Moneyclaim help needed

[gem24]

Hi, I am considering making a Moneyclaim court application on behalf of my partner against Lloyds bank plc for return of unfair bank charges approx 6/7 yrs ago which were refused by the normal process. These charges put her in a spiral of debt which has continued to this day.

I need to know who to direct the claim towards at Lloyds bank plc, and whether I should add a claim for mis sold PPI to the claim.

Thanks for any help offered, best regards, Tom.

[gem24]

Charges started 2005/6 and continued to 20010/11

[ashmk]

I can't answer your question directly but here is some reading that may help.

 

http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

[ashmk]

Just re-read your original post and see you say it was refused the normal way.

[gem24]

Thanks Ash

[filrobbo]

I got £2500 of charges back from the Halifax about 3 years a go if you email me I will send you a letter you can adapt for your claim (Edit)

Edited May 27, 2013 by maroondevo52
Removed e-mail address.

[maroondevo52]

filrobbo,

 

It's not a good idea to post your e-mail address on a public forum, I've removed it.

Can't you post up the letter to this thread.

[gem24]

Yes, when all the claims were stopped by he court process.

[filrobbo]

I will av a go when I get home I got money back from Halifax but Yorkshire bank are proving much harder

[gem24]

Cheers Filrobbo. I have prepared a moneyclaim court application in case Lloyds decide not to play ball. Let us see them defend £2500 in defaullt charges in one year to a part time working housewife earning £5200 a year to the court.

[filrobbo]

You can try this letter:

Dear Sir/Madam,

Re. Account number:

Iam writing to request that you repay all the default charges that have beenapplied to my account. I do not believe these charges reflect thetrue cost to the Bank.

I now understand that the regime of fees which you have applied to myaccount in relation to arrears, letters, and so forth are unlawful at CommonLaw, Statute and recent consumer regulations. If you say that they are not,then will you please demonstrate this by letting me have a full breakdown of thecosts to which you have been put by as a result of my breaches, in order toreassure me that your penalties really do reflect your costs.

 

Your charges do not reflect any actual loss; instead they appear torepresent a lucrative profit-making scheme. The actual loss is the cost ofautomatically sending me a computer generated letter. I would respectfullysubmit that is valued at no more than £2.

Your charges appear to representan unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI.1999/2083). My account falls within the scope of Regulation 5 of the Unfair Terms in Consumer ContractsRegulations 1999 as I am a consumer. Your charges constitute an unfairpenalty under reference to paragraph 1(e) of schedule 2 of the saidregulations: Indicative andnon-exhaustive list of terms which may be regarded as unfair - 1. Terms which have theobject of effect of - (e) requiring any consumer who fails his obligation topay a disproportionately high sum in compensation’.

Finally if you are going to say that there was no breach of contract andthat these charges are for a service, then I will argue that you have attemptedto restructure accounts in order to present events of default spuriously asadditional services. I must remind you that the UTCCRs are concerned with theintention and effects of terms, not just their mechanism. For example, a chargefor 'agreeing to' or 'allowing' a customer to exceed his credit limit is nodifferent from a charge for the customer's 'default' in exceeding his creditlimit.

For the avoidance of doubt I nowrequest a copy of the original contract that I signed with you and a copy of the terms and conditionsthat we received at that time along with any subsequent amendments to theseterms and conditions until they reflect your current terms and conditions. AlsoI request a detailed report of which clause, in the terms and conditions, eachcharge had been applied against.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to atthe time that I opened my account. It is an implied term of that contract thatyou would conduct yourselves lawfully and in a manner which complies with UKlaw.

 

I am frankly shocked t reposed confidence in your integrity and expertise as myfiduciary. I consider that your repeated representations that your charges arefair and reasonable are deceptive and that they have deceived me into agreeingto pay them. Your concealment of the true nature of your charges has preventedme from asserting my full rights .

What I require

I calculate that, as at today’s date, you have taken a net total of £xxxx plus as I believe I havebeen unlawfully deprived of the money I have calculated £xxx interest at the statutory rate, of 8% theamount the court will award.

I therefore ask that yourepay me the full amount of £xxxx.I have attached a full schedule of the charges and interest with this document.

Targets to resolve this matter.

I hope that you will enter into a sincere dialogue with me about this matterand write on the assumption that you will prefer to do this rather than merelyrespond with standard letters and leaflets.

 

You have 10 working days, from receipt of this letter, to reply unconditionallyaccepting my request in principle and letting me know a date by which I willreceive payment.

 

If you do not respond, or do not respond positively, within this time period, Ishall send you a further letter before action allowing a further 10 workingdays in which to reflect. I believe that these targets are more than sufficientfor a large company such as yours with dedicated staff and departments.

After that will be no further communication from myself and I shall issue aclaim at the expiry of the second deadline.

I look forward to hearing from you by return.

Yours faithfully