POKERFACE V Lloyds TSB

[pokerface]

Hello all, was really pleased when I came across this site as I have had quite a few fines over the last 5 years. I reckon somewhere like £800 - £1000 worth.

I do have a few reservations though – I used to work for Scottish Widows who are owned by Lloyds TSB. As such I had a staff account. This has since not been revoked, but to be honest the benefits are worthless anyway, apart from the fact they gave me a loan on staff rates which is 6.4%. It was for £11,000 and was about 2 and a half years ago now.

When I left I don’t know if SW let them know I am not a member of staff anymore or what, but nothing has happened in regards to the loan payments.

I am worried that if I pursue this line of recovering my fines that they may put my loan on normal rates which would probably be something like 12 or 14 % knowing them.

I also have bad credit so would have trouble getting anything better than 14% on the market.

I have sent the initial letter off anyway to get the total amount of fines and charges anyway, but what are your thoughts?

Will keep this thread updated on any progress.

Thanks

(identity retained for obvious reasons)

[barracad]

Your loan will be covered by a seperate contract to your bank account, there is nothing they can do about your loan, unless there are any specific clauses regarding termination of employment.

 

Good luck!

[pokerface]

Ok - got the stuff back from Lloyds and added it all up. £542 in charges which totals £656.26 after I add the 8% interest. I am about to type up the second letter but one thing I wasn't sure about - do I include all the overdraft interests which they charge me every month? Normally around £3-£4

 

Or is this ok for them to do that?

 

Thanks!!

[nicsussex]

No you can only claim for the )/D interest that is directly a result of the charges(usually too complicated to work out at this stage!). Also remember you can't add the 8% until the claim is made at court.

[pokerface]

Oh thanks, so right now I should be asking for £542?

[LondonPam]

Yes, just the £542. The interest doesn't get added until the court claim stage.

Good luck.

[pokerface]

Ok - I have had the letter saying they are sorry I am unhappy over the charges etc and referring me to the Ombudsman.

 

I can't find the appropriate letter to send next though. Could someone put the link here for me?

 

Ta!

[adamski]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-letter-before-action-consumer.html

[pokerface]

Thanks Adamski - one thing though, at the beginning of the letter it does say that they have failed to respond to my letter, which isn't true because they did to say they wouldnt repay me? Should I change that?

 

Thanks again

[barracad]

Just change it to "failed to respond positively..."

[pokerface]

Hi all - I have now received the next letter back referring me to the ombudsman.

 

Am I right in thinking that this is the link I should use next:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

Thanks!

[pokerface]

UPDATE

 

I have sent my moneyclaim court issue which was issued on the 3rd August, and the total was £1248, as I added on my other Lloyds Account in the end as well.

 

They have 12 days as from today to respond!

[paulson1985]

good luck

[pokerface]

28 days today.....and they have submitted a defence! Oh well, I guess I wait for the solicitors letter to arrive now?

[reload]

You'll receive an Allocation Questionnaire through from the courts soon Pokerface - it'll come with a copy of the Bank's defense. You may also receive a copy from the bank themselves.

 

The standard Lloyds process varies a bit from here, seemingly dependent on which solicitor Lloyds put you through and how busy they are. One may make you an offer before it is necessary to return the AQ, another may drag the process out until you actually have a court date before they make a settlement offer.

[pokerface]

I got the AQ yesterday from the court. Is it worth hanging on to this for a few days to see if the bank send me anything?

[reload]

Which solicitor are defending? If it's SC&M, from what I've read it won't be worth waiting. In my own case, Martineau Johnson were a bit less poker-faced, and caved when I called them to ask if they wanted to settle.

[pokerface]

It is SC & M - Shall I just get this off today then?

[reload]

No reason not to

[pokerface]

Still had nothing back from anyone, that normal?

 

Sent the AQ back on the 9th.....

[pokerface]

Received a letter from SC & M today, enclosing a copy of the AQ they sent to the court and requesting a copy of the one I sent to the court. They sent it right on the deadline day.

 

Should I have sent them a copy of my AQ originally, and should I do it now?

 

Do they normally take this route of action?

 

Thanks!!

[pokerface]

Can you believe I am still waiting for Shoreditch and Clerkenwell court to come back to me about this? Every time I call they say they are behind.

[pokerface]

GOOD NEWS - Had a letter today from the solicitors saying they want to settle out of court for just over £1,303!

 

Didn't have time to read the letter properly but I will post again tomorrow as am out tonight!

[BARTY]

Congratulations!!! :D

By the way, did you get a court date?

Barty:)

[pokerface]

Hi - no I didn't get a court date - the Shoreditch and Clerkenwell court took so long it was crazy, I submitted my AQ ages ago and each time i called they said they were behind and it would be looked at in a couple of weeks!

 

Anyway I assume they contacted S C & M as they have sent me the letter which says they intend to defend the proceedings on the basis my claim is incorrect and then lists 5 reasons why it is.

 

Then it says they are discussing the legal basis for these charges with the Office of Fair Trading, but as the costs of going to court would be more then the charges they are willing to settle.

 

5 conditions including the confidentiality agreement (oops) and I just need to sign and return it.

 

BIG thanks again to this site for helping me, and I will be making a contribution as soon as I get the ££££ in the bank.