Consumer Action Group envelope labels
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Are you being threatened over debts more than 6 years old? This may be unfair
See our new Unfair Trading Guide Bought an extended warranty? Not satisfied?
The warranty may be an example of unfair trading
See our new Unfair Trading Guide Have you been defaulted?
Would you like to clean up your credit file? Check it out Are you a victim of unfair trading? Check it out The Consumer Protection from Unfair Trading Regs 2008 Have you been defaulted?
Would you like to clean up your credit file? Check it out | | | | | | | Lloyds Bank Meet other Lloyds Bank customers who have also been faced with excessive unfair bank charges. Exchange encouragement and information about getting your bank charges refunded | Welcome to The Consumer Action Group and The Bank Action Group
Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund.
You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed.
To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.
Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
Good luck claiming your bank charges. We strongly suggest that you register under a UserID and not your own name |  | |
17th April 2007, 17:10
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#21 (permalink)
| | Site Team | Re: GOT A COURT DATE? Important, please read...... Bump
__________________ Please note that I will not be online during most of April - please do not PM me during this time. Thanks. Please remember to DONATE! Help CAG keep up the fight! Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional. |
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17th April 2007, 22:11
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#24 (permalink)
| | Site Team | Re: GOT A COURT DATE? Important, please read...... I have requested it as a sticky.... I think I might have reached my "quota" though 
__________________ Please note that I will not be online during most of April - please do not PM me during this time. Thanks. Please remember to DONATE! Help CAG keep up the fight! Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional. |
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18th April 2007, 23:29
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#28 (permalink)
| | Basic Account Customer | Re: GOT A COURT DATE? Important, please read...... Quote:
Originally Posted by GaryH 2) The McNamara interview. The transcript is fine. 3) Any correspondance or documents published by Lloyds which refers to their charges as - "Penalties", "defaults", "imposed when you breach your agreement", etc. Check your old T&C's if you have them and include anything which suggests that the charges are imposed as a result of a breach of your account agreement.
I have a letter in which Martin Orton states that Lloyds' charges exist - "in order that we can recoup our costs". This was in response to a direct request to justify their charges, and no mention was made in the letter of them being any sort of "service charge". Please PM me with either your address or your e-mail address and I will post/send this to you to include in your bundles.
Simularly, if anyone else finds anything useful such as that, or in their old T&C's, etc, please let me have a copy so I can distribute it for others. Obviously you should block out personal details, and also I am happy to pay any postage costs if necessary. | pls can you pm or email me that letter as your pm box is full
also i was given all of 2 days notice by a court to file my bundle!!! can you believe it? |
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19th April 2007, 06:50
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#29 (permalink)
| | Site Team | Re: GOT A COURT DATE? Important, please read...... PM me your e-mail address, I've cleared some room. Quote: |
also i was given all of 2 days notice by a court to file my bundle!!! can you believe it?
| Very strange. If your not going to make it in time call the court - I'm sure they'll grant you an extention under the circumstances. Having said that, if its the standard small claims directions then a day late won't hurt.
__________________ Please note that I will not be online during most of April - please do not PM me during this time. Thanks. Please remember to DONATE! Help CAG keep up the fight! Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional. |
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22nd April 2007, 11:04
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#30 (permalink)
| | Site Team | Re: GOT A COURT DATE? Important, please read...... Referring back to this in post #1; Quote: |
Simularly, if anyone else finds anything useful such as that, or in their old T&C's, etc, please let me have a copy so I can distribute it for others. Obviously you should block out personal details, and also I am happy to pay any postage costs if necessary.
| Has anyone had a look at their old T&C's, etc? It would be very useful if we could compile some material which contradicts the "no breach" argument.
__________________ Please note that I will not be online during most of April - please do not PM me during this time. Thanks. Please remember to DONATE! Help CAG keep up the fight! Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional. |
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22nd April 2007, 18:30
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#31 (permalink)
| | Basic Account Customer | Re: GOT A COURT DATE? Important, please read...... Quote:
Originally Posted by GaryH Hi Pen,
Would you like me to send you the Martin Orton letter? | Hi Gary
Sorry but I am still finding my way around site and not sure how to PM you? but would also like the Martin Orton letter please. Submitted MCOL claim 18/4/07, so getting my court bundle together now.
Thanks
Reading Rebel |
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22nd April 2007, 19:03
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#32 (permalink)
| | Site Team | Re: GOT A COURT DATE? Important, please read...... I'd hold off on the bundle for the time being if I were you. You've got at least a month before you need to think about that. I can send you the letter though, all you need to do is click on my name, it'll take you to my profile where there's a "send personal message" link.
__________________ Please note that I will not be online during most of April - please do not PM me during this time. Thanks. Please remember to DONATE! Help CAG keep up the fight! Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional. |
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29th April 2007, 08:51
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#35 (permalink)
| | Basic Account Customer | Re: GOT A COURT DATE? Important, please read...... Quote:
Originally Posted by GaryH It appears that some claimants are now getting a bit sloppy with regards to bundles and preparing for court. We've seen quite a few threads recently where the claimant hasn't bothered submitting anything becouse its a "waste of time".
Ultimately, that may well be true in most cases, but to not comply with a court order is a very dangerous game and you run the real risk of having your claim struck out. There have been 2 claims in the last week or so where this has been the case.
As we all know, its highly unlikely that your claim will get as far as court, but even so, you should still prepare exactly as you would if you knew it was going to - I.e. get a good, solid bundle in ON TIME, and make sure that you know your arguements. Particularly in relation to Lloyds service charge defence. Read this thread - The issues raised by Llloyds bank defences and claiming beyond 6 yrs What to include in your bundle
Clearly this will depend to a certain extent upon which specific directions have been ordered, but, IN ADDITION to everything else which you would normally submit, you should include; 1) The full OFT report. No need to print out the whole thing, but you do need the front cover, section 1 "overview" and most importantly, section 4.21 "Disguised penalties". You should put this in INSTEAD of the OFT report summary from the Basic Bundle in the templates library. 2) The McNamara interview. The transcript is fine. 3) Any correspondance or documents published by Lloyds which refers to their charges as - "Penalties", "defaults", "imposed when you breach your agreement", etc. Check your old T&C's if you have them and include anything which suggests that the charges are imposed as a result of a breach of your account agreement.
I have a letter in which Martin Orton states that Lloyds' charges exist - "in order that we can recoup our costs". This was in response to a direct request to justify their charges, and no mention was made in the letter of them being any sort of "service charge". Please PM me with either your address or your e-mail address and I will post/send this to you to include in your bundles.
Simularly, if anyone else finds anything useful such as that, or in their old T&C's, etc, please let me have a copy so I can distribute it for others. Obviously you should block out personal details, and also I am happy to pay any postage costs if necessary. 4) A detailed Witness Statement, which specifically includes arguements which tackle the service charge arguement and "cloaking". See the post below. When you've submitted your bundle
In most cases they will pay around now, but if not, and if they don't submit documents, then on the day of the deadline for submissions (which will be stated on the directions order), you should inform the court of their non-compliance immediately.
Send the letter here - http://www.consumeractiongroup.co.uk...rt-bundle.html
Also, if a court date is imminent you should have a good read of the guidance notes. http://www.consumeractiongroup.co.uk...uidance-notes/ | I've received court papers which show that Lloyds have made a 10 point defence and so now I have to file a counterclaim immediately. It strikes me that the wording from point 9 of your witness statement would do the trick - do you agree?
I've also been given a court date of 14th June so have a bit of time to sort out my bundle. |
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29th April 2007, 11:26
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#36 (permalink)
| | Site Team | Re: GOT A COURT DATE? Important, please read...... Is the extra point this ? Quote: Furthermore,the claimant's claim appears to be misconceived in that the Claimant is seeking a refund of overdraft interest. There is no claim for refund of the authorised rate interest as it is contractually due and is a core term of the agreement between the bank and the claimant.As such the defendant denies that they are indebted to the claimant for the sums claimed under this heading.
The defendant will rely on the case of Emerald meats (London) Ltd.-v- AIB Group (UK) Plc [2002] EWCA Civ 460, which is authority for the proposition that a customer entering into overdraft arrangement could expect to pay interest on the basis of the standard practice adopted by the Bank |
If so, what interest are you claiming?
Also, you do not counerclaim. You are the claimant, the defendant would be the one to counterclaim if at all.
You don't need to reply to the defence if thats what you mean, just press on with the AQ, if you've got one.
__________________ Please note that I will not be online during most of April - please do not PM me during this time. Thanks. Please remember to DONATE! Help CAG keep up the fight! Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional. |
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29th April 2007, 13:18
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#37 (permalink)
| | Classic Account Customer | Re: GOT A COURT DATE? Important, please read...... I have a letter in which Martin Orton states that Lloyds' charges exist - "in order that we can recoup our costs". This was in response to a direct request to justify their charges, and no mention was made in the letter of them being any sort of "service charge". Please PM me with either your address or your e-mail address and I will post/send this to you to include in your bundles.
Thanks for the copy Gary.
Do you think we should highlight the "recoup" sentence so that it stands out for the Judge to clearly see it or is that deemed not necessary? |
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