can this thread be merged with my original? http://www.consumeractiongroup.co.uk/forum/lloyds-bank/59969-kevinbacon-lloyds-tsb.html as I guess i've won now

[sigh] still nothing from them

:O Quite an epic story to read! I've watched movies with less excitement than this hehehehe Congrats!!

they have offered it including the 8% interest and £120 court fee, £100 allocation fee (which i didnt have to pay in the first place). I just think that it will cost them alot more even if i request an additional 10/15% extra for compensation, it would be better to pay than go to court and still lose and end up paying the barristers fee etc

hmmmmmmm but they will have greater costs if it does go to court clearly as they have stated this as the reason for settlement in the letter, so just how much would it cost them and to what point would it make sense from a finacial perspective to settle out of court?

I just had a letter from SCM and they have offered full settlement of my claim!! woooo! :D only I see they have their proverbial tails between their legs and I am thinking of requesting a further payment for additional interest that would be earnt had the claim reached its court date + a sum of £500 as a gesture of goodwill from lloyds as means of compensation for unnessecary distress and hardship caused during the period of excessive charges What do you guys/girls think about this?

That is exactly what has happened with the majority of my charges! I had a Lloyds loan for £2000 which i asked to increase by £1000. They said they could not do this but instead will give me a £3000 loan and pay the £2000 one back. I didn't have enough of the £2000 left to repay so I had to take on both loans over a 4 year period. These were direct debits that could not be cancelled as they were lloyds tsb loans, and these were never returned as it was to the benefit that payment was taken, as they were assured of my monthly income covering the overdraft! It is a very crafty way of behaving! Is there anything about this I can submit to the courts? cos i'm sure that they will claim they were doing me a 'service' for it. Arrrgghhhh i'm so angry!!

Jammy Git!! I have a court date now for the 20th aug waaa! Enjoy the holiday!!

I have had no contact from Citibank with reply to my SARS request. I called them yesterday and just happened to mention I was making an official complaint to the Information Commissioners Office. They suddenly managed to find my details and said that it was being dealt with. I reminded them of the fact that the 40 day period had expired and I would be filing the complaint on friday should i not receive my request by that time.

knock knock?

I have just had confirmation of my court date, the judge has allocated 1 hour of time on the 20th of August. I have 21 days to submit my stuff. In light of the 2 recent victories by Lloyds TSB is there any new evidence i can submit to support my claim? I think the court manager had taken my draft of directions as they more or less match what i had suggested. The best part would be Lloyds have to provide evidence of their costs involved in relation to the charges they provide for the service. As of yet no Bank has been prepared to explain those costs in a court of law. Any help is appreciated!

Having read threads relating to further action that can be taken when given a court date, I am contemplating sending out the following letter to the court with the attached draft order for directions. Just want to check that this is a wise move or not? Dear Sir/Madam, If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order. I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously. If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts. As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour. Please find the following attached to this cover letter; 1) Draft order for directions A copy of this letter and its attachments were sent to the defendant on the 19th May 2007. This website has been of great help and continues to be, thank you to everyone who has given me advice and those which have submitted literature templates.

congrats!!

I have just read an interesting link from barty's response about not recieving the allocation questionaire. Is this what we should send out to the court as a polite request of what to include on the directions? If so I should get this printed out and sent off right? Did you send this out ironman? Reading some of that statement of evidence it looks like we could have the bank by the short and curlies!

Barty u jammy git u didn't even have to go to court! heehehe

I just recieved the letter from my local court (Chesterfield). As you said before it has the allocation questionaire crossed out. Lloyds or their solicitors have also entered their defence I presume its the same stuff they send out to everyone, saying their charges are not penalties etc and we agree to the charges when opening an account. Also, the charges are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to regulation 6 of the unfair terms in consumer contracts regulations 1999, are not subject to the assessment of fairness. I called the court and the lady said directions will be sent out by the court.

Hey Kaz! I'm from Chesterfield too....small world! I've started claim procedings and i'm waiting my court date. I guess i'll start collecting info once I get that. glad you beat them finally!

Should I contact the bank or their solicitors again? Maybe I should tell the solicitors I will accept charges of £5 for each penalty as will deduct that amount from my claim if they will settle it. I should start to collect information for court then I guess {sigh}

Money owed by Lloyds TSB 7QZ52910 Defence You are unable to take any further action online on this claim. The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly. waaaaaaaaaaaaaaa! what do I do next?

I have just received acknowledgement of service from the court. It says they have 28 days from the date of service to file their defence. Is this from the date it was deemed to be served (the 22nd April) or the date they have acknowledged? (1st May) The solicitor is Sechiara Clark and Mitchell, Brighton. Has anyone had dealing with these? What can I expect to happen next? Thanks again for your advice

I currently have a MCOL claim against Lloyds TSB for my bank charges, so I'm aware of most of the things I need to know. I'm unsure is it's the same approach with credit cards as OFT has already passed their ruling on the charges. I am no longer a CitiBank customer and I do not have any of the statements. What is the best way of asking for my data request without knowing exact account details? Will my name and address be enough? I had a CC limit of £1000 which ended up being around £1900 before they sold the debt on to a DCA. I'm assuming around £1000 in charges so even if they pay back up to the OFTs ruling I would be due around £500 in refund, which is good enough for me. If I go to court to purely recoup the difference in charges could I then apply interest? I think that would be a faster way of settlement rather than to try for the whole amount?

Hey all, I'm just wondering if I can try to claim back charges made on to my credit card account that I had with citibank a few years back? I'm sure all the charges were inside the 6 year period. Does it matter if the account has been closed since? It got defaulted. If I am able to claim, how easy is it getting a refund? I know there has been rulings on credit card charges set to new £10/12 limit. That would make it easier to claim back at least half of what they took from me right? I would estimate its about £500. Advice would be great thanks!

Arghhhh this is getting tense stuff now Its like David vs Goliath Hope they miss the deadline mate

I read on here that once a court claim has been filed we need to register it with the wbesite? I can't find where i need to give this info. I guess this is so that statistics can be made? My claim will was deemed to be served as of 22/04/07 and filed on 17/04/07. so now i just wait to see if lloyds contact me or if they defend it.

Ahhh I made new rows and columns to make it look more jazzy lol I've fixed it now. Claim is now submitted plus interest :-D