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skbuncks

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Everything posted by skbuncks

  1. Right I see thanks for that. I just included a line in my SAR asking for my contract. Ill have a little search on CCA and then fire off another letter. Lets hope they cant find my contract, that would really, really make my day
  2. Im exactly 1 week behind you, received there copy of A/Q on 17th and surprisingly would like to postpone for one month to negotiate settlement. In my case they are unavailable for october and november. There are a couple of letters knocking round you can send them, or you can try phoning but are likely to just get fobbed off with a "the person you need to speak to is out of the office having the s*** scrapped out of his ****" type excuse. Is probably worth trying anyway so further down the line when they request a stay youcan present proof to the court that they have no intention of using the time to reach a settlement. You can find one of the letters in my thread, and a fax number to send it too.
  3. Anyone have a fax number for [problem], might as well save myself the stamp money
  4. Have hijacked a letter, with couple of slight modifications, to send to [problem] regarding their wish to postpone proceedings till december in order to reach settlement Dear Sir/Madam, Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on 17 Oct 2006. As I failed to make a copy of mine at the time of posting a transcript is enclosed. If in doubt a copy can be obtained from Sheffield County Court. For the sake of clarity I have also included a schedule of charges for your perusal in the unlikely event that one has not been forwarded to yourselves from your client, LloydsTSB. Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one month postponement in proceedings in order that a settlement may be reached by way of negotiation. Please note that throughout the process of this claim, neither yourselves nor your client have ever given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, my previous attempts at dialogue with your client have been met with outright refusals to negotiate this matter, and on 04 Aug 2006 I received a letter from Lloyds TSB’s service recovery centre which explicitly stated that the bank had issued its final response and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action. Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a court hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your clients charges could indeed be proved to be unlawful penalty’s which you are trying to cloak as contractual service charges. For this reason, I will only settle for the full amount of the claim, namely £595, plus interest under section 69 of the county court act 1984 at the rate of 8% a year at £192, plus court costs of £80 resulting in a total of £867. In light of your indication of your intention to negotiate, I will await your communication informing me of how you wish to proceed. Yours Sincerely. A very bored customer Copy sent to Sheffield County Court
  5. Royal mail delivery 21 billion items a year and 'lose' 14.4 million so there is a 1 in 1458333 chance that your letter has been lost......better rush out and buy a lottery ticket
  6. Hi Moggy If their 28 days are up then by all means file judgement against them. Unfortunately in many cases, my own included, they file there defence late and will just have the judgement set aside. **** are VERY busy now an have a policy of leaving it to the last minute, expect them to file defence by end of week then its A/Q time
  7. Maybe we should all buy shares in each of our respective banks and reap some of their profits for ourselves. As shareholders we could even hijack their annual conference and demand some answers to the age old question....why are you wasting our money
  8. Seems to me that something needs to be done, not only are they clogging up the court system when they have no intention of defending themselves on the day but, as the courts are funded mainly through our taxes, they are also wasting our hard earned cash. God knows I pay enough in taxes as it is so its nice to know the money isnt wasted. To all intents and purposes these delays are a burden on society as a whole. Presumably the employees of lloyds also pay taxes so by these delaying tactics they're also inadvertantly hitting themselves in the pocket. The only people who can possibly benefit from this are our good friends at ****. We ourselves of course get our 8 % bonus but the cash has to come from somewhere, no doubt from higher interest rates on loans and credit cards cos I cant see the banks or their shareholders being willing to take a hit in their profits. So ultimately, in a round about way, yet again the only people who are gunna suffer financially from this are the hard working British public. Doesnt it make you proud to be British....
  9. Yep, claim every last one of them. Its a nice tidy sum you've got there which will get a whole lot bigger when you add the 8% at county court claim stage
  10. Got exactly the same A/Q this morning "The defendent intends to rely on its defence and the T&Cs that govern the account" An their so, so very busy they cant make it to court until december, blah blah blah, bless their little cotton socks
  11. 11th Hour yet again. Received copy of [problem] A/Q today on deadline day. No surprises, usual bull****. They have requested that further action be postponed for 1 month in an attempt to reach settlement and are unavailable to attend court for a hearing for the entire months of october and november. Drag drag drag. They'll have to forgive me for not holding my breath. Soon as i've the time i'll fire off a letter asking what they're prepared to offer - sweet FA is my guess. I would call them but judging by their lacklustre response to other peoples attempts im not gunna waste my time bothering. Besides if I do it in writing I can at least present copies of letters to the court as proof they have no intention of using their time wisely when they inevitably request a stay. God but im soooo glad I dont work for Lloyds or [problem], they must be so bored by now reading/sending the same template letters day in day out.
  12. God knows it takes long enough as it is. Hopefully you'll get a court date pretty smartish...
  13. Hi Bong It would have made no difference even if they had filed a week late. All they would need to do is come up with some pathetic little excuse, like the dog ate it, and have the judgement set aside. By all means complain but you'll be wasting your breathe
  14. Hi Skyap Your calling the shots here, its up to them to keep to YOUR deadlines. They're a multi biliion pound organisation at the end of the day so f**k em.
  15. Well after sitting on my ar#s for a week eating pies i've finally sent my prelim letter yesterday. Only 14 days to go until I get to send my LBA. Still ne sign of a copy of my signed contract (12 days left for them to comply). Just wondering if they cant supply me with a copy of the contract does this mean they cant prove I agreed to any of there T&C's? and thus that I did not agree to pay them back any of the money i've spent on my card?? (lol) and that I certainly havent agreed to pay any of there fines???? skb
  16. Hi lucaloo RBS also do a basic card account with no credit cheque, which is just aswell cos like Barty my credit rating is apalling. However it is very unlikely that your account will be closed, its just better to be safe than sorry skb
  17. Hi Katel The A/Q is used by the court to determine which track your claim will be allocated to, ie the small claims of fast track. This is generally determined by the size of the claim, so for less than £5000 its the small claims. The form itself is very easy to fill in, a template of which is in the library. When you file your claim the defendant (lloyds) has 14 days in which to acknoweledge the claim and then a further 14 days in which to submit a defence. Once a defence has been submitted (usually at the last minute) then you will be sent the A/Q form together with a copy of their defence. At this stage you claim is also moved to your local court. Then just fill it in and return to the court by the deadline. A hearing date will then be set skb
  18. Hi heather It doesnt hurt to try to get a charge wiped out before its debited from your account, think i've managed to do it on a couple of accasions over the years. At the end of the day its gunna depend on who you speak to and what mood they're in. Just be polite and you never know your luck. As for claiming back your charges you must first obtain your last six years of statements and tot up exactluy how much they owe you. You can then start the wheel turning on claiming the lot back. All the templates and step by step instructions can be found here on this site so please read thorugh the FAQs http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ before starting. Keeps us informed and good luck skb
  19. Hi Sarah Not sure which is the best address to send DPA too, dont think it really matters as LLoyds will forward to the appropriate dept through they're internal slow mail. Just make sure you send it recorded delivery. Alternatively you can take it into any branch or send it via email to [email protected]. Your SAR will contain all statements for the last six years, regardless of whether you went paperless. To the best of my knoweledge you can keep adding charges to what you claim right upto submitting your court claim. Any that occur after this you can request payment for when lloyds settle your claim, but if they're being arsy you may not get them - in whichcase you start another claim. To answer your other question if they have converted £90 of charges into an overdraft then you have still been charged so you can claim it back. Although lloyds do not tend to close accounts of people who have taken action against them it is always a possiblity so is best to open a parachute account. hope this helps, and all the best with your claim SKB
  20. Love the letters. Beauifully crafted. Lets hope someone actually takes the time to read them Good luck
  21. Hi Sian You can send your schedule of charges to the court address, Northampton?, quoting your claim reference number. The court will then attach it to your claim. Can you post your full particulars of claim and then maybe one of the mods can check it over and see if it needs modifying? If it does it will cost you an unrefundable £35 but may be worth it skb
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