Thread: IrishRose v Lloyds TSB *ANOTHER LLOYDS STRIKE OUT!*WON*

Hi guys and gals. Ain't this site the bee's knees! I feel I'm back in my campaigning/demonstrating/marching youth! Power to the people! Isn't it great to see hugely powerful financial institutions brought down a peg or ten by the great unwashed! I'm loving it.

But down to business.....

First letter requesting refund of £1323 sent 5 January.
TSB response (the 'Debbie Gilbert' letter) sent 12 January.
lba sent 23 January.

So I'm filling in my NI and ready to file 15 February.

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Thanks, Barty. Looks may be deceiving! Whatever I know, it's thanks to this site. I'm okay up to this point. I might go a bit heywire a bit further down the line though so it's good to know there is such friendly support available here.

I don't know why I said I'd be filing my claim on the 15th! Must have been having a senior moment. I meant the 7th.

So..... claim issued 7 Feb. Total £1692.
Deemed served on 9 Feb so the old nag has until 23 Feb to reply.

No doubt I'll have to take my place in the long-winded queue to settlement. I had just a glimmer of hope I might be one of the few lucky ones to whom they concede with barely a whimper. But they haven't even responded to my lba or offered me £750 which I'm pretty upset about . Don't they like me or something?

(I'll live with it.)

Just as I was beginning to think Lloyds didn't love me, I've received a letter on Valentine's Day to say they're going to give me £750. Aren't they romantic?

Amusingly, they have worded the offer as a £660 goodwill gesture plus they will waive the £90 of charges due to be applied next month. This has tickled me, because I've already filed my claim at the court and I was saving next month's charges for a rainy day! Now it seems I won't have to pay next month's charges and I'll still, eventually, get back all Lloyds pinched from me!

No conditions were attached to the offer. They've just said this will be credited within the next few days (the letter was dated 9 Feb, postmarked 13 Feb and there's no sign of any dosh from them in my account yet).

I guess this offer has crossed with my court claim (deemed served 9 Feb).

I know others on the forum have received these £750 goodwill gestures but I can't find any of the threads this morning. (My eyes go a bit dodgy when I scan on screen!) I'm not going to accept the £750 as final settlement so I know I need to write to let them know I'll have it as part settlement.

How should I play this? Do I wait until the readies are in my account (which will actually put me in credit for only the second time in the last twelve months!) and then write a) to Lloyds to tell them I'm accepting it as part payment only, and b) to the court to tell them I've received a part payment and my claim should be amended accordingly? Or should I respond straightaway (and give them the chance to withdraw the offer before the money is transferred) and see what they do?

Any advice appreciated.

IR

Can anyone advise me as per my post yesterday? Nothing's changed. Still no credit into my account. Is it likely their offer and my claim have reached the same desk so they've withdrawn their offer?

Thanks for that, Livelylad. The credit has hit my account this morning (recorded as an ExGratia entry) and I must say my balance looks damn sexy in black. It's been in red for some time -- a colour that just doesn't suit it. But hey-ho, in for a penny in for a pound. I know I'll get it all back in the end so I shall send the response letter authorising Lloyds to remove their ex-gratia dosh unless they want to forward the balance of my claim in full settlement.

Anyone know how Lloyds usually reacts to the 'rejection of offer'? Do they usually remove the payment? Or do they seem to accept it as a deposit on what they know they'll have to pay a couple of months down the line?

Excellent! I feel a good night down the pub coming on!

Hangover was pretty wretched but I managed to get a rejection of offer letter posted on 17 Feb, authorising bank to remove their part settlement.

Next event will presumably be the acknowledgement of service by 23 Feb. Can anyone tell me if the court automatically advises claimants of this?

Thanks for that, Barty. I'll have to be patient until the very end of the week, then.

Urgent help needed, please. My AQ deadline is today. I don't usually leave things to the last minute but my father died two weeks ago and I've got pleurisy so I'm a bit of a wreck. I've looked into the AQ strategies but because I'm feeling both a physical and emotional mess I'm not overly confident I've got things right. Can someone please hold my hand?

The AQ is the N149. Is this what I should type in Section G?:

"The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

- In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour. "

And then attach a draft order as follows:

"In the XXXXXX county court
Claim number XXXX

Between xxxxx - Claimant
and
Lloyds TSB - Defendent

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order."





Have I got this right?

Thanks for that, Guido. Yes, the rest of the form I'm okay on. But your reply has made me wonder: should I comment anywhere on the aq that Lloyds have repaid £750 of my claim (which I wrote to confirm was not accepted as full settlement)?

aq filed at the court office half an hour ago, so deadline was met with an hour to spare! Thanks again, Guido.

Recieved this morning from Newark county court:

"General Form of Judgment or Order.

Before Deputy District Judge xxxxx sitting at Newark County Court.
EX PARTE
It is ordered that
The matter be listed for a Small Claims Hearing with a time estimate of 2 hours.
Dated 13 March 2007.
Please Note:
The above matter has been allocated to the Small Claims Track with a time estimate of 2 hours. Hearings with a time estimate of 2 hours or more are to be dealt with and listed by Lincoln Crown Court.... [who] will advise the parties of date/time/venue and filing of documents in due course."

Lincoln CC is, of course, something of a legend on CAG, so I've no problems with the transfer, but why have they estimated 2 hours (I said one hour on my AQ)? Or are they saying two hours purely as a device to get the case transferred to Lincoln?