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Thought some people who are waiting for their defence or starting their claim may find it useful to see an example of the defence that Lloyds are using.
Below is the defence they have used in my case (no doubt a few others on that day too) There is also a thread in this topic with the order from the Judge dealing with my claim, I will also post my POC at some point....
Here is the defence:
1 The defendant Lloyds TSB "THE BANK" is as bank whose registered off ice 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 openeing an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet a 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, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to providing;
cheques
bank satements
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 banks own funds. If the bank makes payment or returns the payment, it provides a service as specified in the leaflet, and makes a charge in accordance with the contract. On page 1 of the leaflet, the bank explains that ? there are normally no charges for everyday 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 without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges qwork, 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 cannot therefore 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 charges being impose; 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. Customer are warned by letter when they go overdrawn or over their agreed limit without 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 xcustomer for a service provided by the.
So there it is, I have copied this word for word, typo for typo lol.....
any thoughts on this? apart from its a load of rubbish ramblings trying to worm out of bank charges!
xxx
Below is the defence they have used in my case (no doubt a few others on that day too) There is also a thread in this topic with the order from the Judge dealing with my claim, I will also post my POC at some point....
Here is the defence:
1 The defendant Lloyds TSB "THE BANK" is as bank whose registered off ice 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 openeing an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet a 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, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to providing;
cheques
bank satements
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 banks own funds. If the bank makes payment or returns the payment, it provides a service as specified in the leaflet, and makes a charge in accordance with the contract. On page 1 of the leaflet, the bank explains that ? there are normally no charges for everyday 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 without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges qwork, 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 cannot therefore 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 charges being impose; 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. Customer are warned by letter when they go overdrawn or over their agreed limit without 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 xcustomer for a service provided by the.
So there it is, I have copied this word for word, typo for typo lol.....
any thoughts on this? apart from its a load of rubbish ramblings trying to worm out of bank charges!
xxx
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