lancasterchelsea v. Lloyds/business (1995-1998) ***WON***

[lancasterchelsea]

I have also wriiten to LLoyds solicitors.... Martin "oh" Johnson
there is an excellent letter on Barclays/Slick132 pointing out that Lloyds have agreed with FSA not to disadvantage small business current accounts and give them 14 days to behave or will tell FSA..... I'll try anything

[elsinore]

It's a great letter and it should make the bank squirm. They either have to say no, in which case they will displease the FSA, or say yes and give the judge a headache!

Els

[slick132]

Hi Lancs,

Elsinore suggested I take a look at how you're getting on over here.

I'll keep a close eye on your thread and wish you well.

Slick

[lancasterchelsea]

thanks Slick the courts seem to be stop all claims including business
I've got a credit card claim in progress.... I assume they cannot stay that
great letter thanks
LC

[slick132]

Nah, the CC claim should proceed ok but some get Stayed in error first

[lancasterchelsea]

GOOD NEWS !!!!!! LLoyds business claim(95 to 9
I have a hearing .... application to have stay lifted on 28th May
although it is 3 months away, I hope Lloyds/ martin O Johnson will try to settle before then
I assume I would have to pay this £300 fee before the hearing ???????

this encourages me to apply for HSBC stay lifted

[elsinore]

Excellent! A long wait, but as you say, they might be persuaded to settle in advance. Depends on how they view the pre-six year factor.

Originally Posted by lancasterchelsea

I assume I would have to pay this £300 fee before the hearing ???????

Yes, but I think i would be checking with the court as to how long before the event it needs to be paid, to avoid a discontinuation.

Els

[slick132]

Hi LC,

I don't know if this will be enough for bank to settle - they may decide to simply oppose the lifting of the Stay.

At least the delay gives you time to put together the best reasons you can find for the Stay being lifted.

[slick132]

Saw this and thought of you - http://www.consumeractiongroup.co.uk...ml#post1418471

Very interesting as it goes along the same lines as my letter to bank.

[zootscoot]

How did the hearing go?

Thread moved to new forum for business claims

[lancasterchelsea]

I got my stay lifted, and a hearing about the pre 6 years limitation act to be scheduled within next 6 weeks.... cannot say much more, I am waiting for the instructions from the judge

[zootscoot]

Are you happy with arguing the limitations issue? I assume you are familiar with the High court case relating to the penalty issue. Do you have a copy of the T & Cs for the period claimed?

[lancasterchelsea]

Looking at my papers from Lloyds in 1997, they refer to the "consumer credit act" as the basis for a loan, which paid back charges and interest etc. I cannot find any T&C's from this period.
I will research the limitations act arguments when I get my next court date. I am in court again today to remove stay on my Midlands business claim

[photoman]

I have a couple of letters received by myself from Lloyds upon the event of some charges upon a Business account.
They clearly present the charges as pertaining to costs.
They are from 2000 and 2001, so although not from the period included in your claim if they are now claiming a defence of "fees' or "service charges" these letters are indicative of concealment, and I do believe that any act at any time is sufficient to cite and invoke this.

I do also have a copy of their Business banking account charges leaflet from 1998 which very definitely states that such charges are levied to cover additional work involved on their behalf (and also states this occurs when you exceed your overdraft limit without prior agreement).
I can let you have a copy of this also (I did send it off to the CAG library, so it's available through there as well)

If you want copies of any of these send me a PM with an email address.

PM

[lancasterchelsea]

sorry about delay in posting
I am still waiting for the court order following the lifting of Lloyds stay... over a week ago
The identical result happened yesterday for lifting of my HSBC business stay... same judge/same result
He quizzed me about what my claim is now following the test case result
He pointed out common law/no penalty.
I couldn't reply.... all I said was that the test case judge said historic T&C's might be different.(????)... I definitely need 95-98 HSBC T&C's.
They had a local solicitor there and she suggested asking HSBC main solicitor for the info... Also I might ask the bank