Lloyds TSB

[texel]

Argue against the sist.l I am just back from the court today case against the BOS Their lawyer tried to sist for the third time again sist turned down but unfortunately the judge allowed a 10 week period as the lawyer came up with some things that has happened at the OFT hearing that I did not know about and evidently something is meant to happen within the 10 week period so the Judge said to wait until 19th. Sept for a continuation and nothing would change his mind so I will have to go to ,court again for the fifth time

[buzby]

Originally Posted by lindar

I have received a letter from Lloyds stating they will defend the action and Sheriff Officers have just dropped off paperwork re sisiting the case.

What kind of Paperwork? Is it simply their defences (sist) or are they trying to wrest control from you by making an Incidental Application ?

[lindar]

Hiya Buzby

They are making an Incidental Application - case to be heard September 9th.

[buzby]

This is a pain, as an IA takes the initiative and you have to dance to their tune, whether you like it or not. An IA can have the effect of bringing forward a legal point you're not interested in, and having the sheriff evaluate that first. If this is successful, then the substance of your entire claim can be invalidated, so it is imperative that you reject their points and ask the Sheriff to note that this is simply a ploy and to allow your case to proceed to proof.

[lindar]

Is that all I basically need to do then, argue that this is a stalling tactic whilst OFT case being heard?

[buzby]

No - stalling is a legal device too! Look out for the GovalnLaw Dociety's brief on how to challenge Sists, as the reasons are well argued and may well convince a Sheriff that what happens in England is an irrelevance to the Scottish judicial process. (I think it is on the GAC site somewhere).

[daviet1976]

Here it is---

http://www.bankcharges.info/resources/sisted.pdf

[lindar]

Got it thanks - have until 9th Speptember to have arguments ready.

[scaniaman]

Originally Posted by rory32

If you are going to claim against Lloyds TSB Scotland plc in Edinburgh I think it would be wise to send the initial approach and then the letter before action to Lloyds TSB Scotland plc just to remove any wriggle room that they might have.

Registered address is:
LLOYDS TSB SCOTLAND PLC
HENRY DUNCAN HOUSE
120 GEORGE STREET
EDINBURGH
EH2 4LH

For attention of Mrs. Susan Rice. CEO

[cp1949]

Why are other members of LLoyds TSB using my thread to ask questions, I'm getting confused with what is what.

[maroondevo52]

Hi, cp1949.


I know where your coming from, we try to discourage this sort of thing.
I'll keep an eye on your thread, If it happens again, I'll try to 'nip it in the bud'


Regards.

Scott.

[cp1949]

Originally Posted by scaniaman

For attention of Mrs. Susan Rice. CEO

Hi

I sent all my letters to Edinburgh for the attention of Mrs Susan Rice and every letter has been forwarded to their Andover branch in England who apparently deals with all complaints.

cilla

[scaniaman]

Hello CP, That's very interesting indeed. My complaint took exactly the opposite route. Local branch told me to put complaint in writing. When I took letter back (to let manager see it before sending it off), they were very uncertain as to where it should be sent. Eventually, it was sent to Customer Recovery Unit, Brindleyplace service centre, 2,Brindleyplace, Birmingham. B1 2AB. 0121 224 3547. I had four replies, all from diferent people, over a five month period (they say two other letters sent--didn't arrive here--sounds familiar??). Then a burd called Linda Aston wrote (supervisor?) and basically told me to ---- "OFF" and refer complaint to Ombudsman. I then realised we were at impasse, and wrote to Mrs. Rice. (Im' an ex Aberdeen student--thought this may carry some weight as she lives in that area and her man is in charge of Aberdeen Uni.) Got reply from Fiona Thornton (one of Rice's sidekicks), saying that investigation showed bank was at fault. After several letters to FT, she handed my complaints to her Gaffer called Jas. Hughes. They are still PUSHING me to report to Ombudsman. LloydsTSB are supposed to settle claims in 20 days or you can report to Ombudsman---This Has to be Last Resort.
Scaniaman(1943)

[cp1949]

HI Scaniaman,

I live in Buckie and was told by someone on here to send my letters to the Head Office in Edinburgh Mrs Rice, about a week later I received a letter from Andover who apparently deal with all account complaints. I was given the usual rubbish so sent LBA to Mrs Rice at Edinburgh who sent it to Andover and again got the usual reply. As yet due to ill health and finances I have not as yet sent the small claims court papers, but have since seen on the site that all Scottish claims are being sisted till trial case is over. I have since my original letter had yet more charges stopped so I will be sending another letter then this time it will be a small claims court they will recieve next. I cannot understand what Andover in England has to do with LLoyds TSB Scotland plc, so I did query it with the OFT is it and they told me that Andover does deal with all bank complaints, but my argument is that Scotland laws are different to English laws so how does an English TSB have anything to do with a Scottish TSB.