Thread: Lloyds V Angi77777 - ****WON!****

i'M AT A LOSS AT THE MOMENT. I STARTED THIS CLAIM FOR CHARGES ON BEHALF OF MY EX-HUSBAND (WHOM I'M STILL FRIENDS WITH) AS HE WAS HAVING FINANCIAL DIFFICULTIES. HE HAD ACTUALL SEEN A PROGRAM ON IT LAST YEAR AND WROTE TO Lloyds IN OCT 2006 FOR 6 years OF STATMENTS. AFTER TWO FURTHER LETTERS (ALL SENT BY RECORDERED DELIVERY) HE HAD STILL NOT RECEIVED ANYTHING EVEN THOUGH HE HAD SENT £10 AS INITIALLY REQUESTED. I HAVE NOW STEPPED IN AS WAS READING THE SITE AND GETTING ALL INFO. MY EX HAS NOT USED THE TEMPLATE ON THIS SITE AND I THINK THIS IS THE REASON WHY WE ARE BEING STALLED. I HAVE NOW RECEIVED A SUMMARY OF ALL CHARGES INCURRED SINCE 31/08/01 - 01/02/07 HOWEVER HALF OF THE STATMENTS ARE MISSING. ALSO MY EX HAD SENT A LETTER REQUESTING A FULL REFUND JUST BEFORE THESE ARRIVED (EVEN THOUGH HE DID NOT KNOW THE TOTAL AMOUNT WHICH IS £3583.71!) ...SUFFICE TO SAYHE HAS NOT RECEIVED A REPLY.
I HAVE 2 QUESTIONS
1> AFTER ALL THIS TIME AND NUMEROUS LETTERS DO I STILL NEED TO SEND LLOYDS A FINAL LETTER ENCLOSING THE SCHEDULE OF CHARGES OR CAN I NOW GO STRAIGHT TO COURT?
2> I ALLOWED MY EX NOT TO PAY ANY MAINTENANCE WHISLT HE WAS HAVING FINANCIAL DIFFICULTIES AND HE WANTS ANY REFUND TO GO STRAIGHT TO ME INTO MY LLOYDS TSB ACCOUNT, IS THIS POSSIBLE?

ANY ADVICE WOULD BE MUCH APPRECIATED.
ANGI77777 :-|

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i would take it slow and do this as if your starting from scratch. if half the statments are missing write to Lloyds stating the data protection act and say unless you get all the statments asap you will be taking legal action.
then go through all the steps to get a refund. lloyds are horrible and will fight to the end, they settled the day before i was due in court!!
just remember slow and steady wins the race, you dont want to mess up and have the whole thing thrown out.

HOWEVER HALF OF THE STATMENTS ARE MISSING.

Are these still missing? If so, you need to chase these up. It would be better to find these out rather than issue an estimated claim.

Is this for a previously joint a/c?

This is for a previous joint account that is now in my ex's sole name. Also i know the exact amount owed as they issued a full summary of charges for the dates 31/08/2001 - 01/02/2007 but only half the statments. So i know on what date they debited charges and for how much. If this helps?

DO I STILL NEED TO SEND Lloyds A FINAL LETTER ENCLOSING THE SCHEDULE OF CHARGES

I would re-send an lba, enclosing the schedule, but only give them 7 days before filing. As it's a previously joint a/c, even though it's now in sole name, Lloyds may insist on paying half to each of you and use the fact that only you ex is making the claim to stall, so it may be worth making a joint claim using N1

Thanks, i thought i may after do that. However i am only making the claim in my ex's name...i'm just doing the leg work and paying any fee's. I thought this would be best as most of the charges were incurred when the accounts was in his sole name.

That's fine. They may well pay without question, but old joint a/c's have had problems like this in the past. Just so you're aware.

Hi, all Well I re-posted my lba and the 7 days was up today. no acknowledgment letter no funds...nothing from Lloyds at all!
So I guess now i have to sort out and go to court. Will be sitting down this evening and filing claim. This is all taking far longer than i expected but heyho i'm in no rush.

Any idea's on the above???? Please anyone?

Thanks
Angi77777

Well I've posted court papers in sole names with a letter requesting "right of appropriation" so that any money due arising from legal action against Lloyds TSB must be paid directly into my sole account, and my ex has signed this.
Lets hope it all works!!:-|

Thought i'd slipped through net and Lloyds had not defended my claim but alas they have,
They now have furth 28 days to defend claim...which we all know theywont but I hear the OFT or FSA are already looking into these charges and will rule soon so dont want to miss out.

Hi, having been away and just seeing what Barty worte

"They have 28 days from date the claim was served to enter a defence. You should then receive a copy of this and an Allocation Questionnaire to fill in. These links should help you with that"

My court papaers were deemed served on the 22nd March so the 28 days were up on 11th April!!

allowing for a few days as suggested in some threads Lloyds have still not issued a defence nor have I had any letters from SC&M?

Do I now apply to the court for judgement? Or Do I send one of those non compliance letters?

Also found out today that Lloyds have withdrawn all my ex's banking facilities. So goign to branch in 1/2 hour to help him sort it.

Starting to get really frustrated with all this now.

Angi77777

Can anyone help to the above? Pleeeeeeeeeeese.

Angi77777

28 days will in fact be up on 19 April!