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.
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Wow, Its taken a year for the bank to take me to court for owing them for what they say I owe them is £2858.26.
The fact that I have been harrassed for this duration by all of my creditors and none have been willing to take me to court... the time has finally come.
So... where to begin!
In January 2006 I went into debt because mine & my husbands business went bust, unable to sustain the cashflow leading upto and during christmas. At which point I became very ill from the worry of debt and the doctor put me on a diazepan to calm me down.
In excess I had 13 creditors and a grand total of 122,450.69 in January 2006 owed.
Ive since got a job with an agency but it is only temporary and my husband is looking after the children.
Ive managed to rescue the mortgage but now Lloyds TSB have applied to the courts and I have received a claim form for £3048.26
When I first started to get letters from Lloyds about being overdrawn they were hd managed to charge me in 1 move over £300 in bank charges. And because they did not accept my token payments £2.00 when I was unemployed they closed my account with the money it had in it.
To start - what form exactly have you got from the court - I presume it is to get a CCJ issued against you? And have you got all your bank statements for the past 6 years?
Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.
** Nationwide - £1821.15-PAID IN FULL - Aug 06 ** ** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 ** Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....
I have my bank statements and all the letters from the bank and the debt collectors. All the faxes sent to the various departments that they kept moving the debt too, claiming each time they didnt know what had ben sent.
The only statement I dont have is the balance of my other account when they closed it. I think it was about £40-£50 in there.
Well, I faxed of a letter to the Solicitors.... To my surprise they completely ignored the letter which I pointed out various facts that although I owed them @ £3000, most of this over the 2 years, was as a result of charges... and should they persue in court I will request that the court takes a closer look into my account and lloydstsb deallings. I also told them that I had reported their antics over a year ago to the OFT and that they had made me so ill that the doctor had to sedate me. All of which would come to light in court. I responded to the court online and requested 28days instead of the 14 days to prepare my defence. So the first 14 days went past. And I gathered all my evidence. Laid out the total of my Charges, The total of interest, The letters, the demands, the passing of departments and the supposed companies in a file all in chronological order. Then I waited for the 28th day, still no reply....(So am I bluffing?) Ive been through tougher things than a court order! Ive lived through the intimidation and survived.....SO NO IM NOT BLUFFING!
On the 28th day I wrote my defence. The court acknowledged and forwarded it to the Claimant LloydsTSB.....
So come on Lloydstsb, you think your the almighty dragon, well you just called the dragonslayer and Im standing before you in my suit of armour thats no match for your underhanded strategies........
Whats this.....A Letter, could it be the white flag!
They thank me for getting in touch!
Theyre SORRY im unhappy over my charges!
They assure me it will be investigated!
Oh and here's the "How to voice your concerns" Leaflet.
I KNOW HOW TO VOICE MY CONCERNS VERY WELL!
How about I give them a leaflet on HOW TO BE ACCOUNTABLE FOR YOUR ACTIONS!
The bottom line is...I have nothing to lose! They do! And I have tongue like acid today!
So watch this space...Im looking forward to a joust in court!!!! Your all invited.
So the Solicotors have retaliated. Interesting. They say they have REQUESTED the county court to enter Judgment against me. A judgement order detailing payment WILL be sent to me by the court.
Meanwhile please return a completed Standing Order Mandate. Oh and the the Judgement Balance has now gone up from the court claim to a further £40. They will also be sending me a Giro Credit Slip book in the next 7-10 days.
This is truely laughable, if not sick. The intimidation of preempting a judges response is disgusting. The court has not received anything from them yet! The judge has not struck out my defence. And in true Catherine Tate style...."HOW VERY DARE YOU!" I will be very surprised if the judge strikes this out! Im gunning for my pound of flesh now....and demand their heads on a skewer!!!!!
Well, as Lloyds said they would do...last week they sent me the Giro Slip booklet....so, I thought they either knew something I didnt or they were really pushing their luck. Either way....Im not sure where I stand as yesterday they missed the deadline to respond to my defence of the debt. I spoke to the court today and they say they have issued a stay. So I looked at a link on this website to find out what it means to me....but Im still unclear. Maybe my heads just a bit cluttered and unable to make sense of the content but what I did read on Applying to remve a stay it is discussing from a claimants view and not in my case, a defences view. So I dont know where I stand. Can anyone help, in laymans english?
Hi, today I received a transfer of proceedings from the court. Am I really going to go to court for this? I though noone has had the banks in court yet. Now im scared.
Hi
Nothing to be scared of, this is perfectly normal. Lloyds will settle up anytime between now and a day before your Court date. Have a read of all the successes to boost your confidence: http://www.consumeractiongroup.co.uk...tsb-successes/
Thanks. So now....they have sent me the allocation questionaire...I guess I fill that in and send to the courts. Do I need to do anything else yet....send bundles? My doctor wrote me a letter when I was sick, would I need to put him down as a witness or an expert or not at all? Do I need to request his permission to attend?
My account with lloyds also ended with them claiming I owed them (though only £312). After charges they actually owe me money.
I'm in court next Tuesday with them (unless they settle, though its unlikely they'll address all aspects of my counterclaim in what seem to be standard letters they send so chances are I'll still be in court either way) so you may want to keep a watch and check how things turn out for me
Good luck anyway and don't let them push you around (pity you weren't lucky like me. Since I defended and counterclaimed their solicitors have been very quiet... or silent in fact)
All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!
17/10/2006 Recieve claim against me from lloyds TSB for £312.82
18/10/06 S.A.R - (Subject Access Request) sent
03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges
15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice
29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go
19/06/07 Letter from court stating Lloyds have made a cheque payment to court
ok. I have a letter from the court saying the court date is : 11th Sept 2007. Original doc to be brought to hearing but the parties to serve and file copy docs by 12th July. Not permitted to instructed experts. A statement by each pf the parties and any person who is to give evidence must be filed and served by 12th July.
Why dont they put these things in English. Need help understanding what they are talking about and what I need to do.
Between 10th Dec 2001 - 18th Jan 2007 I was charged 2762.50 there claim is for 3048.26. Ive added the 8% interest to what I was charged taking it to 2983.50. Leaving only 64.76 to pay. I asked them to freeze the interest on my account. Instead they closed my accounts. Of which my other account had £70 in. Not a great deal but enough to cause pain. I even complained to OFT.
OK. Done my bundle. Really happy with it. Sent copy to the court. Court didnt receive bundle from lloydstsb within their deadline. Wrote to court to strike out their claim based on Lloydstsb disregarding the courts request to submit within deadline. Not sure if that will make any difference. Not that worried about Lloydstsb now. Currently more worried about the other creditor that on my heels (Court date day before Lloydstsb with Egg). Now im scared.
Crunch day TODAY. Due in court this afternoon....Talk about having my fill of cases against me. Just put Egg debt back to sleep (Claimant Discontinued claim).
Now, its Lloystsb turn.... Not so sure I'll be as fortunate. However, Ive nothing to lose. And I'll take each one as they come.
Lloyds TSB vs Me***WON IN COURT***
but now Lloyds
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