thincat v lloyds

[thincat]

Hi Everybody,
Re my claim for Bank Charges I would like to know what to do next because I don't
want to let this go. As I said I've got till 17th feb and I'd like to get something going
before then. If you need some info on this I'll gladly provide this(with personal
details omitted obviously). Thanks for all your help so far. Also got some good
news this morning re another matter on another thread. I'll share that asap.

Thincat.

:biggrin1:

[Amethyst]

Re: Lloyds response letter

thincat, are you in court system or banks complaints system ?

[thincat]

Re: Lloyds response letter

Hi Amethyst,
I'm in the banks complaints system. Basically I put in the list of charges with spreadsheet with a covering template letter. I got a reply not long after the Nov 25th Supreme Court
ruling. I then got another letter dated the day or day after the OFT decision which I don't
have to hand but which basically politely told me to "Foxtrot Oscar" and basically said
if I didn't have anything to say by 17th feb the matter would be considered closed.
That's basically it. thanks for the quick reply btw, much appreciated especially as you have so much on your plate. I really am impressed with your knowledge and committment to this matter and others it really has given me(and others) a lot of encouragement and
strength.

Thincat.:grin::biggrin1:

[Amethyst]

Re: Lloyds response letter

thanks hun

Okay have a look at the example letters in this forum and see what you can draft up, you are basically telling the bank you still dispute the fairness of the charges and will be taking the case to the ombudsman. You want PERSONAL examples of where charges have been aprticularly unfair - not necessarily because of the level, but cause of the way they are applied/incurred etc. If you can do a draft then I can help you refind it and make sure you have the right legally type bits in, but its best starting off from you as only YOU know why you are passionate about gaining redress for the banks past actions and HOW the banks charges have affected you.

[thincat]

Re: Lloyds response letter

Hi Amethyst,
Apologies for the delay in replying. Thanks for the advice, I'll get onto it. I DID reread the
letters Lloyds Bank sent to me and refreshed my memory. BTW could you provide a link to the letters you mentioned(sometimes stuff can be a bit difficult to find. Thanks for your
help yet again (hope you sorted out the virus).

Thincat

[Amethyst]

Re: Lloyds response letter

Hi hun, sorry was away all day y;day.

Sample response to Bank to keep complaint in progress.... - Legal Beagles

think that should give you a fair idea of the type of things that is needed.

[thincat]

Re: Lloyds response letter

Thanks Amethyst-got that. I may well come back to you for guidance on this but I've got
a lead now.

Thanks,

Thincat:fencing:

[Amethyst]

Re: Lloyds response letter

Cool, I'm wary of giving too much templated type stuff as claims HAVE to be individual and before we know if you should continue we need to know YOUR case a bit more and why you feel your charges / contract overall were unfair in the banks favour.

Once you have done that we can help refine and strengthen arguments.

[thincat]

Re: Lloyds response letter

Hi Amethyst,
I've started to wde through the SAR stuff and got SOME idea of what I need to do, however I'm going to need to spend a few days on this to get this right. What I'd
like to do in the meantime is send a letter to lloyds(as a starter) telling them I want to
pursue the matter and will write to them in due course to outline why I think the charges
are unfair. I want to do this because the bank stated in the last letter that they would
regard the matter as closed after the 17th feb 2010 and I want to get a letter to them
BEFORE that date,letting them know I'm still fighting. Do you think it is worth doing?
Advice appreciated.

Thanks,

Thincat.

[Amethyst]

Re: Lloyds response letter

Yes I think that would be a good idea. Naybe something brief but covering the main issues will be helpful ? Just a quick idea ...



Dear Lloyds Bank

Thank you for your letter dated XXXx stating that my complaint will be considered closed as of the 17th February 2010 if I do not wish to further contest the charges on my account.

Whilst I recognise that it is the case that the banks terms are unable to be assessed in terms of price under regulation 6(2)b of the Unfair Terms in Consumer Contracts Regulations (UTCCR), it remains the case, as indicated in the Supreme Court judgment, the terms are not precluded from the assessment of fairness under regulation 5(1). I still consider the overall contract including terms which allowed you to impose charges on my account to be unfair by virtue of regulation 5(1) of the UTCCR. I also consider you to be in breach of section 140 of the Consumer Credit Act.

It has been accepted that the said contract was not individually negotiated and it is my belief there is a significant imbalance in the parties’ rights and obligations.

Lloyds had no terms and conditions for my account before November 2007 and I do not believe had the right to unilaterally impose changes in the structure and price of my account following it's opening in XXyearXX.

Should you continue to reject my complaint about my account, I shall be passing all the details of my complaint over to the Financial Ombudsman.

Yours faithfully

Thincat

[thincat]

Re: Lloyds response letter

Hi Amethyst,
Totally Brill! I had in mind something a little briefer but "that'll do nicely" as they say.
I DID get the T&C for the account (I requested them) so I might leave that out of the letter. Does that make a difference? Anyway I'll send that off asap and work on the
rest. More later.

Thincat.

PS Big, big thanks for this.!!

[Amethyst]

Re: Lloyds response letter

You wont have had T&C's for the account when you opened it unless you opened it after November 2007 as they did not exist.

You probably received a debit card terms leaflet and a charges we can impose on you leaflet ?

[thincat]

Re: Lloyds response letter

Hi Amethyst,
I think you're right but I haven't had time to check the T&C I received. Account was opened in
late 1970s. More about that later. What I'm going to do is download your letter "as is" if i
may and fire it off pronto. Then carry on. I suspect the letter won't get to lloyds till 18th
recorded delivery being what it is. Will that make a difference? I don't think it will personally
but it's possible there might be a legal issue that I'm unaware of. Anyway thanks for the reply I'll crack on with this lot asap.

thanks

thincat

PS Big kiss to you Amethyst!:kiss:

[thincat]

Re: Lloyds response letter

Got a response from Lloyds this morning,more in due course.

Thincat.

[Amethyst]

Re: Lloyds response letter

Fabbo, look forward to seeing it