2nd claim against Lloyds

[munchkin0110]

Hi Folks

 

I started my second claim against Lloyds a few weeks ago (1st claim thread = me v Lloyds TSB - which is on its way to being settled).

 

I have received the standard fob-off letter stating that their charges are for 'extra services'. Has anyone got a suitable argument for this so I can put this in my reply?

 

I have put together the following draft letter but as it's a mixture from different templates and I have tried to relate it to this charge for extra services point, I'm not quite sure whether it makes complete sense or correct.

 

Also in their standard letter they have added at the end that they note from their records that I have already issued a court claim for repayment of these fees and that their solicitors are dealing with it. They seem to have got mixed up - this is a new claim for a different account!

 

I wonder if someone could please comment on the letter below in case it doesn't make sense.

 

“I refer to your letter dated 23 April 2007 and would respond as follows:

Regardless of whether the Bank provides information to customers about any charges that will be added to accounts for exceeding agreed limits etc, it is the amount of the charges which are in question here.

I believe these charges are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms which may be regarded as unfair, such as a term that requires me, as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation. I believe your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999.

 

If your charges are indeed charges for extra services, they must therefore be a genuine pre-estimate of the administrative costs likely to be incurred by you by providing these services. In order to reassure me that they really do reflect your costs, I once again request that you provide me with a breakdown and proof of all costs involved with regard to your actual or liquidated losses involved to which these charges relate with yourselves and that these charges reflect your true costs in relation to the said charges and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999 Schedule 2 (e). I would expect this to include a comparison of all charges levied against all customers and the actual costs incurred by you by providing these extra services.

You mention in the last paragraph that from your records you note that I have issued a court claim for repayment of charges and that your solicitors are dealing with this. That particular claim is regarding my joint account. This letter is regarding a separate claim for my sole account, details as above, and as such I advise you that I am prepared to file a court claim for this claim as well, if necessary, although I sincerely hope it will not be.

Your solicitors have sent me an offer of full settlement for that claim. They mention that Lloyds TSB [Here I have quoted from their letter but as it’s marked Strictly Without Prejudice don’t want to publish it here in case it affects my settlement]. This is particularly relevant as Leeds County Court is transferring all claims of this nature to the Mercantile Court.

In that respect, I once again request full repayment of the charges taken from my sole account totaling £732.50 and enclose another schedule of charges for your reference.

I will give you a further 14 days to review the content of this letter and respond positively with an offer of full settlement before taking the matter further.”

 

Any comments greatly appreciated. Thank you