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Hi One and All.
For the benifit of claiming newbies who perhaps may be finding going up against Lloyds a bit off-putting due to their supposed 'victory' I thought I would post an edited and streamlined version of my story. It was completed several months ago now and can be firmly placed in the successes section.
1st June 2006 – Sent Data Protection Act request via email. Received a letter back about 2 weeks later which I had to sign authorizing them to debit a tenner from my account for the privilege.
23rd June – Received statements and print outs of charges. They owe me £565.
5th July 2006 – Sent First Request for repayment of charges – received usual letter thanking me for contacting them (as if) and then politely telling me where to go.
26th July 2006 – Sent the letter before action and as expected got back the same letter everyone else seems to get. Our good friend Mr Just must getting a bit tired of constantly pressing that print button.
25th August 2006 – Filed my claim through moneyclaim website. At start of August received a further fine of £30 for a returned DD of £8.41, marvellous. I have added this to the claim. My total now including interest is £780 plus fees of £80 giving a grand total of £860.
1st September 2006 – They’ve acknowledged the claim and intend to defend it (would like to see them try). Lloyds defended by, surprise surprise, Sechiari Clark & Mitchell.
28th September 2006 - Defense submitted and reads as follows
17th October 2006 - SCaM submit their AQ at the 11th Hour.
2nd November 2006 - Received court date of 28th Feb 2007. Court bundles to be in on 14th Feb 2007.
10th February 2007 - Sent in my court bundle, all 130 pages of it.
14th February 2007 - Court bundle deadline, and didnt receive one from SCaM, checked online banking and full amount of claim was deposited (£890).
skb
For the benifit of claiming newbies who perhaps may be finding going up against Lloyds a bit off-putting due to their supposed 'victory' I thought I would post an edited and streamlined version of my story. It was completed several months ago now and can be firmly placed in the successes section.
1st June 2006 – Sent Data Protection Act request via email. Received a letter back about 2 weeks later which I had to sign authorizing them to debit a tenner from my account for the privilege.
23rd June – Received statements and print outs of charges. They owe me £565.
5th July 2006 – Sent First Request for repayment of charges – received usual letter thanking me for contacting them (as if) and then politely telling me where to go.
26th July 2006 – Sent the letter before action and as expected got back the same letter everyone else seems to get. Our good friend Mr Just must getting a bit tired of constantly pressing that print button.
25th August 2006 – Filed my claim through moneyclaim website. At start of August received a further fine of £30 for a returned DD of £8.41, marvellous. I have added this to the claim. My total now including interest is £780 plus fees of £80 giving a grand total of £860.
1st September 2006 – They’ve acknowledged the claim and intend to defend it (would like to see them try). Lloyds defended by, surprise surprise, Sechiari Clark & Mitchell.
28th September 2006 - Defense submitted and reads as follows
1. The Defendant Lloyds TSB Bank plc (the bank is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN). It is admitted that the claimant has been a customer of the bank at all material times.
2. By opening an account with the Bank, the customer enters into a commercial arrangement with the bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, (I HAVE SELECT ACCOUNT SO PAY £7 A MONTH IN ACCOUNT FEES) not with standing that they are an expense to the bank. Such services presently include, but are not limited to providing,
-cheques
-bank statements
-the facility to make payments by direct debit and standing order
-debit cards
ATM's (cash machines).
3. By maintaining the account in credit, or within any limit agreed with the bank the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the bank's own funds. if the bank makes the payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. on page 1 of the leaflet, the Bank explains that there are no charges for every day banking at Lloyds TSB when your account is in credit.
When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn with out an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply.
If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go ahead?
4. There is no breach of contract; the charge can therefore not be a penalty, consequently there is no requirement that the charge be a pre-estimate of the bank's loss.
5. The customer is given advance warning of the charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month. and which will appear as debits on the following months statement. Customers are warned by letter when they go overdrawn or over there agreed limit with out arrangement with the bank. if the customer fails to remedy the position; and payments such as standing orders and direct debits are refused then again the customer is warned by letter.
6. The Charges are fair and reasonable, and it is denied that they are unlawful.
7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to regulation 6 of the unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.
8. In the premises:
8.1 the charges are for banking services, and are not damages nor penalty;
8.2 the bank is entitled by contract to impose the charges, which are fair and reasonable;
8.3 it is denied that the charges are unlawful or contravene any statute or regulation.
9. The Claimant's claim is denied in its entirety. it is further denied that the claimant is entitled to the sum claimed or to any sum from the bank.
2. By opening an account with the Bank, the customer enters into a commercial arrangement with the bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, (I HAVE SELECT ACCOUNT SO PAY £7 A MONTH IN ACCOUNT FEES) not with standing that they are an expense to the bank. Such services presently include, but are not limited to providing,
-cheques
-bank statements
-the facility to make payments by direct debit and standing order
-debit cards
ATM's (cash machines).
3. By maintaining the account in credit, or within any limit agreed with the bank the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the bank's own funds. if the bank makes the payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. on page 1 of the leaflet, the Bank explains that there are no charges for every day banking at Lloyds TSB when your account is in credit.
When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn with out an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply.
If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go ahead?
4. There is no breach of contract; the charge can therefore not be a penalty, consequently there is no requirement that the charge be a pre-estimate of the bank's loss.
5. The customer is given advance warning of the charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month. and which will appear as debits on the following months statement. Customers are warned by letter when they go overdrawn or over there agreed limit with out arrangement with the bank. if the customer fails to remedy the position; and payments such as standing orders and direct debits are refused then again the customer is warned by letter.
6. The Charges are fair and reasonable, and it is denied that they are unlawful.
7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to regulation 6 of the unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.
8. In the premises:
8.1 the charges are for banking services, and are not damages nor penalty;
8.2 the bank is entitled by contract to impose the charges, which are fair and reasonable;
8.3 it is denied that the charges are unlawful or contravene any statute or regulation.
9. The Claimant's claim is denied in its entirety. it is further denied that the claimant is entitled to the sum claimed or to any sum from the bank.
2nd November 2006 - Received court date of 28th Feb 2007. Court bundles to be in on 14th Feb 2007.
10th February 2007 - Sent in my court bundle, all 130 pages of it.
14th February 2007 - Court bundle deadline, and didnt receive one from SCaM, checked online banking and full amount of claim was deposited (£890).
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