Antonia Vs Lloyds TSB

[Antoniab]

Hi, I'm fairly new to all this, but here's a brief introducton. I sent my first letter on 14th May 2007, and received a standard response about bank charges being fair, blah blah, quite soon after that date. I sent 2nd letter on 30th May 2007, saying that I would be pursuing the claim to court and that without prejudice, would consider 25% less than I'm claiming for if response is within 14 days.

 

Not heard yet, and the 14 days is up next Wednesday. If I don't hear from them by next Wednesday, do I then proceed with a claim at court, forwarding a copy to the bank?

 

Any help appreciated.

 

Antonia

[Michael Browne]

If I don't hear from them by next Wednesday, do I then proceed with a claim at court,

Yes, see here:

Getting MCOL Right

 

 

forwarding a copy to the bank?

No, the court will do that

[Antoniab]

Thanks, so much. I've just looked at the link and the info is extremely useful.

 

By the way, I decided to ask for the charges less interest, which amounts to: £2,852.00, less 25% discount, but only if they pay up within 14 days.

 

I don't know if this will be useful, but I have some Terms & Conditions which I received after going over my overdraft facility. And I quote:

 

 

When you go overdrawn without agreeing it with us first, or when you go over the limit you agreed with us, we will charge you £30. We will charge you this amount each day your overdraft increases. We will do this up to a maximum of £90.00 each month.

 

When you borrow more than the amount we agreed with you we will charge you a higher rate of interest. We charge you at the LLoyds TSB Unauthorised Overdraft Rate, This is currrently 2.20% per month. This works out at an equivalent annual rate (EAR) of 29.85%.

 

When we are not able to pay cheques, direct debits or standing orders because there is not enough money in your account, we normally charge

£35.00 for each item of £10.00 or more we have not paid.

We will always tell you, on your statement, at least 14 days before we take any of the charges we make from your account. We wil also let you know the amount andf the date on which we will do this.>

Would it be okay to send with the bundle?

Antonia

[Antoniab]

I'll add to the thread that I was only over my o/draft limit because of illegal b/charges.

[Michael Browne]

because of unlawful b/charges.

[Antoniab]

Thanks for that, Michael.

 

Their 14 days were up on Wednesday and I haven't heard a sausage from them, so will be going to the court office for an N1 form tomorrow.

 

Antonia

[Michael Browne]

so will be going to the court office for an N1 form tomorrow.

 

Errr, Monday, courts are closed at weekends. Or download from here:

N1 Claims form in .PDF format with form filling

 

You can't save it, so once filled in print off several copies.

[remus]

4. Particulars of claim - N1 - hard copy version, Antb this shows you exactly how to fill the N1, and what you need to include on the form, no evidence ie statements needed at the moment.

[Antoniab]

Thanks, Remus. It does say attach a schedule of charges, so does that mean I attach a copy of all charges I'm claiming? Also, can the court fee really be 120 pounds??

 

I have another question. If I have an acoount which is in joint names, do I have to claim back charges in both names, and do we both have to file the claim or can I do it on my own?

 

Yours Antonia.

[remus]

sorry antoniab, yes attach your schedule of charges, which includes all the charges you are claiming for, (not the actual statements at this point)

Are you fee exempt? http://www.consumeractiongroup.c o....t.html?garpg=9

Yes it does cost, but once you get to court, the fees are part of your claim, so you can reclaim them.

Happy to be corrected on this one:p, the claim as it is a joint account should be in both names, but you can file the claim, ie a solicitor could do it on your behalf, ergo, you are claiming on behalf of both of you.

Hope this helps

Happy claiming:D

[Antoniab]

Thanks for that, Remus. Do I ned a solicitor at this point, because I haven't yet got one?

 

Antonia

[remus]

sorry again Antoniab, I was just emphasizing the point that 1 person can actually make the claim.

At NO point should you need a solicitor, as this is a self help site, and many people have done their claims themselves, as I am doing, with lots of advice from knowledgeable people, and they are all getting their unlawful charges back:D

Is the fee exempt any good to you?

[Antoniab]

Thanks again, Remus. I don't think I'd be exempt from the fee unfortunately. Do I just leave the bit at the bottom of the N1 form, blank, where it says solicitor details?

 

Antonia

[redeyedamo666]

"Also, can the court fee really be 120 pounds??"

 

Yes I paid £120. Fortunately for me my claim is just under £1500 so I didn't have to pay the extra £100 allocation fee, which you will have to.

 

It's going to be worth it in the end though, just think of all that cash!!!

[remus]

At the bottom of the N1, statement of truth, cross out the claimant believes, leaving I beleive, put in your full name, sign it, and cross out litigation friend +claimants solicitor, leaving claimant. and yes the box at the bottom stays empty as long as the address overleaf is where correspondance or payments are to go to.

shame about the fee exempt, but it will be worth it in the end;)

read read and read some:p more

[Antoniab]

Thanks Redeydamo. Do I have to pay the extra allocation fee when I pay my 120 pounds?

 

Also, Remus, thanks for the info. So, wherever it states Claimant do I put 'I'?

 

I've just had bit of a shock. When I changed accounts, I rang everyone to change my D/Debits. I did the same with a LLoyds loan, only to find they've not changed the details and I've now been charged 25 pounds for unpaid personal loan. Can I add this to the charges I'm claiming back??

 

Antonia

[Antoniab]

Can anyone tell me exactly how I establish a breach of contract (if it gets that far?).

 

Antonia

[remus]

The £100 AQ fee is further down the claim line, make sure you have read the frequently asked questions so you know at what stage you are at.

Have you spoken to anyone about the charge, as you are saying they haven't acted on your instructions?

At the stage you are at, you could add it to the schedule, as you have not put your claim in yet, once your claim has gone in, you would have to do an amendment, which would cost you £35 non refundable.

As yours is a joint account, the wording would be WE had an account.... at the statement of truth, you should leave the claimant beleives (not I)

Hope this helps:)

Read read and read some:p more

[Antoniab]

Thanks, Remus. I haven't yet put in the claim, as I want to make sure I know what I'm doing.:o

 

I have read some of FAQ's but think I'd better read some more. I tend to get a bit confused with all the info. My problem is I have limited access to the internet and my printer is on the blink, so can't print out stuff that would be useful to me to refer to at a later stage. I'll have even less access to the internet from Thursday, but I intend to try and get on-line whenever I can and follow all the great advice.

 

Thanks again, Remus.

[Antoniab]

Sorry, in answer to 'have I spoken to anyone about the charge?' Not yet, as I've only just seen it via internet banking. They sent a letter the other day saying I seem to have a low priority with my Lloyds accounts, and stated that I am over my o/draft limit (and that's because of more charges) and that I haven't paid last month's loan.

 

I rang them ages ago to change my account details to Barclays and they haven't done it!

 

Antonia.

[remus]

I think you need to speak to someone at LTSB about the loan, as LTSB will keep raiding your account/overdaft to pay it (have a read of other peoples threads with the same problem).

Yoy may have to set up a S/O to go into your acount to pay the loan, not sure:(

any one got any advice on the loan?

"low priority with my Lloyds accounts":eek: how dare you treat them like that:D

[ladyinred]

I had the same thing happen to me, i too had changed to another bank. Have just added that charge to my claim as it came before i did my court application.