Taking Lloyd's bank to small claims

[Mrscurious]

I need help understanding a letter sent by tlt acting on behalf of Lloyds bank. I originally asked them to refund bank charges given reasons. They refused and said they acted accordingly. I then decided to take them to court. First their solicitor asked for an extension, then sent me a letter labelled "defence" on it. Some parts I don't understand. Such as:

"The defendant will say the claim is statute barred." However, I still have a default on my credit report.

Also they claim I didn't give them an opportunity to respond to the complaint. I did!! Hence the court action.

Then they said I failed to prove I was in financial difficulty. I have evidence as bank statements and approached step change.

The last bit they said " I invite the court to strike out the claim under CPR 3.1 and 3.4. what does that even mean?

[Amethyst]

Re: Taking Lloyd's bank to small claims

Would you be able to post a copy of your particulars of claim.

They sound like they are saying that the charges were applied over 6 years ago ( as it is charges you are claiming )
Did you include hardship in the claim? Had you informed the bank before / during the time they were applying charges that you were in hardship ?
What grounds did you give for reclaiming the charges ( saying they were unlawful/unfair etc ?)
CPR 3.1 and CPR 3.4 basically means they don't think you have any case to speak of ( legally ) and ask the court to just strike it out before taking it any further.

Have we got background on this on here? ( I'll have a look at your other threads two secs )

Okay not much info

http://legalbeagles.info/forums/show...497#post766497

So far it's showing as "requested". Claimed for late fees and interests on over draft. For £500. It was overdraft that I eventually lived off, financial hardships, over draft fees made balance go over the unplanned over draft and they also allowed me to increase my overdraft limit repeatedly.

( just looking at your previous posts, did you get the cheque from Trades Gateway in the end? They are small peanuts compared to Lloyds so don't expect this to go a similar route to that one )

[Mrscurious]

Re: Taking Lloyd's bank to small claims

Yes, step change approached them in 2012 about my hardship situation. They kept on charging every month. Eventhough I stopped using the account. It was in overdraft and their charges made the balance go over the limit and charge me again the month after. Same circle happened till 2014 and finally the account was closed. They filed a default in 2013 and sold my account. I claimed from November 2011 (which would have been within 6 years from when the complaint was issued in November 2017). I would love to attach the letter but I don't know how. Can you advice please?

[EXC]

Re: Taking Lloyd's bank to small claims

Yes, step change approached them in 2012 about my hardship situation. They kept on charging every month. Eventhough I stopped using the account. It was in overdraft and their charges made the balance go over the limit and charge me again the month after. Same circle happened till 2014 and finally the account was closed. They filed a default in 2013 and sold my account. I claimed from November 2011 (which would have been within 6 years from when the complaint was issued in November 2017). I would love to attach the letter but I don't know how. Can you advice please?

At the bottom of the 'quick reply' box click 'Go Advanced' and then click the paperclip icon at the top of the reply box.

If you get stuck e-mail it to admin@legalbeagles.info

It would be good to see the defence too.

[Amethyst]

Re: Taking Lloyd's bank to small claims

Can you email me it please: admin@legalbeagles.info .

I just want you to be careful as recently someone else made a bit of an 'off the cuff' claim against Halifax for bank charges ( same bunch - used TLT solicitors too) and ended up with a £6.5k costs bill against him, thankfully it seems TLT have let him off the costs on condition he makes no further claim against the bank. ( his thread is http://legalbeagles.info/forums/show...6-Halifax-Bank ) There might be a way to reclaim these charges but ANY bank charge claim made at the moment will be strongly defended against by the banks.

[Mrscurious]

Re: Taking Lloyd's bank to small claims

Done. Thanks for the advice. I'm just concerned that if they believe it's over 6 years ago, can I ask them to remove the default?

I believe I have a case. Just worried that they're using this over exaggerating language to confuse me

[Amethyst]

Re: Taking Lloyd's bank to small claims

Okay I'll have a read through xxx

[EXC]

Re: Taking Lloyd's bank to small claims

I'm just concerned that if they believe it's over 6 years ago, can I ask them to remove the default?

The 6 years will run from the default registration date, not when the charges were made.

[Mrscurious]

Re: Taking Lloyd's bank to small claims

Thank you

[Amethyst]

Re: Taking Lloyd's bank to small claims

Okay. The claim will need some work if it's to proceed, you don't have any formal legal grounds for claiming the charges back in there. Just having a read of the defence.

With regards the credit file, if you were still using the account up until 2014 and it was closed that year ? then the default will stay on your file until 2020 ( 6 years from when it was defaulted ) Were any of the charges you are claiming applied AFTER 2012 and your notifying them of financial difficulties ?

[EXC]

Re: Taking Lloyd's bank to small claims

Also, how much is currently outstanding on the account?

The bank account seems to have switched to & from fee paying accounts, did you ever complain about that?

[Mrscurious]

Re: Taking Lloyd's bank to small claims

I wasn't using the account after 2012 but the account remained open and the only transactions in it are the bank charges. I also notified them of financial difficulty from 2012, I also left the county for 6 months from November 2012 (I have visa to show this), I lost my job and left. I came back April 2013 and was on income support.

The bank charges I am claiming for is from November 2012. I knew I couldn't do much before then as it would be 'before' the 6 year limit.

[Amethyst]

Re: Taking Lloyd's bank to small claims

Okay, you've already been through the ombudsman on this. Assuming you did not accept the ruling they made ?

From their defence you topped using the account in Sept 2012 ? Didn't inform bank of financial difficulty until Sept/Oct 2014 and since that point interest and charges were suspended, They refunded £390 of charge/interest and allowed a £1 month repayment of the remaining overdraft ( about £3k ). You're claiming around £500 ? ( is that all correct ? )

Was it you doing the upgrade and downgrade between the different accounts ? ( seems a bit haphazard in 2010 )

Do you still have an outstanding balance on the rest of the overdraft / still paying at £1 a month ?

You then sent a letter quoting the UTCCR in November 2017, then issued the claim in December ( but didn't mention the UTCCR in the claim )

Para 17.4 & 17.5 is about the only part of the defence I can disagree with, but without a massive overhaul of the claim and investigation into the full history of the account you're going to really struggle to even get an argument against that in front of the judge, and the risks vastly outweigh the claim value for the moment.

You'd need a clear illustration of how the charges applied cause you to go over the overdraft each month. You haven't actually included a breakdown of the charges claimed - did you do that in your original letter to them ?

[Mrscurious]

Re: Taking Lloyd's bank to small claims

Close to £3000. Debt change helped me come up with an agreement and pay £1 every month

Yes, I got some of it back and accepted their offer.

Do I have a chance to be heard in court?

[Amethyst]

Re: Taking Lloyd's bank to small claims

You accepted the FOS ruling? Was that the £390 refund mentioned in the defence ?