j1mgg v Lloydstsb(using FSO to claim over £1500)

[j1mgg]

Here is my situation Lloyds TSB

26/02/07 sent letter detailing charges(£1820)

12/03/07 got standard reply saying they are in the tc's

13/03/07 sent letter advising of possible court action

at the end of this week it will be past 14 days and no reply.

 

By reading other threads i have found out i can no longer do 2 claims as i live in edinburgh and the court wont accept it.

 

I called the FSO today and they are going to send me a pack out and the guy is also going to send another letter to lloyds on my behalf.

 

I would greatly appreciate to hear from people that have used this route or in the process of this

 

Thanks

[maroondevo52]

Hi, j1mgg.

 

Sorry don't know much about the FSO but think I might have to read up a bit as BOS are still due me £5,115.00. I have already had one successful small claim against BOS at Edinburgh Sheriff Court and was worried when I put in a Summary Cause claim against the same account, but on my return date BOS did not respond so I'm just waiting on the court sorting out my decree against them. I know people are saying they are throwing out second claims but this did not happen to me, maybe just luck !

 

Best wishes with your claim.

 

Regards.

 

Scott.

[lol114]

Hi J1mgg,

 

Hi I have sent my lba to lloyds for the sum of 5876 pounds, but although I stated on my letter that I would be taking court action against them I am going to go down the FOS route first. The reason being if they cant help you, you still have the option to go to court. But if you go to court and lose you cant then go to the FOS. Of course this may take longer but the way I look at it I never had the money all this time I can wait and still keep giving Lloyds a headache, I am in it for the long haul. I feel for claims above 1500 in scotland, we should try the FOS first. Again, we have nothing to lose.

 

 

best wishes

[j1mgg]

Thanks for both of the replies.

 

I will keep you updated, just waiting on info pack from FSO

[j1mgg]

Just an update:

i have filled out the FSo pack and sent it back by recorded delivery with a copy of all documents i have sent or recieved from lloyds

[Perseverance]

I am at the same stage as you. If you haven't already, take a look at the link on my signature which will give you more info about the ombudsman. It also costs the banks £360 for every complaint that somebody makes to FOS (whether they win or lose). They must just hope that people are put off taking it this far - don't be!

 

Perhaps somebody could let me know why people (whether here or in England) are going down the court route. All the banks have paid out on a goodwill basis when referred to FOS and (as yet) the Ombudsman has not been required to make a ruling.

[Jaybabes]

Doesnt the whole process take longer when using the FOS ?? I was under the impression it did... my court papers are ready to be filed next week but if I can avoid that route without waiting to much longer then I would certainly look at using the FOS... especially if it costs the banks more hehe

[Perseverance]

When I spoke to FOS a couple of days ago they said that as long as I had a reply from the bank mentioning that I had the option to contact FOS then, due to the high no. of complaints they were receiving, there was no need to wait for the 8 weeks to have elapsed.

 

I don't think it will take longer than going to court looking at some of the times that people are waiting to have their case heard. Also, if you have been to court & lose you cannot then refer it to FOS, however, if (for some reason) the bank do not refund due to a FOS complaint, then you are still able to take the legal route.

[Jaybabes]

Just 1 more question then... do the FOS still award the 8% judicial interest or is that only if it goes to court ??

[Perseverance]

No, you can't claim interest. They have awarded compensation for inconvenience, stress etc in other cases. I'm unsure if anybody has tried adding this to a charges complaint- give them a call, they are extremely helpful and will give you guidance.

[Jaybabes]

will do .. thanks for that

 

[judi3]

They have awarded compensation for inconvenience, stress etc

 

 

I have a claim also through fos just started they have instructed the bank to investigate within 8 weeks and if i feel they have not put thingd right for you write to the fos again .

 

i want compensation and a loan and ppi repaid who decides on the amount and do i request it with the lloyds now in this 8wk investigation

[Perseverance]

I would list all your complaints to LLoyds. You tell lloyds how much you want to claim, if they don't pay then refer it to FOS. If the bank do not offer to settle (i.e goodwill gesture) then the ombudsman decides whether to uphold your complaint - if he does agree you have been treated unfairly he instructs lloyds to compensate you as he see fit.

 

Have a look on the FOS website, it has examples of claims and the type of compensation awarded if successful.

[knoxvillain]

j1mgg, could you post what you put on the FOS form? Cheers