Shadow2981 vs. Lloyds Banking Group

[Never-In-Doubt]

Re: Shadow2981 vs. Lloyds Banking Group

I also have a question for anybody who feels able to answer.. if Durkin was awarded £8,000 for the impact of a term of a default - which in Scotland is 5 years - can you break it down into £1,600 a year and actually request £9,600 in England and Wales to cover the extra year?

no. Simply.

Stop thinking court. That's a LAST resort based on a non binding court case. Remember that

You cannot claim any such damages from the bank as you're reclaiming charges. As to the lawfulness of them I guess only a judge can decide so don't be daft here. Just ask for a refund and let's see what they have to say eh?

[Never-In-Doubt]

Re: Shadow2981 vs. Lloyds Banking Group

And...just to wind Niddy up a bit....

My own preference is to send the informal 'Prelim' letter as the first move, and then to concentrate on getting the figures right while that is being digested. IMO, even the 'LBA' and the FOS claim can be sent before the figures are finalised. I think we only need to have the figures sorted by the time we get a redress offer - so that we can evaluate it in a timely fashion.

It won't wind me up mate. Far from it; however why not ask Di30 how different her outcome was when I got involved

Point I'm making is go in strong and use the new templates I'll post up next week. Rush in and you'll likely balls it up. This is already proven in the OFT v Banks (loss) at Supreme Court as being a dead duck. The latest county court non binding judgment will likely be ignored by judges based on the Supreme Court judgment of 2009.

Just take it slow and get your facts straight (figures etc) and we'll hopefully help guide you to some form of successful outcome. Final point, an LBA needs to be created by a legal professional nowadays what with POC/PAP's etc. It's not worth ballsing any part of it up by rushing. It's a losing battle lets not forget. The Supreme Court wins. Hands down. It's the primary case law judges will hide behind.

So sending ANYTHING right now, IMO is bonkers.

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

As I said earlier, I'm really just a figures man, so I'll bow to Niddy's advice as regards sending a Prelim before we have the claim quantum set in concrete. If Niddy has got some updated templates ready to send, then I'm all for using those. Tempus Fugit - it's been a while...!!!

[Shadow2981]

Re: Shadow2981 vs. Lloyds Banking Group

Fully aware court is a last resort, and a long way off if it did lead to that.. just curious

[Shadow2981]

Re: Shadow2981 vs. Lloyds Banking Group

Glanced at statements - and the couple of pages I did look at that had charges listed (in a summary at the bottom of page) had no mention of any interest rates - just the total interest for that period as a single figure.. should the rate be on there?

[Never-In-Doubt]

Re: Shadow2981 vs. Lloyds Banking Group

Yep it should have the monthly rate.

[Shadow2981]

Re: Shadow2981 vs. Lloyds Banking Group

Ok - am home now so will check in a few mins.

EDIT: Nope - there is no mention of any interest rate anywhere - not on any of the pages which have the month's charge summary at the bottom, nor on the actual transactions.

These are "duplicate" statements and are not printed on headed paper like the originals - but they look identical to me, just printed on plain paper instead! Want me to email you an example NID?

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

As Niddy says, penalty charge reclaims are now difficult, to say the least, since the Supreme Court ruling - so it is best to think in terms of court procedure from the outset, even if the court is the last resort. The Foster-Burnell case may become caselaw eventually, but as it stands, it is simply a one-off County Court judgement. Credit card statements usually show the interest rate(s) used, but current account statements may not do. I'm not sure what rules or regulations cover this, but it may be the Consumer Credit Act in the case of credit cards, whilst bank current account overdrafts may not be covered by the CCA - banks tend to set out their interest rates in their account T&C's.

If it is not clear what rate(s) of interest are being charged, then it may be better to:
1. check what the trigger level is for overdraft interest to be charged - this may simply be zero, but there is often an interest-free overdraft level set;
2. check how much of the overdrawn balance attracts interest;
3. check how much the accrued charges & interest are each month;
4. calculate what portion of the interest charged is attributable to 3 above.

I'll post a spready to do this, as well as one that calculates directly from the actual interest rate - they are essentially the same as the credit card PPI spreadies I have posted here.

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

As Niddy says, penalty charge reclaims are now difficult, to say the least, since the Supreme Court ruling - so it is best to think in terms of court procedure from the outset, even if the court is the last resort. The Foster-Burnell case may become caselaw eventually, but as it stands, it is simply a one-off County Court judgement. Credit card statements usually show the interest rate(s) used, but current account statements may not do. I'm not sure what rules or regulations cover this, but it may be the Consumer Credit Act in the case of credit cards, whilst bank current account overdrafts may not be covered by the CCA - banks tend to set out their interest rates in their account T&C's.

If it is not clear what rate(s) of interest are being charged, then it may be better to:
1. check what the trigger level is for overdraft interest to be charged - this may simply be zero, but there is often an interest-free overdraft level set;
2. check how much of the overdrawn balance attracts interest;
3. check how much the accrued charges & interest are each month;
4. calculate what portion of the interest charged is attributable to 3 above.

I'll post a spready to do this, as well as one that calculates directly from the actual interest rate - they are essentially the same as the credit card PPI spreadies I have posted here:

http://forums.all-about-debt.co.uk/s...Redress-Offers

[di30]

Re: Shadow2981 vs. Lloyds Banking Group

Am going to follow this with great interest.
Because of lloyds, i almost lost my home and still have a few accounts with them through their collections, cabot etc, my mortgage had to be split to 2 parts for interest and repayment on the other, as they messed up on our income a few years ago.
Then this led to my hubby's depression as where he did work back then (steelworks) went into administration just a few days before xmas, and years on due to my blood pressure rise over the years its led to a critical illness of CKD, I will be a renal patient for the rest of my life, my specialist told me stress had a big contribution to my illness.

We were fit as fiddles before all the crap we taken off them. Sorry lol but i hope you dont mind me posting here and hope you do get success!

Fingers crossed.

[di30]

Re: Shadow2981 vs. Lloyds Banking Group

...............Sorry i forgot to add, despite the critical hardship we were in, the bank bombarded us with crazy letters, added more charges and interest and with that there was never money left for the mortgage repayments, as they were adding more and more all the time, and we were sorting it our in writing, also on the phone to them almost everyday with plans, but they didnt want to know, so I do really hope you succeed in this.

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

Dearest Di - I have been privy to some of the torture that you and Dai have been subjected to.
Shadow - this lady has good stuff to impart here.
It's a wrestle with these beasts - but it can be won.

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

Game on, as they say...

[Shadow2981]

Re: Shadow2981 vs. Lloyds Banking Group

The more the merrier welcome aboard!

[Shadow2981]

Re: Shadow2981 vs. Lloyds Banking Group

...the bank bombarded us with crazy letters...

Reminds me of something I'd forgotten - they used to write to me to tell me I'm overdrawn - and to advise that for writing to me they were going to charge me £20-£30!!

No such letters have been included in my SAR data - and I had totally forogtten about that until just now!