Innocent vs LLOYDS TSB CLASSIC CURRENT (CONTRACTUAL INTEREST)

[innocent]

Thankyou very much Gooders


I think its fair to see that we are all a very effective team here and indeed my POC (in turn) was based on others I researched too

I will pop into your thread


Innocent

[innocent]

Hi all

An update....

Just phoned the courts because I have heard little

Apparently the DJ last time gave SCaM until the 7th June to file a AQ, a second chance....

"ooo" she said "hang on"...... "they have filed an AQ today"

The case will now return to the judge, for "allocation".


Any thoughts? Anything I should be doing or writing now to encourage the DJ to use the draft order (based now even more on Lloyds bad behaviour)??


Your thoughts please??

Innocent

[GuidoT]

Innocent - I think you may well know all this, but anyway here goes.

You may want to find out if Lloyds have ticked the one month stay period box by phoning the court. SCM will not send you a copy of the AQ.

If they have you may want to write to the court preventing this stay nonsense:
AQs - Stays & Strike out request

There is good and bad in the stays, the bad is a several month pointless delay. The good is that SCM make no contact and it puts them in a bad light and means that you are more likely to obtain the New Strategy Order as the DJ will be peeved with them.

On balance as you are claiming CI, the stay could be a good thing. I think you are familiar with my Lloyds thread and how Lloyds' inaction on the stay settlement front resulted in the New Strategy being Ordered.

I too am claiming CI (and charges going back 10 years) therefore it suits me to obtain a strike out of their defence due to their failure to provide the New Strategy documents rather than having a trial.

For anyone else who is interested, I know Innocent knows where this is, my latest story is here:
Guido T v Lloyds TSB ***DEFENCE STRUCK OUT - WON****

[innocent]

GuidoT

Thanks for your quick reply and for your continuing confidence in me

(Sometimes I think I just need to re-confirm my own thoughts with others such as yourself)

I had forgotten to ask if they have requested a stay but I agree, in balance, because of the CI element this is (arguably) the best way to go to ensure the draft order is ordered.

Thanks for your very complete advice as always, and be rest assured I am following your case closely with very great interest and eagerness

Innocent

Originally Posted by GuidoT

Innocent - I think you may well know all this, but anyway here goes.

You may want to find out if Lloyds have ticked the one month stay period box by phoning the court. SCM will not send you a copy of the AQ.

If they have you may want to write to the court preventing this stay nonsense:
AQs - Stays & Strike out request

There is good and bad in the stays, the bad is a several month pointless delay. The good is that SCM make no contact and it puts them in a bad light and means that you are more likely to obtain the New Strategy Order as the DJ will be peeved with them.

On balance as you are claiming CI, the stay could be a good thing. I think you are familiar with my Lloyds thread and how Lloyds' inaction on the stay settlement front resulted in the New Strategy being Ordered.

I too am claiming CI (and charges going back 10 years) therefore it suits me to obtain a strike out of their defence due to their failure to provide the New Strategy documents rather than having a trial.

For anyone else who is interested, I know Innocent knows where this is, my latest story is here:
Guido T v Lloyds TSB ***DEFENCE STRUCK OUT - WON****

[griffin9959]

hi Innocent,

Lloyds have filed their AQ. Guess I'm goin on a date

~S~
Griffin

[innocent]

Hi Griffin

I suspect your going for a long 'stay' somewhere

Well, at least after all this we can afford to stay somewhere very very nice glug glug


Innocent

[griffin9959]

Just back from court; Lloyds applied for a stay of one month but the judge is about to issue an order, which I think invloves striking out their defense because of an abuse of process. I 've written a little about it on my thread and will update when I have the order in my hands.

~S~
Griffin

[innocent]

Ooooooooo

on my 400th post looking forward to the installment on ur thread


Innocent (400 today)

[griffin9959]

Hi Innocent,

Latest court order received and posted to thread. What d'ya reckon?

~S~
Griffin

[GuidoT]

Kind of marks the death knell for CI:
Contractual Interest - Precedent - LOST
....unless of course you succeed by default.

[innocent]

Originally Posted by GuidoT

Kind of marks the death knell for CI:
Contractual Interest - Precedent - LOST
....unless of course you succeed by default.

Disappointing news Guido but thanks for highlighting

(to summarise here)

There is a precedent against the awarding of "contractual" interest on the implied term basis.

If you've claimed CI pleaded on the basis of mutuality and reciprocity then you should accept any offer of charges + 8%. If you have been paid the charges + 8% already and are pursuing only for CI you should withdraw.

Willful pursual of a claim solely for CI is now highly likely to be met with a (successful) summary judgement application from the bank, and you could be liable for costs.

Well Im hoping for a win by default, if I can get the draft order happening?



Also, Im not convinced I added all the OD interest on the charges in the beginning because of the lack of info at the time; I would certainly now want this....

Just to clarify what GaryH said:

If you have only been offered charges + 8%, the you need to go back with a counter of (Charges + Overdraft interest on the Charges) + 8%.

My note of what the judge actual said is:

Quote:

The customer has a right to the charges, any interest deducted and a right to claim statutory interest for the period he was deprived of the deductions, provided he brings proceedings to recover them.

[innocent]

Originally Posted by griffin9959

Hi Innocent,

Latest court order received and posted to thread. What d'ya reckon?

~S~
Griffin

Griffin.

Absolutely b****y FANTASTIC news......

I quote GaryH "Woooooooooohoooooooooooo ooo"!!!!!!!

Well done buddy


Innocent

[innocent]

Hi all...... an update (at last)

Received general form of judgement or order form "N24" dated 13th June 2007:

IT IS ORDERED THAT:

1) Stay to 4th July 2007. Parties to file agreed directions order on conclusion of period allowed.


Um???

I will phone the courts on Wednesday (later) to clarify..

I have to agree a directions order with Lloyds??

Should I at least make contact with SCaM urging them to settle, as per many past cases, and sent the draft order again..... copy all to the courts???

Or.... has the DJ granted the directions order and I should file info by the 4th July???


Anyone seen this before? Advice welcome.....

Innocent

[GuidoT]

Not seen it before.

Write to SCM saying we need to agree something as the order, propose the new strategy order. They are very unlikely to reply. Remind them weekly that something has to be agreed (in writing).

On the 4th of July write to the court saying that SCM did not even have the courtesy of responding, enclose the letters, say nothing is agreed, therefore please strike out their defence or alternatively issue the new strategy order per the GaryH template.

If you like crib the words for the letters from my thread.

I think you are one step closer to success by default.

[innocent]

Guido

Thankyou "very kindly" for your reply.....

I didn't remember seeing the order before and I am not quite sure what the DJ is trying to achieve? Anyone?? perhaps communication between SCaM and me???

I came to a conclusion last night that I stand no chance of SCaM communicating with me, esp within 2 weeks, albeit clearly I am willing to communicate with them... so all I can do is demonstrate to the court this willingness...

Agreed.... win by default is the way forward.... lloyds submitted their aq late; they are unlikely to "action" the DJs order this time too; so my "mission" has to be to get that draft order..... ordered

Guido I will re-read your carefully crafted letters; get in the mood; and write the first letter to SCaM (which I will copy immediate to the DJ) and I will post today.... and I will do today....

Thankyou



Innocent

[GuidoT]

The judge is trying to get the parties to agree a way forward.

Do not copy the letters you send to SCM to the court, wait until the 04th then copy all the letters to SCM in one go telling the court how naughty SCM are.