Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Number6 -vs- Lloyds TSB **WON**

    Right.

    Hi everyone and here we go!

    I sent the opening letter to LTSB on 6th June requesting repayment of £2671.64 in fees and charges.

    I received my "standard" reply from David Just today (13th june).

    It's the usual standard letter I think but here are three salient paragraphs:

    "You incurred charges because you did not ensure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits and within the terms and conditionsicon.

    You accepted these terms when you opened your account and when you agreed your overdrafticon. We did not agree to pay your account in excess of the amount agreed without charges being made.

    Accordingly I am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditionsicon of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and conditionsicon, we may have to consider withdrawing certain facilities, such as any debit cards, overdrafts and chequebooks. Alternatively you may wish to consider alternative banking arrangements."

    I take it there's nothing new there and I should wait for the requisite 14 days before sending the next letter? Or should I do anything else?

    I already have "parachuteicon" accounts set up with other banks just in case.

    I feel nervous but excited about this now.

    Pete


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  2. #2
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    Default Re: Peter Browning -vs- Lloyds TSB

    Sounds like you have it all under control, i would wait 14 days from what i have read here, the judge looks more favourably to you if you do, or you could just send the lbaicon of now, they have said it is their final responce after all, its really is upto you, good luck!!!!!!!!!


  3. #3
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    Default Re: Peter Browning -vs- Lloyds TSB

    Wait the full period of time. You need to give them a full 28 day period, with the lbaicon sent at the 14th day.

    .
    Barclays - £268 - Moneyclaim
    Capital One - £172 - Moneyclaim
    Abbey (2nd claim) - Moneyclaim
    ---------------------------------------------------

    HSBC - £2164.46- PAID IN FULL
    MBNA - £471 - PAID IN FULL
    NatWest - £307 - PAID IN FULL
    Abbey Business - £314.15 - PAID IN FULL

  4. #4
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    Default Re: Peter Browning -vs- Lloyds TSB

    Thanks for the encouraging replies.

    I'm looking forward to what will be the first of many claims.

    How amazing is this site and the work its mods do! 5% of each successful claim will be on its way here.

    Pete


  5. #5
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    Default Re: Peter Browning -vs- Lloyds TSB

    Right, the 14 days has expired today and nothing further has been received. It's time for the lbaicon!

    I will write it today and post it this afternoon.

    Pete


  6. #6
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    Default Re: Peter Browning -vs- Lloyds TSB

    Good man

    reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.
    reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.
    reload vs Capital One - £456.57 Settlement Reached 14/07/06.
    reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

    Lloyds Bank - The Template Response Letters!

    Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  7. #7
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    Default Re: Peter Browning -vs- Lloyds TSB

    Blimey reload you seem to be everywhere,what energy!!!!


  8. #8
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    Default Re: Peter Browning -vs- Lloyds TSB

    I've noticed that - firing on all cylinders eh!?

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  9. #9
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    Default Re: Peter Browning -vs- Lloyds TSB

    I get around

    reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.
    reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.
    reload vs Capital One - £456.57 Settlement Reached 14/07/06.
    reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

    Lloyds Bank - The Template Response Letters!

    Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  10. #10
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    Default Re: Peter Browning -vs- Lloyds TSB

    lbaicon sent today, 21st June.

    The clock is ticking!

    Pete

    I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

  11. #11
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    Default Re: Peter Browning -vs- Lloyds TSB

    Satndard response to my lbaicon received today dated 28th June and signed by Jamie O'Neill, Accounts manager at the Customer care Recovery Centre.

    Usual things..... sorry you're not happy........ little I can add to our previous letter...... this is the banks final response..... speak to Financial Ombudsmanicon if not happy, etc.

    Six days to go before I can start Court Proceedings!!

    ..... or should I start proceedings immediately as they have now made a 'final response'??

    Pete

    I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

  12. #12
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    Default Re: Peter Browning -vs- Lloyds TSB

    It's your choice really. I personally would start right now as they have made their views clear and will not budge. Others would advise you to wait.

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  13. #13
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    Default Re: Peter Browning -vs- Lloyds TSB

    Decisions, decisions!!!

    I'm inclined to wait for the full 14 days if only to show that I've kept to my side of the deal....... but I'm not sure.

    Pete

    I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

  14. #14
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    Default Re: Peter Browning -vs- Lloyds TSB

    Actually, I think I will wait for the 14 days.

    There may well be some more bank charges that I can add onto the claim by then

    Pete

    I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

  15. #15
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    Default Re: Peter Browning -vs- Lloyds TSB

    It's not long to wait. It also gives you a little bit of extra time to read up and strengthen your case incase it does go to court.

    Best of luck.

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  16. #16
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    Default Re: Peter Browning -vs- Lloyds TSB

    Sorry for the lack of posting.

    A series of serious domestic and family crises cropped up that took priority. All sorted now (until the next one! )

    The upshot of it all is that I have not yet started a claim against ltsbicon.

    Because of the delay do I need to start the whole process off again or can I simply press on and issue a case in the Small Claims Court?

    Pete

    I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

  17. #17
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    Default Re: Peter Browning -vs- Lloyds TSB

    Sorry for the lack of posting.

    A series of serious domestic and family crises cropped up that took priority. All sorted now (until the next one! )

    The upshot of it all is that I have not yet started a claim against ltsbicon.

    Because of the delay do I need to start the whole process off again or can I simply press on and issue a case in the Small Claims Court?

    Pete

    I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

  18. #18
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    Default Re: Peter Browning -vs- Lloyds TSB

    No, you don't need to start the process again. Just issue your claim. If your case did end up in court you could state that you provided them with extra time and would be deemed as more resonable!

    I hope all is well in your family.

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  19. #19
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    Default Re: Peter Browning -vs- Lloyds TSB

    Many thanks for the quick reply.

    The claim will go in tomorrow.

    Thanks again, and sorry for the double posting earlier.

    Pete

    I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

  20. #20
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    Default Re: Peter Browning -vs- Lloyds TSB

    Probably a silly question but.....

    I've just completed my "Moneyclaim" claim and submitted it online. There appears to be no mention of what to do about paying the fee to actually issue the thing. The case is saved in my list of claims with the "Claim" column saying "Continue"; if I click continue it simply takes me back to my claim, if I trhen click "Submit" the page simply says "Done" and I go around in circles.

    Help... what do I do now?

    Thanks in advance.

    Pete

    I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6


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