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aqua2

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Everything posted by aqua2

  1. Be careful... I can't find the link immediately.. Some folks had problems issuing a writ of excecution against the registered office... The court officers were not allowed to see anyone and were asked to leave the premises... The advice was.. issue against branch instead...
  2. PMSL.... I sent the local branch manager a letter, enclosing copy of my judgement asking him to credit funds, or I would send bailiffs to his branch... What did I get in reply... A letter from Lloyds TSB recovery centre, saying they are sorry I'm not happy with my charges.. blah de blah... An identical copy of the letter they sent when I first issued my preliminary letter.. LMSO... I'm about ready to send bailiffs into branch... LMAO...
  3. Presume your claiming statutory 8%, so in your case, I would calculate up to the date they pay (paid) you.
  4. Hiya Redbern... If you issued claim, prior to them making payment, then you need to proceed, also, they did not include any interest, or the court fees. I think in section G, other information, you need to notify the court that you sent prelim request on whatever date - no response, sent LBA on XX date - no response, filed claim on XX date. Then following day had letter saying payment would be in 10 days. Tell them all that is required now is a court order on court costs of £XX and interest of £XX. Send the court copies of your letters as evidence of the facts and that your LBA gave 14 days for payment. Hopefully, that will do the trick...
  5. Unfortunately, I can't follow what you've posted, which is probably because I dont know the details of your claim... Have you been to court? Been offered a settlement? What have you claimed? What have they paid? That might help to quickly identify your problem...
  6. Spot on Bong... Don't even bother allocating a part payment anywhere... It is a part payment only, it is not full settlement of any part of the claim, just a payment towards the total claimed. I 100% agree, just place it at the bottom of the claim as a credit towards whatever the total claim turns out to be. Damn, you're good... Clicked..
  7. Sorry Suz... It's those seven points on the back, their terms of settlement... Can you post what they say please...
  8. This is excellent reading and good luck to you Sparkie... I just have one question... If the bank took £100, out of my account and transferred it somewhere, I would notice it fairly quickly and say, oy, where's my money gone. In a couple of posts, folks have mentioned thousands going out of their accounts... Why would you not query these amounts going out of your account at the time? Why wait 6 years, before trying to claim them back? Just curious, it's your business after all...
  9. Are the five points the usual Confidential blah de blah.. With one of them saying they will pay £XXX in settlement. If so, delete every condition in the letter except the one saying they will pay £XXx in settlement and then you can sign it and send it back. If you want to, you could just write to them saying that you are prepared to accept their sum of £XXX, in settlement, only on the basis, there are no pre-conditions and you will not cease any action until payment is recieved in full. Do not notify the court, until you recieve payment. But when you do get the money, write to the court and let them know. Well Done Suz, i'm really pleased for you.
  10. There you go Suz... Patience and perseverance... WELL DONE !!!!!!! I'm so pleased for you.... Now you have them, you are in the driving seat... There are normally five or six clauses... Cross out all of them, except the one that says they will pay you. If they are settling, it is on your terms. Unfortunately, just lately they are still delaying things, so even when you send back the letter, you end up waiting weeks for the money to actually arrive. Write back, telling them you will not cease your action until the money is paid in full. Also, it is your decision on interest and your costs, Costs are not normally awarded in small claims, but you can make an application to the court for costs, on the basis of their unreasonable behaviour and as you stated you wanted interest, you would be quite right to tell them you want it. As for interest, did your claim include any interest calculations? Have you filled in the spreadsheet from this site to work out the interest amounts?
  11. Hiya, if you are using Moneyclaim online, make sure you look through this section... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html
  12. Hiya Flo, Welcome.. The FAQ's are here for you to have a read through... http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ and the details for the claim form and your particulars of claim are here.. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html Good luck with your new claim, although as you scroll through this thread, you will see Lloyds tend not to fall over easily. But so far, once they are ordered to disclose costs or actually go to trial, they do tend to just fall over and pay. So, enjoy your new claim.
  13. Hiya.. Here is a link to filling in the Allocation Questionnaire (AQ)... Everthing you need should be there. Note there are two versions of the questionnaire, you said yours is the N149, so make sure you use that one. Read through the thread as there is lots of info available there. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html
  14. Suz's claim as issued only mentioned UTCCR. The standard defence and their account closing letter highlighted additional causes under SOGAS and LD clauses. I have drafted this letter as a response to [problem] and would welcome others thoughts, before Suz considers using it... ******************************************************* Dear S,CaM, (Perhaps you should use 'Sirs' ) In respect of the proceedings issued, we are clearly aware that you intend to defend such, as you have issued a defence statement to the court, although we are surprised that you have chosen such a small claim to be your test case in these matters, given the quantity of similar claims you have settled. In respect of Item (1): Thank you for confirming we have a contract with the bank, you will note that in part 2 of the defence, you referred to this as a ‘commercial arrangement’. No doubt you will disclose and send a copy of the contract to me 14 days before the hearing, if you wish to rely upon this in court. In respect of Item (2): We thank you once again, for highlighting the liquidated damages clauses in your contract, enabling us to produce to the court, a second cause of action, to wit… “where you have insufficient funds to cover them… …you must pay the necessary charges” and from your defence statement… “If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments… … the Bank… … makes a charge.” together with… “Where you go overdrawn without an agreement… … we will make a charge.” And submit that the court will clearly see these as ‘text-book’ style LD clauses. There is no need for us to go into the details of such here, as solicitors, you will be fully aware of the cases in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79, along with Murray v Leisure Play [2005] EWCA Civ 963 and the various other cases over the years. Perhaps, at this stage, it may also be useful, to highlight the OFT’s thinking on these terms, relative to the Unfair Terms in Consumer Contracts Regulations, their guidance notes are quite clear, to wit… 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. Now, we know that your client doesn’t always agree with the OFT’s thinking, but as an independent body, we feel sure, the court will take their findings into account, on top of all the other evidence we have acquired. Given that information, perhaps you would be kind enough to disclose to us the banks actual costs in dealing with the quoted scenarios? In the alternative, we would also like to thank you for providing us with a third cause of action in this matter, under the Supply of Goods and Services Act. Needless to say, you will be fully aware of that act and the requirement of a ‘reasonable’ fee for a service. Given your insistence, that the charges levied are a fee for a service and in the highly unlikely event, that the court were to accept such an argument, then the charges must be reasonable. Again, if you would be kind enough to confirm details of your client’s costs in dealing with such purported services, then provided these are fair and reasonable, as your client continually portrays, I can see matters being brought to a swift conclusion. In conclusion of these parts, we like to thank you for expanding our claim from a single cause under UTCCR, into three separate causes, any one of which will result in our claim being successful. Looking Ahead: We have to say, that whilst veiled, the implication in this part, is that because we have decided to dispute whether the charges are enforceable according to our legal rights, your client has the intention of closing the account. In the first part, once we arrive a trial, we will be offering your letter as further proof to the court of your unreasonable actions in this matter, when requesting that all of our costs be met, on the basis of such behaviour. In the second part, as you are acting on your clients behalf, it may well behove you, to advise them of the Financial Ombudsman Service thinking on this matter, given that this tactic of harassment has so far, resulted in similar institutions being ordered to pay compensation, for such actions. If you are not aware of these cases, the details are available on the FOS website at: http://www.financial-ombudsman.org.uk/faq/answers/bank-charges_a8.html In conclusion: We cannot see any need to discuss a review of our banking arrangements, as we are, in accordance with our rights, simply disputing whether or not the charges are enforceable. It is most regrettable, that had your client freely disclosed the information on their costs to satisfy us, as to their reasonableness, we would not have been forced into this position. It is clear that as matters proceed, all that is happening, is that our claim is being reinforced,by your clients own admissions and the costs are continually rising. With this in mind, perhaps in this case, it may be better for your client to settle the matter now and avoid all of the additional costs, which will surely ensue, once your unreasonable actions have been highlighted to the judge. Failing this, we look forward to receiving copies of your clients detailed costs calculations, together with a copy of the contract continually referred to and any other evidence you intend to adduce at trial, 14 days prior to such. Yours Sincerely Suzy. X x x. (Not sure if they'll appreciate the kisses, but they might. LOL) Suzy75
  15. Sorry Suz, What they are actually saying is, in order to frighten you off and stop you proceeding, we are trying to close your bank account. So far your claim has been really simple and may have given them the impression that you are unsure of your facts and they may be able to frighten you. In my next post I have drafted rather a long letter, from bits and pieces, which basically says to them, you want to fight? bring it on. Once they read this, they may well understand that, in fact, you have a lot of support behind you. Please do not act on my response letter yet... This is a quick draft, I am not a solicitor and there are more experienced folks around here than me. In light of this, you should wait until we get some feedback from others, prior to taking any action.
  16. Hiya Suz, It's another of their scare tactics, where they may try to close your account. This has been done in the past and when it has been, the banks have been fined by the OFT. They are not allowed to take retaliatory action, because of your pursuing your legal rights. Do you have another bank account elsewhere (i.e parachute account), if they do go down this line? I can't immediately see a template response to such a letter, no doubt others will point you in that direction, if there is one available. Otherwise, give me a little time and i'll draft something in reply. Also, I note your court bundle needs to be in by 6th June, which allows plenty of time to get that together, so don't worry on that score, it is probably better to get the full witness statement together in with that bundle to cover all angles. So don't worry, it's all a part of their game.
  17. Hi all... I've been following the last couple of pages with interest (thankfully not the unauthorised 29.8%). If my understanding of this case is correct, he has already been refunded his charges and this case is now more about whether the banks should face 'exemplary' damages. These are rarely ever awarded as they are not compensating your losses, but are punishing the defendant for their actions. On that basis... 1) If he wins, then the court are punishing the bank on top of him having recovered his losses. The way I can see that affecting ordinary claims, is that we could try and ask for the same exemplary damages, on top of our claims. It would also set a precedent that the bank have acted wrongfully, simplifying our claims. It would also assist those claiming over 6 years, if the case confirms that the banks have hidden the nature of their charges. However, if we then set about claiming exemplary, the courts may just say no, they have already been punished and it wouldn't be fair to punish them seperately for every occurrence. 2) If he loses, so what? The charges haven't been ruled upon, the bank have already more than settled his complaint in that respect. The only decision, as I can see it, is whether the banks should be punished because of their actions. I'm in support of the guy, even if deep down, in respect of the benefit to others, I believe he is doing the right thing for the wrong reason. i.e. It is portrayed that he is acting for everyone else, but I believe his primary motive is his own interests. There we are chill out everyone, don't panic, just follow with interest.. LOL.
  18. Excellent.. On this one I guess it's time to start preparing your Claim, as per the FAQ's...
  19. Hiya... I think i'm clear in my head now becuase the two issues were a little confused... The solo account and loan of your daughter is one claim, you are awiating statements in that respect, to see if charges amount to lifting of CCJ. Seperately you are claiming on the Joint account, you have sent the prelim letter and recieved the standard brush off response. If this is correct, then your next step is to send the LBA, from the bank templates section, again include the schedule of charges. If the above was not correct then please try and clarify more for me.. Regards, Aqua..
  20. Ok Suz, We're moving on... You mentioned statement of evidence relating to Lloyds claimants, where did you find this, can you direct me so I can have a look... Next.. Follow this link... Business banking - Standard transaction charges if you scroll to the bottom of the page, you will see the unauthorised borrowing charge is £15, not the £30 they charge you. Print off that page and highlight the £15 charge, so that you can show, the charges they levied on your account are twice those of a business account for the same alleged service. Now... Follow this link... Lloyds TSB - Other services charges Print off that page and highlight Duplicate Statements £5.00 per page, maximum £10 With these you can show that the £35 to send a fully automated letter is outrageous. Next, in the court bundle, print off "The Supply of Goods and Services Act 1982", in it's entirety. Highlight Part 15 - Implied term about consideration. You have already printed of (UTCCR 1999) - Highlight Part 5, Unfair Terms and Part 8, Effect of Unfair Term. I know this sounds a lot, but it really will be simple when we put it together and highlighting will take you straight to the part you want, if ever you need it. Also, scroll back to my post in your thread about UTCCR, let me know if you understand the argument.
  21. You can probably take most things, but it is important you are comfortable, so post your list at your convenience...
  22. Ok Suz, If you just list out the items you now have in your bundle for me, i'll have a look through tonight and we'll get that sorted for you. As I said, yours seems quite simple, so we just need to make sure all is in order, then give you some simple arguments if the judge asks anything. I'm out for a short while, but will repsond later. Aqua...
  23. Hiya Suz, We'll get you a list of things together for your court bundle. Anything you want to take to court, you need to send copies to the defence at least 14 days before the trial date. In respect of the amount of DD's compared with charges, it doesn't matter to your case. The idea here is that if you can show a judge, that they bounced a payment that would have sent you say £10 overdrawn, but then levied a charge of their own, that would have sent you more overdrawn, say £20 overdrawn, then you are proving to the judge that they acted unfairly and disgracefully in their own interests of profit. You don't need loads, just one instance will prove your point. It doesn't affect your claim, it just enables you to show the banks for what they are...
  24. Hiya, Just to clarify... Are you going back to court to try and get the old judgeemnt lifted, or are you planning to just go ahead with a new seperate claim for bank charges? The paragraph you quote is just the new standard Lloyds blurb and you can safely ignore it.
  25. I have rather a long document destroying the Lloyds defence, but as I have yet to go to court, dont want everything out on open forum... Your claim, so far, is only based upon the Unfair Terms in Consumer Contracts, so here is my short version of the argument in this case... If you don't understand any of it, just ask. Although it is highly unlikely, there is an odd occasion, when if the defendant doesn't show up, the judge may ask about your claim, so I guess it helps if you can tell him a little.. I think the UTCCR is already in the bundle, if not just follow the linkin the Statutes Library. **************************************************** The Unfair Terms in Consumer Contracts Regulations 1999 (Hereinafter referred to as ‘UTCCR’) 1. The UTCCR states, at Part 5 (1) - A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer 2. The claimant contends that on this basis, that any contractual term which obliges the claimant to pay penalty charges to the defendant, when the claimant allegedly ‘borrows without prior agreement’, in order to be fair, must have at least a reasonably equivalent remedy available to the claimant, otherwise, there is a significant imbalance in the parties rights and obligations. 3. No such equivalent remedy is available to the claimant and the defence, as stated, contains no suggestion of, or reference to, any such equivalent remedy and therefore offers no grounds for defending this cause of action. ************************************************** You will note that in Lloyds defence, Part 6, they try to hide behind the UTCCR Term 6, with regards to price. This is not relevant here, your argument is that there is a term which allows them to charge penalties, but not a balancing term in your favour. Good night Lloyds...
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