dry coughs

4 Carlyle Place
Edinburgh
EH7 5SR

22.02.08


Lloyds TSB Bank Plc
28 Hanover Street
Edinburgh
EH2 2DS



Dear Sir/Madam

Regarding A/C No: 81010160, S/C: 87-70-02
Complaint Reference: 185676


I refer to default charges applied to my account amounting £230 which I have requested you pay back.

I wrote to you on 07.08.2007, making the original request for a repayment in settlement of my claim. Since this date I have looked into my account further and discovered a further £30 charge on 02.10.2006.

On 30.07.2007 you wrote to me promising to send me a full response within 8 weeks and update me with progress. I received a delayed response from you on 02.10.07, stating that you will inevitably keep me updated on the position, but since then you have failed to do so. I have attached a schedule of charges which I expect back. I will be progressing with a court claim unless this is fully resolved.




Yours sincerely



Marjana Sakhov

Schedule of charges:
01Aug07 O/D EXCESS FEE 60.00
02Jul07 UNPAID S/O 35.00
01Jun07 O/DRAFT EXCESS FEE 30.00
01Jun07 UNPAID D/D 70.00
01Jun07 UNPAID S/O 35.00
02Oct06 O/DRAFT EXCESS FEE 30.00

I refer to default charges applied to my account amounting £230 which I have requested you pay back. I wrote to you on 07.08.07, making the original request for a repayment in settlement of my claim. Since this date I have looked into my account further and discovered a further £30 charge. On 30.07.07 you wrote to me promising to send me a full response within 8 weeks and update me with progress which you haver failed to do. I have attached a schedule of charges which I expect back. I will be progressing with a court claim unless this is fully resolved.

Regards



Marjana Sakhov

your attitude is a choice

O/DRAFT EXCESS FEE
UNPAID D/D
UNPAID S/O



Dear Sir/Madam



Due to recent media coverage on bank charges I now believe that you, Lloyds TSB Bank Plc, have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-compete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high and therefore they arte contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty, Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.