Shadow2981 vs. Lloyds Banking Group

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

I'm sorry to hear about your hubby's lay-off, Di, and I hope he gets an early success with his job-hunting.

I would suggest you start your thread ASAP., as it can take a while to get a claim ready - so you may as well get started. If the appeal is successful at the end of the month, then you may be ready to whack in your claim straight away.

[di30]

Re: Shadow2981 vs. Lloyds Banking Group

Sorry to jump in!

Unfortunately, we have had some bad luck, my hubby and other colleagues are being laid off due to a downturn of orders, his last day is Wednesday coming, I cant believe I was only said about this the other day when the steel plant he worked in until 2007 went down under just days before xmas, so again its happening, not sure what his chances will be now for a new job, but he has already applied for a lot, so see what happens, fingers crossed.

Now if he gets no luck, we will be again under the hardship category even more, including my other reasons as said before. I have not made any start yet, but Bill shall I start up my thread now ready or later on?

Sorry again for butting in shadow, I am going to get into this very soon by the looks of it lol. x

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

I'm not sure on the legalities, but I do believe that deliberate deception invalidates any time-barring, so it would IMO be difficult for a major bank with all its resources to show that it really had no idea that it was doing wrong - considering the recent exposures of their deliberate wrongdoings.

But also - as Shadow suggests - the unfairness principle may start the clock again as regards the Limitation Act. Applying the Unfair Terms in Consumer Contracts Regulations (UTCCR 1999) may well do this.

[bosdog]

Re: Shadow2981 vs. Lloyds Banking Group

Understood
Thank You..

[Shadow2981]

Re: Shadow2981 vs. Lloyds Banking Group

Hi all
( i have since discovered even more charges on the account)

Even if you cannot reclaim the originally attempted-reclaim charges, any new charges you have since realised (today - 02/10/2014 - for the record) which you did not make any attempts to claim against WOULD still be eligible regardless - and your countdown starts from today...

[Shadow2981]

Re: Shadow2981 vs. Lloyds Banking Group

This is something I have thought about myself actually - I would guess you could argue that reclaiming bank charges originally under one principle was pursued within the time limits, and as this new ruling is on slightly different grounds, you could perhaps argue that as the new grounds have only just come to light, so has your awareness of your entitlement to reclaim on this principle...?

Somebody, assuming that the end of the month brings positive news, is going to have to use this logic (or something to this effect) I would imagine - and I would have thought the only people who won't be able to reclaim are those who have accepted a form of payout already for their charges...

Then again, the banks may use this in reverse as their defence to not pay the majority when these claims come pouring down on them!

[bosdog]

Re: Shadow2981 vs. Lloyds Banking Group

Hi all
I have just come across this thread and wonder if I could be able to try to reclaim?. As per my thread Bosdog Lloyds. I went to FOS who rejected my claim in 2010 ( i have since discovered even more charges on the account) does the time limit on the FOS decision stop me progressing?
Thanks for any help
Bos

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

Do give Dai my sympathies, Di - I believe the spiders had a good year this year - so they'll be big ones up in the loft !!!

Of course I agree with all that Shad suggests - he seems to have been there and got the T-shirt.

If you didn't actually reclaim those charges, then I guess you'll need to do a spreadsheet. If you did one earlier, then you may be able to copy & paste the dates & figures, though. I'm still updating mine here, and will post it up ASAP, guys.

[di30]

Re: Shadow2981 vs. Lloyds Banking Group

Brill will do thank you x

I do actually have a few sheets of just the charges, i remember i asked for them and at the time they assumed back then i was putting in a claim for the charges but it wasnt for that reason back then, so never tried before. Am going to give it my best shot though, not sure if i can find all the sheets but hopefully they will be within the SAR, as these were sent to me separately before the SAR.
Much thanks x

[Shadow2981]

Re: Shadow2981 vs. Lloyds Banking Group

Just the account statements should do it.. on every page relating to a month where charges were incurred it will have a list of charges for set period and the date on when these will debited.

That should be all you need (but double check that charges were debited when they said they would be or your interest claim will be wrong - I noticed a couple that were taken a day or two late, but it doesn't appear to happen often).

..if you can find any letters or T&Cs with interest rates on them or regarding interest rate changes as and when these occurred I'm sure these would be helpful too...

[di30]

Re: Shadow2981 vs. Lloyds Banking Group

Thank you Bill and Shadow

I do already have my SAR paperwork, as my account closed with lloyds a few years ago, I doubt there will be anything further,so its a matter of just re-digging it all back out, will send hubby back up to the loft LOL,......."again" lmao!!

I will follow what you are doing Shadow once I have my stuff back down.......right what to specifically dig out??

Thank you both x x

[Shadow2981]

Re: Shadow2981 vs. Lloyds Banking Group

I believe the appeal hearing is set for 31st October so it is not that much of a wait...

Di - if you don't already have all of your data it may be worth SARing for it now and getting all of the prep done and ready, because if the floodgates DO open, you do not want to risk wasting any time as I have little hope that they will remain open for long... I suspect claims will be strongly opposed whatever the appeal outcome is...

My SAR took well over the 40 days.. in fact, it was on the 40th day I received an acknowledgement letter - the deadline was August 2013, and I received partial data in November 2013 - and the rest (which I had to inform them they'd missed) in December 2013 (I was SARing for a different reason and am just fortunate that I have it) - and this was WITH NIDs help/ICO involvement!

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

FWIW, my thinking is that the Foster-Burnell win may have opened a door - but I think that unless/until he can get a ruling that the unfairness on Lloyds' part which he relied on in his case applies to other contracts, and not just his - then this may still be an uphill struggle. He had Tom Brennan as counsel, and what appears to have been the backing of Howlett-Clarke. As I understood, he is expecting a ruling on the general unfairness (by the Appeal/Supreme Court ?) later this year - and that might be when to consider launching any claims. At present, my feeling is that any claim will be 'robustly opposed' with each claimant having to argue their own separate case for unfairness - but if the unfairness is ruled to be general or universal, then this should be much easier to pursue.

But I see no harm in dusting off our old records and doing the groundwork for our claims meanwhile. Perhaps by the time we have $h1t together, the ruling will have been made...

[di30]

Re: Shadow2981 vs. Lloyds Banking Group

I am tempted to give it a go, not as if I tried before - what do you think? or shall i see how Shadow gets on first? thanks x

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

AFAIK, the FOS is still applying 8% to PPI claims, and I think we should still claim 8% ourselves - but for the courts and others to reduce what is supposed to be a statutory rate down to 4 or 5% is a worrying trend.