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mattyb13

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Everything posted by mattyb13

  1. Right after being successful in reclaiming my bank charges back last week I think now is a good time to start again. I have just totalled up my charges they made since filing my court claim and they come to £475 and at least another £70 to be added in August.Not as much as my last claim but better I have it than them . I know that there are a few that have made repeat claims v lloyds, do they pay up any quicker 2nd time around? I have sent my prelim letter off today and have added the following paragraph to it: I would like to bring it to your attention that I have just recently been successful in reclaiming bank charges from you. My claim number was xxxxxxxx. This matter was settled in full only a week before my court date, after you had acknowledged the claim, filed a defence and I had served a copy of my court bundle to you. Hopefully it will speed them up a little although I doubt it very much.
  2. £50 .... I think you should take it and run its a great offer Do they really think you are just going to take and forget about £4k - £5k lol.
  3. Kev, I think its great that after everything you stick around and encourage others and congratulate them on their wins. I think alot of people if they were you might have just dissapeared. Nice one mate And well done to everyone up at Hull
  4. Bump. anyone have any ideas if I should go for the strike out on the 1st AQ
  5. Right, this seems to be going slow. I have received an AQ from the court whish needs to be in by 12th July. I never received an AQ with my last claim and I'm a little dissapointed that I have received one as I am sure that Abbey will ask for a months stay. I'm thinking about asking for a strike out in my AQ. Is this a good idea on a 1st AQ or shall I wait and see if Abbey ask for a stay and put it on a 2nd AQ. Any thoughts gratefully received. thanks
  6. Linzi, I am not 100%sure but I think it is the charges that come to over £5K then it makes a difference to your claim so as yours is with interest you will still be small claims. As far as lloyds defending goes, yes they do but they dont actually defend themselves in court. It is a long hard slog with lloyds and they delay and frustrate all the way. Most of the cases they settle before the court day. I had my payout last week but was due in court this week. Dont worry about claiming against lloyds its just the same but it may take longer to get your money, but it just makes you more determined. Good luck
  7. I have just won against lloyds and have an ongoing claim with Abbey. The defence from lloyds stated no breach of contract whilst on the other hand Abbey say in their defence that there IS a breach of contract I can only assume that the case is decided on this in Judge Cooke's eyes
  8. Thanks alot for the congrats, it feels good. I know everyone says it but if i can do it anyone can. I never knew the 1st thing about reclaiming through the courts until I came to this site but it gives you all you need to win. good luck everyboddy with your claims. And im not going anywhere either soon there will be Mattvlloyds part2 and mywifevlloyds.
  9. Nice one JF, I took some of the family out celebrating last night and im taking some more out tonight. We are going on holiday in 10 days aswell so the money is a great boost and I no longer have a £2300 O/D with lloyds, great isnt it.
  10. I sent the non complience letter which they received last friday and got paid today. Im was due in court in a week, so it may have worked
  11. Thanks Gary, It does seem to be a great week against lloyds. Can you put a big WON in my title so I can see what it looks like. thank you ooops you have, thank you
  12. Well done Dave, im just down the road from you in Worcester and I got mine back today £4k. Gary, Ive PM'd 2 mods but they havent changed my title to won, if you read this could you change mine aswell please.
  13. Hi can one of the mods please change the title of my thread to WON I cant believe it, I checked my account this morning and nothing and checked again when I got in from work at lunchtime and still nothing. I had a sleep and woke up about an hour ago, checked again and it was in there. £4010.02. I would like to thank all the people that have posted on my thread and all the moderators and site helpers who run this site as without all the help I would never have done it. I will defenitley send a donation, is it possible to send a cheque as a donation as I no longer have a debit card thanks to lloyds. If so could one of the mods please PM me the address, if not I will use my wifes debit card and set up a paypal account(is that how you do it??) Anyway Im off out to celebrate with the family now. Once again thanks to everyone and keep the faith. I still have a £3800 on going claim with the Abbey and Im going to start a new claim with Lloyds next week :D :D matt
  14. Hi, Yorkshirerose, I'm not being funny but I think this is the 7th thread you have started, you should try and keep everything on one thread it makes it easier to help and to find out how you are getting on. On about 3 of your threads you have been given this link GOT A COURT DATE? Important, please read...... If you click this link you will find the full oft report in the 1st thread. You dont need the whole report just the front cover, the overview and the section about disguised penalties. (section 4.21) I recommend you PM a moderator to merge your threads as its easier if all your info is on 1 thread. good luck
  15. Hi tenmem here is that letter The Court Manager ****** County Court Court address Court Postcode [date] Notice of Discontinuance Dear Sir/Madam [you] -v- The bank Plc Claim Number: ******** I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defendant paid the full amount claimed, namely £***, by way of a cheque/credit to my bank account on [date]. As such, no further action is necessary in respect of this claim. Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored. A copy of this letter has been sent to the Defendant. Yours faithfully
  16. Filed my bundle this week and today was the deadline and have received nothing from [problem] (surprise surprise ) so i sent the non complience letter off today.
  17. Hi, Tenmen, very well done on your success it is obviously very welcome for you but also it will hopefully bring back some faith to the doommungers(is that a word? lol.) PM a mod with the name of your thread and they will change/move it for you. Yes, you do need to inform the courts and yes there is a template letter for this on here somewhere cant find it at the mo but if I come across it I will add it to here. Well done
  18. Thanks the link in the 1st post only goes down to section 17 but the witness statement refers to section 18 so that was a great help.
  19. Right, Im just going over my bundle noe before I send it off in the morning and have come across this paragraph in the witness statement: “Section 5.8 - Disguised penalties.Objections under the Regulations to an unfair financial penalty can apply to any term which requires excessive payment in the event of early termination, or for doing anything else that the supplier has an interest in deterring the consumer from doing. The Regulations are concerned with the intention and effects of terms, not just their mechanism. If a term has the effect of an unfair penalty, it will be regarded as such, and not as a 'core term'. Thus a penalty cannot be made fair by transforming it into provision requiring payment of a fee for exercising a contractual option.” Section 18 1.3 "These objections are less likely to arise if a term is specific as to what must be paid and in what circumstances. In that case, it may be considered a 'core' term and exempt from consideration for fairness provided it is in clear language and properly drawn to consumers' attention – see Part IV, paragraph 19.12. (But note that this may not hold good if it is a 'disguised penalty', that is, a term calculated to make consumers pay excessively for doing something that would normally be a breach of contract.” I have printed off the document and can find section 5.8 ok but cant find 18 1.3 the document only has 17 sections:confused:
  20. I would, and am going to, start a new claim. You can change the amount but you have to pay £35 to amend your claim and this is not recoverable. Ftom what I have read it is not recommended to change your claim but the end of the day its your claim so its up to you.
  21. Yes, you will more than likely have to pay the allocation fee of £100, ring your court to check. I wouldnt start printing off your bundle just yet, wait until you have a date but make sure you have a good look around and know what you have to print off when you need it
  22. I know what you mean. I also asked the question about the list of charges because that what I received and I was told that it was fine. Also if you sent the SAR from the template library this is the 1st paragraph Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. You are basically asking for a list but a set of statements is acceptable
  23. Hi I just have a list of charges from the bank and I have used this in my bundle. As far as I know if that is the information that the bank has supplied you with then this is acceptable.
  24. Today seems to be a great day for claiments. well done dsm
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