Me vs Them

[French William]

Sent over an email with the preliminary approach for repayment letter yesterday to CONTACT.US@lloydstsb.co.uk yesterday, and have just received what seems to be the bog standard reply:

 

Thank you for the e-mail.

I am sorry to learn that you are unhappy over the level of charges you have incurred on your Lloyds TSB account.

Under the circumstances, your e-mail has been passed on to the Manager of the Complaints Unit within Service Recovery. I have asked that he notes your comments and issues raised and arranges for a response be sent to you at the earliest opportunity.

In case you haven't received a copy of our leaflet called 'How to voice your concerns' I've attached one to my e-mail. This tells you all you need to know about resolving your complaint with us.

Regards

Keith Boden

Lloyds TSB - Service Recovery

Birmingham

 

I've only had the Lloyds account for 10months, and have had £290 charges applied to it (I'm not very good at managing my accounts you see!), but have been able to skip the DPA request stage. Fingers crossed for the rest.

[Spiceskull]

Hi,

 

Welcome to the forum. Sorry it's taken so long to pick up on your post...for some reason it has been a little busy round here of late...

 

Good luck with the claim, stick to your timetable - not theirs, and keep us posted.

[French William]

Thanks Spice.

 

Had the standard 'I'm sorry you feel let down, but b*gger off...' letter from them last week. Been busy at work, so just sorting out my letter before action now.

 

Just a quick question, and sorry if it's already been asked elsewhere (I can't see it in the FAQs:p ): has anybody thought of/already tried, referring Lloyds to this messageboard?

 

Something along the lines of, "I am following advice as per http://www.consumeractiongroup.co.uk/ (or whatever more appropriate link) and so am motivated to follow this action through to its most likely conclusion, generally a full refund of illegal charges. Both Lloyds and I can be saved a lot of wasted time if this matter can be resolved with full payment now rather than after a default Small Claims' judgement in my favour."

 

If nobody has tried this, what are everyone's opinions? Think it would work? Or is it too much of a threat?

 

Anyway, just an idea.

 

LBA sent :grin:

 

FW.

[un1boy]

how's your claim going now? Any luck?

 

I, personally am not mentioning this site, and don't think anyone should - it's like showing them your next move.

 

Please leave it out of your letters!!

[nicsussex]

and remember the charges are not "illegal" they are unlawful!

[un1boy]

Hi,

 

Sorry for hijacking your thread quickly but I may be being thick here, but what's the difference?!

 

Thanks.

[barracad]

They are unlawful because it is a civil matter.

 

If they are illegal that would suggest it is a criminal offence, which it is not.

[brecken]

I have wrote to LLoyds giving them a last chance to settle, I outlined the cost to them before and after court claim,I tried to be reasonable by stating it would cost them a lot less to settle now than taking it through to court stage.

I didnt mention this site however cos I think they already probably know were we are coming from.

Anyway a letter like this can only help to show the court you have given them every opertunity to settle.

[French William]

how's your claim going now? Any luck?

 

I, personally am not mentioning this site, and don't think anyone should - it's like showing them your next move.

 

Please leave it out of your letters!!

 

Surely they know our next move, because they've witnessed it first hand hundreds of times over?!?

 

I haven't mentioned it anyway, it was just a thought. Wonder what they're reaction would be.

 

My letter before claim has been sent. I missed a week last week, because I was busy at work, so if/when i receive the standard 'no dice' letter from Lloyds I'm just gonna get cracking with my claim rather than wait the full 14 days I've offered them.

 

Will keep you posted.

 

FW

[mahala]

I know you've missed a week and would like to "catch up", but I would warn against hurrying to the next stage before the deadline you've set has expired. We all know that if they've relpied once it's unlikely they will again, but giving 14 days is more about showing a court that you have been reasonable in your time frame. This would be more difficult to do if you gave them 14 days to respond, but moved ahead after 8, for instance.

 

Just a thought.

[French William]

Will see how busy I am and what mood I'm in when i receive their letter. Although i do appreciate your point mahala.

[French William]

Just arrived home to a letter from those lovely people at Lloyds' Collections Centre. My account is in arrears: I have an agreed overdraft limit of £625 and I am £959 overdrawn. I am claiming £540, so having the charges the refunded would put me comfortably back below my OD limit.

 

The letter asked me to call the collections centre to discuss my 'financial problems', the conversation went something along the lines of:

 

French William: I'm calling to discuss the arrears on my account.

Collections Centre: Yes we like you to repay them immediately please.

FW: I'm not in a position to do that at the moment, however, i am currently in correspondence with Mandy Horton at Colmore Row in Brum regarding the refund of unlwaful carges made against this account totalling over £500, which will be enough to cover the arrears.

CC: What unlawful charges?

FW: Overdraft excess fees, returned dd fees etc.

CC: how are these charges unlawful?

FW: it's unlawful to aply excessive and disproportionate penalty charges for a breach of contract.

CC: well i know the charges are a bit hefty, but they are applied for a reason you know?

FW: regardless of the reason you've applied them, they are still unlawful.

CC: well that's not down to me

FW: i know

CC: are you doing this becase of all the stuff in the papers recently?

FW: i've read the coverage, yes. But my claim was started quite a few weeks ago.

CC: Oh right, cos you know that we've been given until September to decide what to do?

FW: who has given you until September?

CC: well we've been given until September to make a decision on what to do about all these claims that are coming in for bank charges to be paid back.

FW: Well i don't know about a september deadline, but as far as i'm concerned i gave you a 14 day deadline to refund my charges, and that was 3 days ago now. If i don't hear from you soon then i'll begin proceedings against you in the small claims court, and you'll have another deadline to make your defence, and i'm pretty sure it'll be sooner than september.

CC: well i don't know about individual cases obviously, and i don't think i'm alowed to comment on any of this. But that's what we've been told anyway.

FW: Right, well as far as my arrears go, youcan refund the unlawful charges, or wait until i get paid on Tuesday.

CC: Ok, so you can afford to pay us back on tuesday?

FW: Yes, although i'm sure you could afford to pay me back before then (I was getting abit cocky at this point)

CC: Ok sir, i'll make an entry on your record that you will repay the arrears on tuesday. And good luck wth your claim.

FW: Thanks, take care, bye.

 

The collection cenre staff at Brighton have obviously been told something is going to happen in or by September, you think?

 

Anyway, this call amused me a bit, so thought i'd post it up here.

[reduk054]

Mmm, interesting reading - somethings up!

 

I also spoke to collections today who wanted £1800 returned from me immediately. Advised of impending court case (the defense has a court order to provide further information so no date yet), and Lloyds simply said that they would put a note on my records, and await the outcome of the courts! No mention of September, but note that there are a few members on here KOTUM springs to mind and i think WOLFCUb who have a court date for first week in September! Any one got any inside info??

[reload]

If I remember right, I seem to recall mention that the OFT's recommended £12 limit comes in to effect from the 1st of September - IE: The banks have until then to decide what to do about their penalty fees. Not, as Mr Brighton Call Centre seemed to imply, to decide what to do 'about these court cases' - it's not up to them to decide what to do about them, it's up to the Judge.

[adamski]

Do any admin or mods have any view on this?

Regards

adamski

[French William]

Well I've gone ahead and submitted my claim through moneyclaim.gov.uk

 

I have a contract with Lloyds TSB Bank PLC,

conducted on their standard terms and

conditions. I am claiming return of money

taken by the defendant in the way of

charges over the last 11 months, totaling

£415.00. The charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2

(1)(e). In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15. I have asked

the bank to justify their charges but they

have declined to do so. I claim interest

under section 69 of the County Court Act

1984 at the rate of 8% a year from

(10/10/2005) to (26/06/2006) of £13.02 and

interest at the same rate up to the date of

judgment or earlier payment at a daily rate

of 8%. I therefore claim a total of £428.02.

 

I decided not to wait until the 14 day deadline was up, because they have made it expressly clear in their letter that that was their final response. I don't think there's anything to gain from waiting around another week, in fact it seems perfectly reasonable to start the claim now (in my opinion anyway).

[reload]

Good for you

[French William]

Also, a quick question:

 

I got a letter from Lloyds the other day informing me that £125 of charges are to taken from my account on the 9th July. I haven't included these in the claim, because i've not actually been charged them yet. At what stage, if any, can i add these in? I presume i'm still going to get them back at some point, but hopefully not have to carry on with another claim?

[reload]

I believe - most definately not sure, but I believe - you can enter these extra charges into the negotiation when Martineau Johnson send you a settlement offer. However, if you were to adjust your County Court claim it will either cost you an extra £35, or you will need to phone Nottingham County Court, cancel the claim, wait for a refund and reissue a new one for the correct amount.

[French William]

Thanks reload. I thought I'd read somewhere that people have added on an extra bit in negotiating with the solicitors.

 

Feel quite excited now i'm getting a bit closer to the end of the process.

[kazzaw]

I or you will need to phone Nottingham County Court, .

 

Did you mean Northampton? ;-)

[reload]

Did you mean Northampton? ;-)

 

Er, that'll be the one

 

Nottingham's more fitting though. Sherwood Forest, Robin Hood, robbing from the rich and giving to the poor, etc

[o0oliambeeo0o]

Hi French William, how are you? Just updating myself with your thread and im glad you are still full steam ahead, Interesting conversation you had lol, I think what Reload said about the Sept deadline is correct coz It rang a bell when I read your thread, good on you!!!!

 

Hope all goes well!

o0oLiamBeeo0o

[French William]

Thanks Liam, same for yours

 

Reload> kinda seems a shame it's not Nottingham now you've mentioned that

[o0oliambeeo0o]

Hi FW, ive just recieved my final response from LTSB, I did allow 14 days but they have replied after 5 days, im in two minds whether to allow full 14 days or just file with sheriff court on monday coming,

 

any advice?