Hudu V Lloyds (Getting Money Back)

[hudu]

Hiya fellow crusaders.

 

I have spent a good few days in the reams of info of this site and clued up as much as is possible.

 

Tonight I do a recount on the approx 4956 pounds that they have creamed from my accounts over the last few years.

 

Then (gulp) I'm going to attempt to bash it all into a spreadsheet over the weekend

 

Hopefully my first letter will go out next week.

[BARTY]

Hi

Good luck and lots of patience to you!

Barty

[hudu]

Thanks Barty.

 

Does anyone (mods or site people) know how long the CAG letter stickers take to be delivered roughly?

[hudu]

I have my charges split into seperate items.

 

Really could use some advice as to what to include in schedule and what not.

 

Are 'overdraft excess fees' claimable?

[BARTY]

Overdraft excess fees are claimable, anything else you are stuck on?

Barty

[hudu]

Thanks Barty.

 

I think I'm going to take this letter to my branch and ask them to write me a reciept to say they have it.

 

I'll rather enjoy that bit.

[hudu]

Thanks Barty.

 

I think I'm going to take this letter to my branch and ask them to write me a reciept to say they have it.

 

I'll rather enjoy that bit.

 

 

Before I go and do THIS ^^^^^^^^

 

Can anyone advise that it is indeed a good way to deliver, or should I post to head office or something?

 

Barty, my gaurdian angel...are you there?

 

Anyone?

[GaryH]

Hi Hudu,

 

Yes, hand delivery to the branch is fine, so long as you get a receipt. They will then send it to the Service Recovery centre in Birmingham though, which is the department that deals with charges complaints. You may want to send it directly there, which is what most people do, but its up to you - eithers fine. Heres the address;

 

Martin Orton

Manager

Customer Service Recovery Centre

125 Colmore Row

Birmingham

B3 3SF

[hudu]

Thanks Gary.

 

I think i would prefer the 'personal banking' method at this juncture. Just so nothing is stalled or lost in the post. At least then I have hard copy proof it has been delivered to my friends at Lloyds, CAG sticker adorning the envelope.

 

The long and winding road begins.

 

[GaryH]

Excellant. Good luck - not that you need it, just patience! - and keep us informed:)

[hudu]

Hand delivered to branch yesterday. Copy of each page stamped, signed and dated.

 

I left them with the nice original copy on very posh letter paper and the quip, "No, you keep the original, I won't be charging you 30 pounds for it."

 

I reccomend the CAG stickers. They were noted from the off by the senior staff member, who seemed to know exactly what it was all about.

 

I'm in for the long run.

[hudu]

Can anyone proffer a bit of tactical advice?

 

I managed to get 4 years of my statements online and the year prior I got the statements from and insider at the bank.

 

This saved me the pain of waiting for the DPA demanded 6 years worth of accounts....but leaves me with only 5 years worth in my claim which I asked for in my approach letter.

 

If they do not pay the 5 years, i made clear I would go to court for the full six years - in the hope they may see a cheaper option would be to cough up.

 

If they don't pay and i do take the court route, would it be ok to send the DPA request out next week if they have not responded? It will cost me the extra 40 or so days.

 

Would it stand me in better stead to say I'm being nice by only asking for the 5 years worth when it comes to court?

[GaryH]

If they do not pay the 5 years, i made clear I would go to court for the full six years - in the hope they may see a cheaper option would be to cough up.

 

I know where you're coming from, I really do, but this just ain't how things work I'm afraid!

 

a) The money is not an issue to the bank, well, it most certainly is'nt the main issue anyway. 5 years or 6, £4000 or £5000, it really does'nt make a blind bit of difference to them. Damage limitation is by far the greater concern. In their eyes the harder they make the process the more people will be put of claiming.

b) Lloyds never, ever, pay up before you issue a court claim. They steadfastly refuse to budge on the issue insisting that their charges are fair and legal and that you are not entitled to a penny. This policy will not change in the foreseeable future. To pay you the 5 years becouse you'll go for more if you have to issue a claim is tantamount to an admission that some, or all, of it is owed. Not Lloyds style.

 

If they don't pay and i do take the court route, would it be ok to send the Data Protection Act request out next week if they have not responded? It will cost me the extra 40 or so days.

 

I'd get it off ASAP if you want to claim the other years worth. No, a delay won't make any difference.

Would it stand me in better stead to say I'm being nice by only asking for the 5 years worth when it comes to court?

 

In my opinion, no, it would'nt. It is important to maintain the moral high ground in that you behave reasonabily and fairly in all negotiations and attempts at settlement, etc, and that you attempt, where possible, to mitigate your loss. However, this does certainly not stretch as far as actually reducing the amount of your claim. This could even in fact imply a weakness in your case.

[hudu]

LBA was delivered to the branch on Thursday 30th.

 

I'm also going to deliver a DPA request for full breakdwon over 6 years to get my other year in too. Hopefully that will come before court stages so I can amend if necessary. Will be worth the extra few quid.

 

Just a quick question if anyone can advise...

 

I'm currently claiming around 4700 pounds and thererfore its a small claims issue. If I go ahead with that amount and then get the DPA request back and find that there is another 1000+ (Which i expect) for the year that is currently not filed, will this then move me out of the realms of small claims and will I then have to re file the claim to a different court?

 

Hudu

[christinajanep]

hi hudu, if the total amount is over £5000 then yes it would i'm afraid, alot of people would do it in two stages claim half now and when you get that back claim the other half

christina

[hudu]

hi hudu, if the total amount is over £5000 then yes it would i'm afraid, alot of people would do it in two stages claim half now and when you get that back claim the other half

christina

 

Thanks Christina.

 

Will stick with the last five years then - and go ahead with that as a seperate claim. Will see what the figure is for the 1st of the six years when i get the DPA response.

[GaryH]

You would not have to re-issue your claim if the amount exceeds £5000. All it would mean is that at the allocation stage it would probably go into the fast track rather than small claims. This is more an advantage than a disadvantage in my opinion, but there is a very small risk of being lumbered with costs if you were to lose.

[hudu]

S.A.R completed today so that I can hopefully get the extra year either in on this claim, or separately later on.

[hudu]

Christmas joy?

 

I had a 'full and final settlement' offer today of 750 pounds.

 

This falls 2 days outside my LBA expiry date.

 

From rejection of settlement letter in advice...

 

If their offer letter arrives very close to the expiry of your LBA expiry (perhaps within a couple of days), you can proceed with your claim without sending another letter - they have effectively denied your claim and you would only be extending the timescales.......

 

Do I now write the letter? Or shall I use their tactic of stalling (until that nice xmas bonus arrives in my bank account)

 

Can I hope to lay my hands on this, having not worked or had benefits for the last 3 (!) months (The joys of self-employmet:-( )...or will the bank wait for a response before they transfer?

 

Advice greatly appreciated...

[hudu]

Nothing in the account yet though, except an OD of 126 quid caused soley by charges.

[TANZARELLI]

Christmas joy?

 

I had a 'full and final settlement' offer today of 750 pounds.

 

This falls 2 days outside my LBA expiry date.

 

From rejection of settlement letter in advice...

 

If their offer letter arrives very close to the expiry of your LBA expiry (perhaps within a couple of days), you can proceed with your claim without sending another letter - they have effectively denied your claim and you would only be extending the timescales.......

 

Do I now write the letter? Or shall I use their tactic of stalling (until that nice xmas bonus arrives in my bank account)

 

Can I hope to lay my hands on this, having not worked or had benefits for the last 3 (!) months (The joys of self-employmet:-( )...or will the bank wait for a response before they transfer?

 

Advice greatly appreciated...

 

Did it say on your letter full and final settlement?

 

I had same offer but it just said it would be credited into my account. It was in there today and I have sent them this letter which feel free to adapt and amend to suit. Also my letter was dated 13th dec from them and I filed on the 12th dec. The money was in my account 21st dec. Hope this may give you some idea of the timescale you might expect.

 

In my letter I said:

 

[My address]

Lloyds TSB Bank PLC

25 Gresham Street

London

EC2V7HN

Your reference: HW/AND/********

Re: Account number ********

Response to settlement offer.

 

Dear Karen,

Thank you for your letter dated 13th December 2006 in which you issued your second final response. I also thank you for the £750.00 which you credited to my account.

You should by now be aware of my letter sent to you, dated 12th December 2006, which said that I have filed a claim with the County Courts, Claim Number 6QZ927**, for the full charges total of £823.00 plus interest at 8% totaling £95.93, which gave a balance of £918.93 due, continuing at 8% at a daily rate of £0.16.

I will accept the sum which you have credited to my account, only as part settlement and on the clear understanding that I will continue with my claim via the County Courts to pursue recovery of the remainder that is outstanding. If you wish to bring an end to this litigation then I request you refund the outstanding balance, which is as of the date of this letter £170.37, to my account immediately.

 

I trust this clarifies my position.

 

 

Yours faithfully

Tanz

 

Tanzarelli

[hudu]

Thanks Tanz. My rejection is on its way. The fight continues.

 

As of today i am 750 quid better off.

 

Merry Christmas all.

 

hudu

[hudu]

Rejection letter went before Xmas.

 

MCOL online is going in tomorrow (250 Quid!!!!)

 

My brain hurts from interest calcs.

[TANZARELLI]

Rejection letter went before Xmas.

 

MCOL online is going in tomorrow (250 Quid!!!!)

 

My brain hurts from interest calcs.

 

Stinger, remind me exactly how much is your claim ish??

 

Tanz

[hudu]

Stinger, remind me exactly how much is your claim ish??

 

Tanz

 

Just under six grand - the (edit) gits. Less the 750 'part-settlement' i enjoyed over xmas.

 

Its not til you see it all written down in front of you that you realise how bad it got. Some months there were nearly 400 quid in charges - ended up taking loans to pay back lloyds what was really legally mine.

 

You got a court date yet mate? Think we're around the same stage...

 

 

Moderated .. potentially libelous