Cheers All,

Just waiting for the money now, SC&M said it should be within 7 days! fingers crossed.

I have a theory! I reckon they hold off paying the people who need it the most, I think in the survey this site should ask how quickly they settle and then compare it to individuals financial positions! It just seems strange that the people who are still incurring charges have to wait longer for settlement! although that might be a sweeping statement.

Another hint that Gary H passed on was to start writing to them as soon as they gave me a copy of their AQ, I still haven't heard from the court and if I had waited to start the settlement talks, I would still be waiting.

Again Cheers all, Matt xxx

Hi All,

Just to let you all know that a couple of days ago I received a full settlement offer, but due to condition can't give details.

Anyone still in the process, Keep going and you will get there, I would like to thank everyone who have offered advice, especially Gary H.

A donation will be forthcoming.

Again thank you all for your help and support.

Matt

Gary,

I can't thank you enough; you have been a real source of help and inspiration.

I'm going to phone our friends at Sorry:) (SC&M) to confirm they have received my letters / faxes! Still no word! Not bothered as after reading your statement and with your support I would like my day in court!

Matt

Hi Gary,

Taking your advice as always I have started to prepare my court bundle early! (I'm keen!) as suggested I have utilised your Summary Statement of Evidence and I am just working my way through it! at the end your statement you provide a list of documents you have included as evidence, I have found a few of these on this forum but can't find the one's below (one's in blue I have found!) are these one's personal to your case? or have I just missed them on this site?

Cheers mate, as always I owe you one!

• Lloyds TSB automated Direct Debit ‘return to payer’ letter
  
• Dunlop Pneumatic Tyre Co Ltd –v- New Garage and Motor Co Ltd

• Letter from Martin Orton, Manager of Lloyds ‘Customer Service Recovery’ Dept.

• Transcript of Radio interview with Peter McNamara, Lloyds former head of personal banking, Sept 2004

• House of Commons Early Day Motion, May 2006

• OFT statement, April 2006, section 4.21 – ‘disguised penalties’

• Data Protection Act 1998 Subject Access Request for account contract and information

Thanks again, Matt

Hi Guys,

Its now 2 weeks since I received the AQ from SC&M, and no response from Birmingham County Court! have been busy though! sent SC&M a letter as they requested an additional month to settle, to date no response- so today sent and faxed a second letter reminding them of the first! I don't intend to chase them too much I don't want to appear desperate!

I phoned the court today and my file hasn't been sent to a judge yet, so its a waiting game! I really hope he orders a court date soon! I have been copying my letters to SC&M to the court, so hopefully the judge will realise that SCM have had long enough to settle.

Be good!

Matt

Ps: has anyone come up with any good acronyms for SC&M I(probably not a good idea)

Hi Chris,

Just discovered your thread. I think we are both on a similar timescale and at the same Court! I will watch your thread with interest. Mine's Matt Poole vs Lloyds TSB.

I submitted my AQ last Monday the 13th and received a Copy of Lloyds the same day, asking the same as you for an extra month and not available during November. Gary H was wicked and gave me a letter to send to SCM to ask them to settle, so I am just waiting now.

I phoned B'ham Court this morning and basically it takes 7 to 10 days for the judge to review our AQ's then we should get a letter telling us of the next steps. I haven't seen any other threads from B'ham so don't have any idea how long we will have to wait for court dates! oh well - keep in touch and let me know how you get on.

Cheers Matt

Cheers Gary.

Whats the process now we have both submitted AQ's to the Judge?

Do I get a letter from the court with the court date? Its been a week since the AQ deadline (13th November 06) so shall I give the court a call?

Thanks everyone (and especially Gary! I hope your getting paid for all the help your giving everyone!)

Matt

Dear All,

I hope you are well and your claims are going well. I'm slightly confused and need some help!

Lloyds TSB has requested an additional month to attempt settlement, so I have sent the template letter above to ask them to settle! However! After reading some other threads am I meant to write to the court to ask for the extra month wait to be removed? I have found the below letter: The reason I am confused is, I need to send the court a copy of my letter to SC&M showing that I have attempted to settle, but I guess I should send the below letter first, otherwise I would look like I agree with the extra month! Help!

Thanks Matt

The Court Manager

Birmingham County Court

33 Bull Street

Birmingham

B4 6DS

 

13 November 2006

 

Dear Sir/Madam

 

Matthew Poole –v- Lloyds TSB Bank

Claim No: 6QZ66660

 

I have today received the completed allocation questionnaire from the defendant bank, in which they have requested an additional month to attempt settlement.

 

I respectfully request that the application to delay hearing of the above for one month is refused, and this case be allocated as soon as the court timetable permits.

 

It is submitted that in a claim for £2,470.35, where the defendant has so far refused to enter into a meaningful dialogue with myself, that the defendants request for moré time is not reasonable. Had the defendant been prepared to bring this matter to conclusion, it would have entered into meaningful dialogue with myself, with the intention of settling, before I was left with no alternative but to commence court proceedings.

 

I therefore respectfully request that their request to halt proceedings for a further month is not granted.

 

The Overriding Objective

It is submitted that the Overriding Objective requires that my case be allowed to proceed speedily so that a just settlement may be obtained by the parties to this case. There is no complicated issue of law. The common law relating to contractual penalties is settled law since the late 1800s and has been reinforced as recently as the Unfair Terms in Consumer Contracts Regulations 1999 which itself is the result of a European directive.

 

It will be settled out of court and therefore produce no useful decision from a higher court.

 

It is further submitted that the defendant in the instant case has no intention of going to a hearing.

 

It is submitted that the pattern of cases settled so far suggests very strongly that the banks are merely using the justice system as a publicly funded means of intimidating their customers and dissuading them from pursuing their legitimate Right.

 

It is submitted that this is abusive of the justice system and of the public resource.

 

 

Balance of convenience

The defendant has entered my name on the default register, which it and other banks routinely do in respect of unlawful penalties which are unpaid by their customers. The banks have direct and privileged access to this register. They have no need to obtain a County Court judgment before they may enter a default on the register. This default remains on the register for 6 years and causes enormous damage to reputations. Whilst my name remains on the default register as a further penalty for paying unfair charges I am finding it impossible to get credit or a mortgage without paying higher charges.

 

It is submitted that a further delay may potentially mean great difficulty for me and yet be insignificant for the defendant bank. In fact a stay is supportive of the banks litigation strategy, which is to take the claimant to the door of the court and then to settle the claim.

 

The Status Quo

granting the defendants request does not maintain the status quo. As submitted above, this favours the bank by preventing the claimant’s pursuit of his legitimate remedy without placing any restriction upon the banks activities which the claimant submits are unlawful and/or retaliatory.

 

 

The OFT and their powers under the Unfair Terms in Consumer Contracts Regulations 1999

The Unfair Terms in Consumer Contracts Regulations 1999 gives the power to the Office of Fair Trading to seek injunctions to prevent the use of unfair terms in consumer contracts. More than that, the UTCCR specifically prevents the private citizen from pursuing this remedy on his own behalf.

 

The OFT conducted a 2-year investigation of the contractual charges regime. They received a great deal of confidential evidence from the banks.

 

The OFT has already announced that it considers that the contractual penalty charge regimes of these financial institutions are unfair.

 

It is not at all clear why the OFT has not now proceeded to seek injunctions in the face of the banks’ refusals to comply. This is particularly serious when the Regulations have prevented the citizen from doing so.

 

 

 

In the alternative

If the court decides not to accede to my request I respectfully request that the court issues the following injunctions:

• That the defendant is prevented from making any entry on its own systems or from communicating any similar information to any third party about any matter insofar as it relates to penalty charges until the final settlement of the matter.
  
• That the defendant remove any derogatory entry on its own records insofar as it relates to penalty charges.
  
• That the defendant arranges the removal of entries from the records of any third parties to whom it has previously communicated information insofar as it relates to penalty charges. (The Court has the power to do this under the Data protection Act 1998.)
  
• That these injunctions remain in place until the settlement of my claim
  
• That should my claim proceed to a hearing that a decision should be made at the hearing as to whether these injunctions should be made permanent
  
• That if the matter should not proceed to a hearing because the defendant decides to settle outside court, that these injunctions should become permanent.

Additional orders

If the court does accede to my request then I respectfully request that the case be allocated to the small claims track but that the defendant be ordered to make standard disclosure.

 

It is submitted that an order for standard disclosure will assist greatly in bring these and other similar claims to a speedy and just conclusion.

 

The matter is suitable for the Small Claims Track as it involves no issue of law – the law is well established. It only involves questions of fact – in particular the true costs of the banks default charges system. The OFT has already formed its conclusion about this. Standard disclosure will put the matter beyond doubt. As I rely upon the bank as my fiduciary it is clear that they have a duty to act in utmost good faith in relation to their conduct of their contract with me. I submit that they do not act in good faith in relation to me or their other customers in the matter of penalty charges.

 

 

 

Yours Faithfully

 

 

 

 

Matthew Poole

Hi Joa,

I think we are on similar time scales. I received sc&m AQ this week and as with you they are not available for the month of November! although looking at other threads some people are having to wait until Feb 07 for court dates as the court are so overwelmed with small claims at the moment! wonder why! just out of interest what court are you allocated? mine's Birmingham. Check out my thread for more info: matt Poole vs Lloyds Tsb

Cheers for now Matt

Well done Gary, your are a true fighter and inspiration to us all. Thanks for all your help.

Enjoy spending the cash.

Matt :) :) :)

Dear All (and the man Gary H!)

Recieved today 14.11.06 (although dated 07th November!) a copy of the AQ from SC&M, pretty standard stuff - asking for a month to attempt settlement! I have prepared the below letter (I borrowed it from another thread!) please can someone cast an eye over it and let me know if its ok to send? Also do I really send a copy to the court? if I do, do I send a cover letter and ask it to be attached to my claim? Cheers

Matt

Sechiari Clark and Mitchell

Department SO, P.O. Box 499

1-5 Queens Road Quadrant

Brighton, East Sussex

BN1 3XJ

 

 

13 November 2006

 

Dear Sir/Madam

 

Matthew Poole -v- Lloyds TSB Bank Plc

In the Birmingham County court

Claim No: 6QZ 66660

Your Ref: SO/MFT/Poole

 

Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on 14/11/06

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, in my previous attempts at dialogue with your client has been met with outright refusals to negotiate this matter, and on 31/08/06, 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 client’s charges could indeed be proved to be unlawful penalties, which you are trying to cloak as contractual service charges. For this reason, I will only settle for the amount of the claim, namely £ £2,470.35 + court fees.

 

In light of your indication of your intention to negotiate, I will await your communication informing me of how you wish to proceed. A copy of this letter will also be sent to the court.

 

Yours Sincerely

 

 

 

 

Matthew Poole

Bump

Hi,

I think I'm at the same stage as you (mattpoole vs Lloyds TSB) and will watch you case with interest - I recieved the defence and AQ yesterday! several days after the deadline! I hope you win by default! good luck

Matt

Me again!

I have looked over the AQ is the below ok for part G?

I respectfully request that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

Also! does anyone have a template letter for when sending a copy of the AQ to SC&M?

Hope your cases are going well - show me the money!!!

Matt ; )

Dear All,

Received today the defence from SC&M, and Blank Allocation Questionire to complete by the 13th November 2006.

I believe the defense is the same as all the others I have read:

3. Defense

1. The Defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank at all material times.

2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank?s charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing;

',I cheques

bank statements

the facility to make payments by direct deb1t and stand1ng order

debit cards

ATMs (cash machines) .

3. By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for

a payment to be made from the Bank?s own funds. If the Bank maKes paymen~, or

returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the ,leaflet, the

Bank explains that ?there are normally no charges for everyday banking at Lloyds TSB

when your account is in credit. .

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without

*1 an agreement or where you use special services, such as copy statements, we will

~! make ,a charge. This guide explains how these charges work, and when they will apply.

If 'you want to use a service that we haven’t listed, we?ll tell you the cost of that service before you give us the go-ahead?

~ 4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank’s loss.

5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month?s statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the Bank. If the customer fails to remedy the position, . and payments such as standing orders and direct debits are refused then again the customer is warned by

,tiJ letter,

m 6. The charges are fair and reasonable, and it is denied that they are unlawful.

~ 7. The customer is notified of the charges in plain intelligible language at the

conclusion of the contract, and on each monthly statement. The charge 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 19~9,'~are not subject to the assessment of fairness.

8. In the premises: . .

8.1 the charges" are for banking services, and are not damages nor a penalty;

8.2 the Bank i~ entitled by contract to impose the charges, which are fair and reasonable; .,' ',' . ",

8.3 it is denied that the ~'charges are unlawful or contravene any statute or

regulation. . . ."

9. The Claimant ?s ,claim is denied in its entirety. It is further denied that the Claimant is entitled to: the. sum claimed or to' any sum~ from the Bank.,

Is this the same as everyone else? Do I need to send a response?

Cheers all

Matt

Hi All,

Just a quick update. I have recieved an acknowledgement of service and my claim was filed on the 29th September. The letter says that Lloyds have 28 days to file a defence.

Sechiari Clark and Mitchell are the solicitors that Lloyds are using and they intend to defend all of this claim.

I would be really grateful for any advice from fellow action group peeps, particualry about their contents of the allocation questionnaire as I guess I will be getting mine soon!

I hope you are all getting on well with your claims.

Matt

Wolfcub, well done!!! congratulations you deserve every penny!!! just posted my moneyclaim with the help of GaryH another bl**dy star.

Again well done.

Matt

Thanks Again Gary,

When I looked at the Schedule of Charges the amount of interest had increased by £2.00ish because I had requested my claim on the 24th September 06 and then obviosuly looked that the spread sheet 5 days later, so it had automatically added £0.43 daily interest! I therefore slighted amended the letter and the SOC to explain the difference.

Please can you read the below letter and SOC and let me know if its ok?? sorry to be a pain!

Thanks Gary

Matt

 

My address

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

 

 

29 September 2006

 

 

Dear Sir/Madam

 

Matthew Poole –v- Lloyds TSB

Claim No: xxxxxxxxxx

Lloyds TSB account Noxxxxxxxxxxxxx

On the 24th September 2006 I requested the issue of a County Court claim via the Moneyclaim online service, details as above.

 

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges. As of the 24th September 2006, I claim interest of £500.35 under section 69 of the County Courts Act 1984 at the rate of 8% a year from 09.04.02 to 09.11.04. I therefore claim a total of £2,470.35 (£1,970.00 + £500.35) plus interest at the same rate up to the date of judgement, or earlier payment, at a daily rate of £0.43.

 

I respectfully request that the enclosed schedule should be attached with the particulars of my claim.

 

 

Yours Faithfully

 

 

 

 

Matthew Poole

 

 

 

Date Printed: 29.09.06

Date County Court claim requested: 24.09.06

Date Claim was issued: 25.09.06

Daily Rate of interest = 0.43p

 

 

Thanks Gary, you deserve a medal, who are SC&M??

Matt

Hi All,

I'm panicing slightly! I never got the opportunity to attach my schedule of charges to my money claim. I also never oput my account number on the particulars of claim section! am I up the creek! arrrhhhhhh

Matt

Hi Everyone,

A quick update. Gary H, thanks for the advice, I spent an extra 2 weeks after the LBA deadline to ensure I could defend my claim if taken to court, I think I now have a good understanding, but lets hope it doesn't go that far!

Ok - submitted my MoneyClaim on Saturday 23rd September. Recieved a letter from Northampton to explain that my claim had been subitted and Lloyds had until the 14 October to enter a defence. Please keep your fingers crossed for me. I not that bothered about the money about £2.5K (unlike others I am now out of debt), its more the principle that I wouldn't have gotton into debt if Lloyds hadn't charged me and they made my life hell.

Any words of wisdom gratefully recieved.

Matt

July 06: Data protection letter sent

14th Aug: Prelim letter sent

28th Aug! LBA sent

31st Aug: Final Response from Lloyds received

23rd Sept: Money claim submitted

14th Oct: Deadline for Lloyds to submit a defence

Tracie,

Hope you are well?

I am a new starter about to file my money claim form as well! I need help! how have you managed to attach your schedule of charges? or are you going to send them later?

Thanks

Matt

Hi All,

Returned from holidays to find a response to my LBA, think it is the same as everyone else i.e. dont agree with the OFT and this is the final response! so I guess its money claim next.

Not entirely sure of the process, but about to start reading! any help / advice or tips most welcome.

Matt

July 06: Data protection letter sent

14th Aug: Prelim letter sent

28th Aug! LBA sent

31st Aug: Final Response from LLOYds received

Hi All,

Has anyone had any experinece with Lloyds calling them to discuss your complaints? I have had a call this morning 31 August - and before I called them back wondered if anyone had any tips / advice?

Thanks Matt

Hi All,

Just a quick update!

Sent my prelim letter to Customer Care on 14th August. Recieved a general letter back saying they would investigate and respond in 14 days. The 14 day deadline I set on my prelim letter is due this Monday 28th July. If I don't recieve a response by then I will send LBA, which I have laready downloaded and amended.

I hope all your claims are going well? I have started to get excited, but also slightly worried about if I'm the one that actually goes to court and the next steps (I'm clueless about the taking them to court system!) but I guess its one move at a time!!

Update soon.

Matt

July 06: Data protection letter sent

14th Aug: Prelim letter sent

28th Aug! LBA sent