Bankchargesnotus V Lloyds TSB

[bankchargesnotus]

Claiming initially £1364.44 from TSB Bank from an account which was closed around 12-18 months ago

Sent Data Protection Act Letter 16/11/2006
Received statements 13/12/2006
Sent Request for repayment of charges 20/12/2006
Reply received 04/01/2007 - Pretty much expected telling me to go away !!!!
Sent LBA on 06/02/2007 - Bit of a delay as ill for three weeks with tonsilitis (twice) - Lame excuse I know.
Had no reply to that letter whatsoever!!!!!!!!
Trotted along to my local county court on 26/02/2007 and filed my money claim, which now with interest is £1833.56, Claim was issued by court on 27/02/2007, the defendant had until today 19/03/2007 to respond, nothing as yet, phoned this am, will phone again after 4pm.

Phoned court this morning and no contact has been made from TSB, their 14 days are up!
Recieved a letter today, letter dated 15/03/2007, however not posted until 19/03/2007





Dear Mr & Mrs

Thank youfor your letter dated 06 February 2007. I am sorry that you've not been happy with our response so far.

I am unable to add to our letter dated 04 January 2007. This is because we have already outlined our position on the points you have raised.

We see from our records that you have already issues a court claim for repayment of these fees and that our solicitors are dealing with this. Apart from explaining our position, theres nothing more I can do to help you at this stage.

Thank you once again for taking the time to raise your concerns with us.

Yours sincerely

James Binding
Customer Service Recovery Centre Andover.



Was going to send letter to TSB today offering another 7 days to respond to court claim so that they would hopefully not be successful then in gaining a stay, however after receiving this letter and speaking to the court about the contents I am confident that they would not be successful???

Anyone any ideas????

[BARTY]

Hi & Welcome!
Good luck, let us know how you get on.
Barty

[bankchargesnotus]

Will Do Barty, do feel like there is light at the end !!!!

[happyolddog]

Hi Banks,

Pretty standard stuff, I have had the same letter twice keep moving foward.They are tryin to put you off. Next they will try to buy you off cheaply.Just wait now the court will rule in your favour and you will be paid in full.

[bankchargesnotus]

Thanks Happy

Getting everything ready to send as we speak, how long do the nect step take after the judge rules will they normally pay up straight away is there a time limit or can they try to stall??

[bankchargesnotus]

After getting the letter (Lloyds TSB), I actually called TSB and tried to speak to James, however he was unavilable, I was told however that they could not find their letter which I was referring to, the one in my hand that is! and they had no knowledge that I had taken this to court claim already, again see third paragraph of their letter.

They did however tell me that they had sent me a letter on 5 th March with £750 offer, I never received this, they said they would re-send that! They also advised me to speak to their legal reps as they could not advise, basically sounds like thye didn't really know what they were talking about.

I spoke to Seihian & Clark Sols today and they could amazingly not find my details and I am waiting for a call back, I explained that Lloyds or themselves have missed their opportunity to acknowledge and I was phoning them to offer the chance to comment or even to refund the charges plus interest in full. I suspect from the worry in his voice that there has been some breakdown of communication between them as no-one was singing from the same hymn sheet!

[bankchargesnotus]

Had a call from Solicitors 8.50 this morning stating that they had indeed filed an acknoweldgement with the court and she had phoned yesterday to check they had received it and they confirmed they had. My husband phoned the court this afternoon to find out when they filed it as it was (so we thought) done as soon as they realised they hadn't done it yestrday and guess what, they have not filed anything at all with the court!!!! I phoned twice just to double check and nothing at all received so either they were lying or they have contacted the wrong court!!!

TSB also phoned today to apologise for the delay in filing a response by the deadline and blamed the volume of cases as the reason, she also told me that the £750 offer that I was told yesterday was sent on 5 March (which I never received) was told to me in error and I was never meant to be sent this offer - I dont think they have a clue whats going on??

[bankchargesnotus]

Getting pretty lonely and wondering whether to keep up with my thread anyone interested in offering advice would be grately recieved.

[bankchargesnotus]

Received defence and AQ on Saturday 24/3, my AQ has to be returned by 10 April, was looking to send the updated version anyone offer any advice as it seems a little more complicated and you seem to have to have a little more knowledge than I actually have?????:o

[BARTY]

Hi
Have you had a look at the AQ links? Which part are you stuck on?
Draft Order for Allocation Questionnaires

Allocation Questionnaires - A guide to completion

Do keep us updated, and if no-one is answering you, just bump up your thread until someone helps.
Barty

[happyolddog]

Hi Bankchargesnotus

If you get a bit frustrated or feel you need advice, please go to live chat and ask any questions in there. I and plenty of others will try to help.
Welcome to the forum.

Please take time to read the faq's
use the template letters.

LINKS....
FAQs....

Templates Library....
There is also live chat, visit if you need any quick advice.

Finally good Luck.
Happyolddog.

If my advice helps please tip the scales, left.

[bankchargesnotus]

Thanks Barty and Happy, been in the chat room this morning and got some gratefully needed advice on completing my AQ.

XX

[bankchargesnotus]

Checked with the court yesterday and the AQ from tsb along with my own was received within the 10 April deadline so just a matter of waiting now.

Anyone reading this is court date next step and how long does that normally take, roughly

[John72]

I've had a court date in July - but apparently I only need attend for a "review".

John

[BARTY]

Originally Posted by bankchargesnotus

Checked with the court yesterday and the AQ from tsb along with my own was received within the 10 April deadline so just a matter of waiting now.

Anyone reading this is court date next step and how long does that normally take, roughly

Hi
Yes you should get a Court date next, how long it takes will depend on how busy your local Court is.
Barty

[John72]

Hi

My AQ return date was also 10 April and I have a notice of a "pre-trial review" for 13 July 2007.

John

[bankchargesnotus]

Got a letter this morning and from court as follows:

General Form of Judgement or Order
Before District Judge XXXXX sitting at XXXXX Court
Upon the Courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT

1. The Claimant shall by 4pm on 4 may 2007 file and serve a fully particularised schedule of all charges and interest, currently in dispute.

2. The Defendant, if not accepting the sums claimed, shall file and serve, by 4pm on 25 May 2007 a counter schedule.

3. That there will be a stay until 22 June 2007 to enable the parties to attempt settlement.

4. On or before 22 June 2007 one of the following steps must be taken:
either
the claimant must notify the Court that the whole claim has been settled;
or
the claimant or defendants solicitors must write to the court requesting an extention of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert or other person helping with the process. The letter should confirm the agreement of all other parties;
or
Where a settlement of some of the issues has been reached, a list of those issues should be sent to the Court and must be agreed with the other parties and must indicate that it has been agreed.

Any comments on this would be much appreciated as I was not expecting it, I am assuming it is a good thing because when I spoke to court admin about it they basically said the courts are fed up with Banks paying out last minute after the expense and time of a court hearing being arranged so this is their way of saying pay up and quick!!

Feeling Hopeful !!!!

Just rang Sechiari Clark and Mitchel advsing that I am phoning in response to order with a view to negotiating a settlement and they are going to contact TSB and get back to me today. Any ideas what their settlement is likely to be?? Anyone