mumonamission v Lloyds Tsb ****WON****

[mumonamission]

Hi,

 

I, like many others, have been following the Unfair Bank Charges programmes on the TV, recently, TODAY with Trevor McDonald. Sooo, I have taken the bull by the horns and am posting off my Subject Access Request (SAR) letter to Lloyds TSB plc via Recorded Delivery, along with the obligatory £10 Fee (Their REGISTERED address to send to is Lloyds TSB plc, Registered Office, 25 Gresham Street, London, EC2V 7HN). Will let you know WHEN we actually receive something. I really have no idea how much I have paid, but know that it is alot with the Unpaid Direct Debits, Overdraft Excess Fee, Overdraft Interest Fee and Unpaid Cheque Bank Charges. Best wishes,

[barracad]

Good luck!

 

Keep us posted.

[reload]

Good luck, and welcome to the club!

[mumonamission]

Well, on checking today, I have found that, surprise, surprise, ROYAL MAIL lost my Recorded Delivery letter to the bank (I should of checked before the 40 days were up, but with three children all under 8! - I naively expected to just receive the bank statements). I now have to file a claim for a lost letter (can claim a maximum of £1!) via Royal Mail for the price of a Recorded Delivery letter; and have to start all over again sending a letter to the TSB. I am also now worried about the bank details/full name and address and signature on the lost letter...... Things are never straight forward are they?..

[mumonamission]

:o YOU WILL NOT BELIEVE THIS! - I can't believe it myself. Having just rang the Royal Mail who CONFIRMED that the Recorded Delivery letter I posted to the TSB was LOST and to complete a claim Form, and having rang the TSB who confirmed that they HAVEN'T received my letter. The Postman has quite literally JUST delivered my STATEMENTS!! in a very large brown envelope from the TSB!!!! (Birmingham branch). How odd is that??..

 

Can someone please confirm what I am allowed to claim back and what they are allowed to charge??.. HELP!!. I have Account Charges, Unpaid D/D charges, Overdraft Excess Charges, Overdraft Interest Charges, Account Charges. I'm anxious to get the next stage sent off! - Can anybody please help??!!.

 

Thank you

[mumonamission]

Well, I found out the details I was asking for myself!! - by reading other people's Cases. I also sent off the first letter to the bank on the same day as receiving the statement copies.

 

I have received a reply from TSB this morning, dated 2nd August 2006 from Sharon Jones, Customer Service Advisor at Colmore Row, Birmingham. Basically a standard letter telling me

 

"I am just writing to let you know that we've received your complaint - and to say how sorry I am to learn that you're unhappy with us.

 

You have my assurance that we will investigate the concerns you have raised with us - this may take a little time but I would expect our enquiries to be complete within the coming 2 weeks. We will then be able to respond in full to your complaint and at that stage, I hope, resolve the matters between us.

 

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

 

Yours sincerely.

 

 

 

**CAN ANYBODY PLEASE ADVISE ME as to whether I do give them another 2 weeks to give me this information? - as the deadline in my letter means that next Thursday (one week later) I should be sending the next letter in the chain. HELP PLEASE!!. Thanks

[sproggi]

No, don't let them dictate the timetable. It is YOUR action against them, so they need to abide by YOUR timetable.

 

If you have not received your money back from them by next Thursday, you need to send the LBA.

 

Go get 'em

Sproggi

[mumonamission]

Hi All

 

Just to update that I have just finished the LBA letter, going to post it tomorrow via 1st Class Recorded Delivery.

 

Wish me luck! - will keep you updated!

[christinajanep]

best of luck.. keep us updated on what you get back.

christina

[mumonamission]

Hi there, I have received a reply from the TSB, a standard letter from a Ms Musarat Siddique, Customer Services Officer at Colmore Row, Birmingham. Two pages long basically telling me "

 

thankyou for getting in touch, sorry you are unhappy. When a customer doesn't have enough in their account to cover a payment, this always means additional work for us. We must either make the payment for you via an overdraft or send payment request back. Either way, we feel it's only fair to charge for the extra work involved. Of course it is only fair too that we're completely open about any charged for services before you take them up, that's why we take care to provide every new customer with the latest guide to our charges. You can also get up to date details about fees and borrowing rates at ALL our branches, via our helpline and on our website. Just as importantly we do everything we can to help our customers avoid charges altogether. I'm sure you will know how easy it is to keep a running check on how much is in your account. You're free to get an up to date balance at any of our cash machines, over the phone, online and even to your mobile texted. If you know a payment is going to take you over the limit, you're welcome to see if we can raiase the limit on your account, and we can usually give you an answer straightaway. You might know too that we don't usually charge fees if it's the first day in 12 months that you've gone overdrawn without agreeing it with us beforehand, and we never charge an overdraft excess fee more than three times in any one month, however many times you go over your limit.

 

You've mentioned the new guidelines from the Office of Fair Trading on credit card default charges, we don't agree with the OFT's thinking on this and we're still talking it through with them. But the important point is that the guidelines only conern default charges. The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard prices for the service we provide. So according to our legal experts, the OFT guidelines on credit card default charges do not in any way apply.

 

I do hope that you can see that we make our charging system as fair as possible and why I cannot agree to cancel your charges already paid.

 

This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. I have enclosed their leaflet that outlines how to contact them.

 

Yours sincerely. "

 

 

Can someone please advise what I do now!!. What is the website address where I start the next phase??.. HELP PLEASE!!. Thanks

[mumonamission]

I am trying to file my Moneyclaim - on the Particulars of Claim - am I right in putting

 

We have a contract with the defendant bank which is conducted on their standard terms and conditions. We are claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's 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.

We have repeatedly asked the bank to justify their charges but they have declined to do so.

 

 

Do I need to say anything about the 8% interest?. If so - what do I say?. HELP!!.

 

It is a joint account for me and my Husband.

 

Mumonamission

 

DOES ANYONE READ MY THREAD???

[blueskies]

I am trying to file my Moneyclaim - on the Particulars of Claim - am I right in putting

The Claimants have a contract with the Defendant which is conducted on their standard terms and conditions. We are claiming the return of money taken by the Defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's 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.

We have repeatedly asked the bank to justify their charges but they have declined to do so.

The claimant

claims interest under section

69 of the County Courts Act 1984 at the

rate of 8% a year from the date of each

charge to [date of claim] of £xxxx

and also interest at the same rate up to

the date of judgment or earlier payment at

a daily rate of 0.022% or £xxxx

 

Do I need to say anything about the 8% interest?. If so - what do I say?. HELP!!.

 

It is a joint account for me and my Husband.

 

Mumonamission

 

DOES ANYONE READ MY THREAD???

 

Items in red need adjusting Claimant and Defendant are always capitalised

[bearo]

hey there, i feel like that sometimes too, dont worry i am sure someone can advise you on this - if you cannot get any reply by the end of the day i am sure if you pm a site helper or a mod with the link to this thread they can take a look at it for you - meanwhile although i am not at this stage and cannot really help I am bumping your thread for you in the hope soneone will see it soon!

Best of luck

Sharon

[mumonamission]

Thank you all. I just hope I get the % workings out right.

 

Do I need to log somewhere on this site to say I have got to this stage? - or just carry on typing in my thread updates.

[blueskies]

When you receive your claim number you can PM a mod to be included in the litigation in progress section

[mumonamission]

Hi there,

 

Well, I'm shaking now!!. Just been through moneyclaim and filed my case against Lloyds TSB. Claim Number is 6QZ59934. I had to pay £120 in fees. Who do I need to tell? Sorry to sound thick but what does "PM a mod" mean??..

 

Thanks

 

mumonamission

[closey]

It means send a private message to a moderator with your claim number and amount.

 

Good luck x

[blueskies]

Sorry for talking in jargon, I forget that some people are new to the site and don't know what PM means.

 

You will need to tell the mod how much your claim is for as well.

 

Good luck with your claim and if you post a question on here and don't get a reply then either send a private message to a site helper or mod or find one of us in the chat room. We don't ignore threads but as there are so many we sometimes miss them every now and then.

[christinajanep]

Hi momonamission,

 

i'm a mom on a mission as well... would you mind if i add you to my buddy list as i'm at the same stage as you...

 

thanks

christina

[mumonamission]

THANK YOU so much for your help blueskies I suppose I just have to sit back and wait now.....

 

 

Hi Christina

 

Yes please do list me on your buddy list; are you at the same stage as me, having just filed through moneyclaim to the TSB?

[christinajanep]

Hi, i'm due to put my claim in on monday, but as they have replied again today telling me to bugger off i was going to put it in earlier as they have replied... what do you think.

[mumonamission]

Hi there,

 

Annoying aren't they - the TSB. If I were you, I'd wait until Monday (if that is when your deadline to them ends) at least IF they let it go all the way to Court, they can't say you didn't allow the time you stated you would in your letter to them.

 

I feel alot happier now I have filed the moneyclaim, I allowed them a couple of days longer than I said I would, which I know I didn't have to do - but it was more to my convenience than theirs! (my sister's Wedding!). Let me know how you get on when you file your claim.

 

Best wishes,

 

Angela

mumonamission

[christinajanep]

will do

[mumonamission]

Just an update. I have received the Notice of Issue from the County Court telling me that Lloyds have until 23rd September to reply. I have also received the next day, a letter from Moneyclaim of Lloyds response - a Notice that Acknowledgement of Service has been filed; and that Lloyds TSB intend to defend ALL of this claim. Signed by Lloyds Solicitors Sechiari Clark and Mitchell of Brighton.

 

What do I need to do now??.... HELP!

[closey]

Wait to receive a copy of their defence and in due course the court Allocation Questionnaire. Once you receive this you will need to return it to your local court along with payment. There is help in the bank templates library with how to fill in the AQ.

 

Don't panic, this is totally standard for Lloyds. Once you have returned the AQ that's when you will get a settlement offer. There is still a way to go, but you're getting there!