The issues raised by Llloyds bank defences and claiming beyond 6 yrs

[cyprusgirl]

hi everyone i have just joined the consumer group today after reading on the martin lewis web site i am currently in the process of reclaiming over £4000 from lloyds tsb just started the small claims court papers should be issued tomorrow i have read that the next stage would be for them to put in a defence does anybody know what happens after this as now starting to feel a little nervous, i only started the claims on line after 2 letters back stating no money basically i have 2 sets of statements waiting for the courts and solicitors as i have read these may be needed but apart from that i am totally lost and comments or help regarding the next staep would be great many thanks

[sickandtired]

Hi, just joined. Any advice on how to get started?

[BARTY]

Hi, just joined. Any advice on how to get started?

 

Hi & Welcome!

Firstly start up your own thread, call it "sickandtired v LTSB" or something. Then have a read of these links:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Then if you have any questions ask them in your own thread.

Good luck!

Barty:)

[BARTY]

hi everyone i have just joined the consumer group today after reading on the martin lewis web site i am currently in the process of reclaiming over £4000 from lloyds tsb just started the small claims court papers should be issued tomorrow i have read that the next stage would be for them to put in a defence does anybody know what happens after this as now starting to feel a little nervous, i only started the claims on line after 2 letters back stating no money basically i have 2 sets of statements waiting for the courts and solicitors as i have read these may be needed but apart from that i am totally lost and comments or help regarding the next staep would be great many thanks

 

Hi & Welcome!

OK you need to start up your own thread, and ask any questions in there.

You should receive a copy of their defence and you may get an Allocation Questionnaire to fill in, come back and tell us if you get one.

Keep reading round as much as you can and have a read of these links:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Good luck!

Barty:)

 

 

[stevie3900]

have recived letter back from llyods saying im not entiteled to my charges back could somebody give me some help

[zooK]

Hi

I've sent my first letter requesting 6 yrs worth of statements and havnt received a reply within 40 days, (the letter was recorded delivery and included a £10 postal order - which I think could have been a mistake, as I imagine they may simply say they havnt received the letter).

 

I'm just wondering what to do next, if I want to claim for >6yrs should I hold out for a court ruling?

 

Any help much appreciated

[cyprusgirl]

hi i have read a couple of replies and have been advised to start my owm thread and then i can ask questions etc... but i dont know how to do this can any one help me !! thankyou sorry for being stupid but new to all this

[cyprusgirl]

Hi

I've sent my first letter requesting 6 yrs worth of statements and havnt received a reply within 40 days, (the letter was recorded delivery and included a £10 postal order - which I think could have been a mistake, as I imagine they may simply say they havnt received the letter).

 

I'm just wondering what to do next, if I want to claim for >6yrs should I hold out for a court ruling?

 

Any help much appreciated

 

 

hi i am new to this too but firstly i went into my bank in person with the first letter to save time i also got as much info from online banking also as this let me go back to july 02 when you request statements ask for the listing of bankcahrges not statements as they can charge you for each statement but for the listings of charges is £10 one off payment which they have to provide you with under the data protection act within 40 days, then work out how much money you are owed then send your first letter requesting the money back you can either do your own or use one of the templates either on this site or the martin lewis web site i used my own ... hope this helps you slighty but there are lots of people on here willing to help good luck

[zooK]

hi i am new to this too but firstly i went into my bank in person with the first letter to save time i also got as much info from online banking also as this let me go back to july 02 when you request statements ask for the listing of bankcahrges not statements as they can charge you for each statement but for the listings of charges is £10 one off payment which they have to provide you with under the data protection act within 40 days, then work out how much money you are owed then send your first letter requesting the money back you can either do your own or use one of the templates either on this site or the martin lewis web site i used my own ... hope this helps you slighty but there are lots of people on here willing to help good luck

 

Thanks for the help!

[photoman]

hi i have read a couple of replies and have been advised to start my owm thread and then i can ask questions etc... but i dont know how to do this can any one help me !! thankyou sorry for being stupid but new to all this

 

Cyprusgirl

Go to here:

http://www.consumeractiongroup.co.uk/forum/

 

Find the name of the Bank you are acting against.

Click on it (the name of the Bank in Bold Blue)

You will then on that page find a label saying "Forum Tools" (just under the list of page numbers).

Click on it, and it will show you some options.

Firstly, it's a good idea to subscribe to the Forum ,as then you'll recieve updates about people in similar situatioins against the same Bank. So click on Subscribe. It will ask how often you want updates (Personally I like Daily).

Once Subscibed to the Forum it will redirect you back.

Hit the same button and choose "Start new thread"

Give your Thread a title eg: cyprusgirl v whatever bank

(choose how often you want updates of anyone posting responses in your thread)

 

Then your up and running !

 

Whilst your there, you might want to take some time to have a look at some of the threads by people taking action against your same Bank, very helpful. Remember any threads you want to follow, you can either choose the thread tools button and choose subscribe to thread, or whenever you make a post in that thread it will automatically subscribe you to that thread.

On the main page I've posted for you above, you'll also find lots of highlighted "stickies", which have lots of very informative stuff in them too.

[RopeyDonkey]

BankFodder your post regarding Lloyds' standard defense makes interesting reading, but if it comes to court (or at least in the build up to court proceedings) is it likely that we will need to argue that point? Or is it simply the case that eventually some poor person will be picked on and they will have to go head to head properly? I am happy to ignore the standard responses but at some point i assume I may have to 'prove' that these charges are penalties, so does anyone know of a formally constructed legal argument ready for this scenario? Or are these implications from OFT etc enough? Sorry to be a little vague but its late and i never went to many Law lectures

[GaryH]

Its highly unlikely that you'll have to argue this in court - Lloyds have had well over 300 claims brought against them in the last year - and guess what? they've paid out every one (eventually!). Having said that, they are holding out later and later, probably in the hope that claimants will trip up in the final stages - this is why you need to be fully prepared.

 

As for legal arguement, see the witness statement in this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

You should still endevour to understand the issues for yourself though.

[julesh]

Hiya everyone:) . Am new to this forum and have just drafted our letter to LTSB. We only joined them in in January 2002 so we are under the 6 year rule and as I an organised freak, I happen to have all our statements with the exception of a few here and there. Can anybody answer if people who have claimed charges back against LTSB have been threatened with account closure and do all claims against LTSB have to go to court? Or has anyone got their fees returned without going to court as with other banks?

[BARTY]

Hiya everyone:) . Am new to this forum and have just drafted our letter to LTSB. We only joined them in in January 2002 so we are under the 6 year rule and as I an organised freak, I happen to have all our statements with the exception of a few here and there. Can anybody answer if people who have claimed charges back against LTSB have been threatened with account closure and do all claims against LTSB have to go to court? Or has anyone got their fees returned without going to court as with other banks?

 

Hi & Welcome!

Lloyds don't usually close accounts, but have a parachute account ready just in case. They very rarely pay up before a Court claim has been filed. They tend to drag things out as long as possible.

Start up a new thread of your own and if you have any further questions you can ask them on there.

Good luck!

Barty:)

[Pen]

Hi, but the do as a rule offer a GWGP hoping you will except and go away. no one does though.

 

Pen

[mumof4by1996]

Hi BANKFODDER, I have just read your lloyds defences article and was fascinated as I have a letter from them using that strategy, unfortunately i think i only started going overdrawn after startig work, but what the hell, i have written back asking for all my bankstatements today. This article was exciting , informative, a huge boost in my confidence where reclaiming was concerned. I only hope thousands more people read it and feel the same way. I have one question though, and this came to after reading another thread about other banks using this strategy, is that when they refute your claim at the second letter do ypu think that they are likely tp respond quicker and more positively if you tell them that they are concealing? as well as going to small claims.?

[Pen]

Hi MUMof4, sorry I am not bankfodder but just read your post:: I honestly think the only way the banks will respond any quicker is if the courts where to fine the banks the total cost of each and every hearing for each case they had no intention of defending. Each case must cost thousands of pounds in tax payers money which could be put to much better use. it's a diabolical waste of public funds. Which needs to be addressed. Why won't the Judger's do this do the banks have some sort of hold over them. There must be some reason

 

Pen

[julesh]

Barty thanks very much. I will set off a new thread. Can I just add what a great idea this website is!!!! Thanks again.

[olympic1805]

Hi Bankfodder, i am thinking of starting a claim against Lloyds on my business accout, quick estimate that it could be anything between £10k upwards, am i right in applying for all charges as far back as when business acount started (9 years) as no 6 year limitation with Lloyds ?

[meagain]

[...] I honestly think the only way the banks will respond any quicker is if the courts where to fine the banks the total cost of each and every hearing for each case they had no intention of defending. [...]

 

This is called "wasted costs", and the courts can issue a "wasted costs order" in certain circumstances. IANAL but I get the suspicion that being on the small claims track may rule out such an order (ICBW). In general, though, they are generally awarded against solicitors who have continued with an action contrary to the best interests of their clients. It could be argued that the banks' solicitors are well aware that they can only win by default (i.e. if you fail to turn up to the hearing), and therefore they are wasting both their clients' and the courts' time and money.

[Pen]

Sorry if someone has already asked this question but How far back can you claime, I thought the limit was 10 years for some unknown reason

 

Pen

[meagain]

By the looks of things, as long as you like, but you have less than 6 years from now to get them all.

[mumof4by1996]

Sorry if someone has already asked this question but How far back can you claime, I thought the limit was 10 years for some unknown reason

 

Pen

 

Hi Pen Iread somewhere i think it was here on CAG that the limit you can claim for is 12 years.

[photoman]

Hi Pen Iread somewhere i think it was here on CAG that the limit you can claim for is 12 years.

 

There is NO time limit at all in cases of concealment or mistake.

You can claim back to as far as you can prove charges were taken, by citing sec 32 of Limitations act. ie; as far back as you have or can obtain statements.

You do however only have 6 years from the discovery of the concealment or mistake in which to lodge a claim ie 2012 if take OFT report in MaY 06 as the date that you claim you became aware of the concealment.

This of course applies to English law. I know nothing of Scottish law other than it is slightly different.

[Pen]

Hi Meagain, Gary, PM and anyone else who wants to contribute for that matter.

 

Meagain, after being awarded judgment for none compliance against Lloyd's, which demonstrates I have done everything in my power to get my bank statements post and pre 6 yrs. I have done what you suggested. in relation to estimating my chargers. I have took the balance of the last 5 yr chargers £6,800 and divided them by 5 to get an annual figure of £1,360 I have times this by 20 yrs, (although I have been with the bank for near on 30) so as to be totally sure. this figure comes to £27,200 as a estimated cost of unlawful chargers on our joint account only over the past 25 years, 20yrs -the 5yrs which I am claiming in court. So in view of doing everything i can to get my SAR information and the bank not complying do you think i could possibly stand any chance of winning against the bank for this estimation of costs of unlawful chargers.

 

Bearing in mind the banks have informed me in a letter that they have not retained any information on our joint account post 6 yrs. So even if the judge orders them to comply if they have not got them as they say they will be unable to comply with the court. If they do have them great I can go for the whole 25 yrs, 30yrs-5yrs I am claiming which will bring the unlawful chargers debit from our account even higher. But if as they say they do not have them how would they be able to defend the case, they could not say the chargers where not debited as they will have no information to prove whether they where or not. I on the other had have 5 yrs of statement's proving the average annual chargers that have been unlawfully debited.

 

Would anyone else consider this course of action if they where in my shoes. I would be worried I could get hit with a whole of related costs if I lost as the case would need to be heard in the multi tract.

 

Also I have not added interest to the figure of £27, 200. so the end amount would be a huge amount, not got as far as working that one out, if any one would like to try using CI please feel welcome, I am not that good at maths.

 

Would your all mind giving me your honest opinion of what you would do in my position. as I am seriously considering this action if I do not get my statements from the bank, even if the courts have demanded there return. if the have destoyed them then theres nothing a court can do to get them back

 

I look forward with interest to your honest replies so please give me some.

 

thanks

 

Pen