next week, or next month.

[moosetastic]

Thanks Michael, I appreciate all your good advice