Darren v Lloyds TSB***WON***

[dazzaboy2]

Hi guys,

 

Bit of advice needed. I used to have an account with these cowboys which was closed about 3 yrs ago. They also registered a default on my credit record. Now I am 100% sure that the charges they took from me over the years are a helluva lot more than the defaulted balance.

 

When I write my SAR, can I also challenge the default in the same letter or should I write a separate letter for each issue.

 

Thanks............

[sarah13]

darren, take a look in the library- there are templates for this. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html the time to refer to your default is when you send the prelim request for repayment when you have details of all the charges http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html this letter has the default piece included. hope it helps and good luck!

[dazzaboy2]

Well,

 

I managed to get a hold of the account number and sort code from my local branch and have sent off my SAR.

 

They are apparently going to phone me when my statements are ready for collection.

 

We'll see lol.......................

[dazzaboy2]

Hi guys,

 

Quick question. I'm just going thru my statements from Lloyds. The charges are nicely highlighted at the bottom of each page. However in the lists of charges, there is also a figure for o/d interest on some of the pages. Can I claim this back also? It is definately listed as a charge. However I am unsure if this applies to my authorised or unauthorised o/d interest.

 

Thanks.........

[GaryH]

No. OD interest is not claimable, nor are any account service charges - ie for the 'select' account, etc.

 

Its the 'default' type fee's which your after, such as OD excess, OD usage, unpaid DD, etc.

[dazzaboy2]

Well guys,

 

Prelim sent 26/01/2007.

 

Lets see what happens now......

[dazzaboy2]

Reply recieved today saying "our charges are a service" blah blah and "we don't agree with the OFT" blah blah and " we ain't giving you them back" blah blah.........

 

We'll see.........

 

LBA time lol

[minx_xxx]

Go for it

I'll be reading ur thread with great interest as i've just sent my prelim letter today so your a step ahead of me

Wishing you the best of luck

 

Jen

xxx

[dazzaboy2]

Hi all,

 

How does this POC look? I'm a bit behind with this claim...........have been distracted by my win of £5.6k from BOS lol.

 

Just need a quick double check of this!

 

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The Claimant had an account, sort codes XXX, a/c no XXX with the Defendant, opened 1992 and closed 2003. 2. Since 01/12/2000 the Defendant has debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amount debited of £1027.50; (b) Subject access request fee, £10.00. 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

Claimant wishes to claim interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% a year from 01/12/2000 to 01/03/2007 of £367.95 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.22p per day.

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Thanks all!!

[dazzaboy2]

Well thats it done,

 

N1 completed, will be sent to court in the a.m.

 

Here we go again!!

 

[GaryH]

N1? What you posted above are actually the POC for Moneyclaim.

 

Here's the proper N1 POC -

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[dazzaboy2]

They have submitted a defence at the 11th hour......surprise surprise!

 

I have to complete an allocation questionnaire by the 10th of April.

 

This is their defence:

 

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1. The defendant LLoyds TSB Bnank plc (the bank) is a Bank whose registered office is 25 Gresham Street London ECV7HN. It is admitted that the Claimant has been a customer of the Bank at all material times.

 

2. By opening an account with the bank, the customer enters into a commercial arrangement with the bank for the provision of banking services. The bank is entitled to, as part of the arrangement, to charge for those services. At account opening, a customer is provided with details of the banks charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, not withstanding that they are an expense to the bank. Such services include, but are not limited to, providing:

 

cheques

bank statements

the facility to make payments by direct debit and standing order

debit cards

ATM's

 

3. By maintaining the account in credit, or within any limit agreed with the bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for payment to be made from the banks own funds. If the bank makes a payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the bank explains that "there are normally no charges for everyday banking at Lloyds TSB when your account is in credit".

 

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services such as copy statements, we will make a charge. This guide explains how these charges work and when they will apply. If you want to use a service that we haven't listed we'll tell you the cost of that service before you give us the go-ahead".

 

4. There is no brach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre estimate of the banks loss.

 

5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following months statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

 

6. The charges are fair and reasonable, and it id denied they are unlawful.

 

7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.

 

8. In the premesis:

 

8.1 The charges are for banking services and are not damages nor a penalty.

 

8.2 The bank is entitled by contract to impose the charges, which are fair and reasonable.

 

8.3 It is denied that the charges are unlawful or contravene any statute or regulation.

 

9. The claimants claim is denied in it's entirety. It is further denied that the claimant is entitled to the sum claimed or to any sum from the bank.

 

Stetement of truth etc etc.

 

Sechiari Clark Solicitors, Brighton

 

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Now this is where I panic lol, HBOS never even submitted a defence when I sued them for almost 6k and I won by default. This as a result is all new to me now!! Is this a pretty standard defence from Lloyds?

 

I'll complete the allocatiuon questionnaire over the next couple of days.........

 

Feedback on the defence appreciated!

[GaryH]

Totally bog - standard. Its the same one they've used since the beggining, word for word

Heres some help with the AQ -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

[dazzaboy2]

Hi guys,

 

A little progress here now. I completed the AQ a while back and sent it down to the court. I used the 'new' approach posted here on the site, i.e. respectfully asking that the judge order Lloyds to disclose costs etc.

 

I recieved this in the post today.........

 

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District judge xxxxxx has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

It is ordered that:

 

1. The hearing of the claim will take place at 10:00 on the 30th July 2007 at Bournemouth County Court and should take no longer than 1 hour.

 

2. The court must be informed immediately if the case is settled by agreement before the hearing date.

 

3. Each party shall deliver to every other party and to the court office copies of all documents (including any experts' reports) on which he intends to rely at the hearing no later than 21st May 2007.

 

4. The original documents shall be brought to the hearing.

 

5. Each party do send to the other party at least 5 working days before the final hearing their skeleton arguments - that is their note as to the relevantlegal principles that apply to the claim.

 

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What now? I presume this means the judge has not agreed with the draft order for directions?

 

I take it I just go ahead and send all the relevant stuff to the court and to Lloyds and then hope they make an offer?

 

Thoughts appreciated as always.

 

Cheers guys..................

[stevokenevo]

Hi Daz, i didnt realise you had other claims on the go, i thought you had bailed after seeing off BOS ;-)

Cant help you with your Q as its the english system again , but just want to wish you all the best.

I have recently made succesful claims for my O/H and my Bro which included C.C.I, i had to read and reread your thread until i got my head around it but i got there in the end, so thats 4 down and one too go, unless anymore of the family rope me in.... ........ .......

[dazzaboy2]

Stevo,

 

This is my 3rd now. Won against BOS and Virgin Mastercard.

 

Still got BOS Visa and Barclaycard to go.

 

Bos Visa haven't even sent me my statements yet tho..........they're being very slippery!!

[GaryH]

See this thread -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

The thread "Bong v Barclaycard" I believe has a skeleton argument example posted on it.

[dazzaboy2]

Guys,

 

I don't know if this is old news but it's kinda got me worried. It would appear that Lloyds have indeed appeared in court and WON their case against a customer claiming charges.

 

Heres a link to the article:

 

Bank costs ruling blow to customers - AOL Money

[dazzaboy2]

Right guys, one victory for them or not, I'm marching on!! They ain't beating me!

 

I'm just preparing my court bundle which I need to send like days ago but am unsure which set of T&C's I should include.

 

I've been on that archive site linked in one of GaryH's posts and they have loads..............but which should I use? I opened the account in the early nineties and am claiming back charges for the last 6 years.

 

Which ones should I include??

 

Thanks as always.

[LISAM696969]

i've been wondering exactly the same thing hopefully some brainy person an naswer this query , and good luck lisam

[GaryH]

Use the oldest ones you can find - then also include ones where an amendment has been made, etc. Stick a couple in.

[dazzaboy2]

guys,

 

I'm desperate!! My bundle is ready to go to court....and it's overdue , I'm praying they have a backlog!

 

I need a copy of the T&C's and I can't get it. The website archive thing won't give me anything.

 

Does anyone have a scan or link or something I can print out and add in quickly?

 

If not it I will have to submit my bundle without them.........

 

If anyone can help theres a beer in it for you!!!

 

HELP!!!

[dazzaboy2]

Ok guys, call me daft but what part of the archive website do you need to click to get the t&c's?? I got on to the site but dont know where to go ffrom there.

 

Ta

[sarah13]

i can let u have a copy of my bundle- what do you mean by tc's?

[dazzaboy2]

sorry, I mean the terms and conditions. I can't find a copy anywhere