Shadow2981 vs. Lloyds Banking Group

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

I guess the charges for those letters will be shown in your statements, Shad - so worth checking.

[Shadow2981]

Re: Shadow2981 vs. Lloyds Banking Group

They just all show up as a combined, single "Overdraft excess fee" of varying amounts.. from £20 to over £200 each applicable month...

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

In that case, I guess you'll be reclaiming those fees, as well as the other charges.

[Shadow2981]

Re: Shadow2981 vs. Lloyds Banking Group

Yup - those were all accounted for in my original calculations im fact, they make up the biggest sums - so no complaints there :P kinda shafted themselves on that one really if I am successful!

[Shadow2981]

Re: Shadow2981 vs. Lloyds Banking Group

There are actually only 4 categories the charges fall into..

O/D interest
O/D excess
Failed S/O
Failed D/D

but there are slight variations on the O/D excess names as the years go by... but all one and the same.

Only O/D interest was not calculated on my original sums - everything else was

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

Yes indeedy, Shad - list them all !!! I hope to have a spready ready soon.

[di30]

Re: Shadow2981 vs. Lloyds Banking Group

I am not used to the reclaiming of the bank charges like ppi but will be following this and learn the same time lol, will be good to see more success in this field x

[Bill-K]

Re: Shadow2981 vs. Lloyds Banking Group

Reclaiming charges is broadly similar to PPI, Di - in that the maths side is much the same. I think the main difference is the legal reasoning behind it. With PPI, we have the FCA & FOS rules to rely on - but with bank charges, it is mostly legal argument. I tell you this good lady - I reckon your experience with getting lenders to supply data older than 6 years will be very, very useful because a helluva lot of charges reclaims had to be shelved since the Judicial Review.

[Enforcer]

Re: Shadow2981 vs. Lloyds Banking Group

Ref post 20, a tribunal judge regarding a variation on assets has recently overruled the 8% figure in a csa case. He set the rate at 5%.

[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.

[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

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...

[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!

[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

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...