curlychic
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Posts posted by curlychic
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Hi Guys 'n' Gals ...... I'm back
What wonderful news today ..... wey hey
So i am back to claim some more charges that i recieved just after my last claim ended. Thankfully none since December 07 though. Although its only £165 quid, thats alot of money to me and its MY money NOT THERES !!!
And so begins another chapter of Talling v Lloyds TSB
BRING IT ON !!!!!!! hahahahaha
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Hi!
My fiance has an a/c with Lloyds and we are in the process of claiming back the charges, we have been refunded £750 as a gwg, but have to submit an N1 to court for the remainder, approx £1500 or so.
I am worried about submitting the claim as I see Lloyds really dig their heels in, and I have no legal skills whatsoever; which is why I have been reading, and reading, and reading on the CAG site.
After we send in the N1 to our local court, (Lloyds will have a timeframe in which to defend) then we get an allocation questionnaire (and hopefully the case won't be 'stayed') and then after that will the court set a date for which we need to get our bundles ready? (yes)
Sorry for being so dense, (your not dense) but we have to pay £120 for the N1 and then another possible £100 for the allocation questionnaire which is a lot of money for our case to be possibly thrown out over a silly mistake I have made:( (and that is why it is advised to read, read and read some more and also why it is better to ask and get it right than to guess and mess up)
Good luck...keep us posted ... and any questions SHOUT!
xXxXx
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Hi Laura
I really wish i could help with all your questions, but i am not really in the position to offer advice in regards to this as i have only just recieved form N244 from the court, in which to apply for a wasted costs order.
My court have told me that a hearing will be required and as yet i havent really made a decision as to wether to go through with it. I want to out of 'principle', but not sure i can be doing with the added hassle at the moment.
Keep an eye on GaryH thread. He has his wasted costs hearing soon and will therefore be able to better advise.
XxXxX
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Thanks for the quick response Gary X
It has really annoyed me that the Court didnt even bother to read my letter fully though. I sent an 8 page document to them and all they read was the first paragraph. GRRRRRRRRRRRRRR
I am actually exempt from fees' so that isnt really a problem, even though i have been told i will now have to reapply for exemption.
The main thing that is making me think 'is it worth it' is that it never got as far as me having to put together a Court Bundle etc, only as far as AQ stage, so my costs are only around £100.
If the Judge wants a hearing to take place then surely this is more preparation, more stress and time off work to attend.
I dont know, not sure what to do now, £100 is £100 i guess.
If i do decide to go through with it, can i bank on your support to prepare me for the hearing PLEASE ?
xXxXx
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Hi GaryH
I know you are unable to respond to PM's at the mo ... but could you take a look at my last post in my thread please as need some advice re wasted costs
Thanx
http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/52677-talling-lloyds-tsb.html
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Hi Guys n Gals .... help and/or advice required please
As you can see form my thread below my claim was settled before hearing and on 21st May 07 I wrote to the court using the original (Gary updated it yesterday) wasted costs letter template. I also included the required documents.
I rang the Court today, as i havent heard a thing and was told that may informal application for costs had not been dealt with, as the letter i sent 'apparently' contradicted itself in saying
I wish to inform the Court that the claim as detailed above, in which i am the Claimant, has now been settled. The defendant pai the full amount claimed, namely £xxxxx. As such no further actio is necessary in respect of this claim.
However, i believe that the Defendant has behaved unreasonably in their approach to defending this claim, not least because i believe the Defendant had no intention of ever defending this claim at a hearing .... etc etc as per the original template letter.
My letter and relevant other documents, have therefore been simply filed away after they read the first paragraph and not even got as far as the judge, whilst i have been awaiting a responce
(I read on another thread somewhere that this exact same thing has happened before)
The lady then went onto tell me that if i did want to make an application for costs she would send be the appropriate form, and to submit the application there would be a fee of £65.00 involved.
(GaryH states that the fee is £35.00 ????????)
She also said that a hearing would be required, which i was aware would be necessary if the judge decided a formal application was required, although like i said befor, the judge hasnt even seen my request.
The main reason i wanted to apply to the courts for wasted costs, was in 'principle of the matter', but is it really worth all the extra stress of more form filling and a hearing all for aprox £100.00.
I have asked the lady at the court to send me the form, but not really sure what to do.
Advise anyone ????
XxXxX
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Good luck ... keep us posted
XxXxX
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Put in my claim with MCOL on 26/4 + claim ended up at Northampton CC on 27/4, transferred to Basildon CC on 17/5, then transferred again to Southend CC on 23/5.
Have received a copy of LTSB defence on 17/5, but nothing else + my AQ has been dispensed with .
Questions:
a) Is this normal to keep transferring courts? (Not really, but i guess its because the courts are getting snowed under)
b) When do I need to pay my £100 AQ fee (even though the AQ has been dispensed with? (I would await further instruction)
c) Shall I wait to see what comes in the post next, or shall I phone the court to see if I have a court date? (As above .... you could give the court a ring though)
Any help would be greatly appreciated.
I hope i have been helpful, if so, please click the scales
XxXxX
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Dommcd - hear hear (just not sure about 'propering' each word!)
I am still here, at present am keeping a low profile as several things are still in the air. When everything has been worked out / decided I WILL let you know.
Everybody keep up the fight - especially those with the hull case going on.
Just remember there is always more than one way to skin any cat
Good to see you back Kev ....
Looking forward to seeing whats 'in the air' .... lol
XxXxX
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Good luck .... keep us posted
XxXxX
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Dis you not send a schedule of charges with your 'priliminary request' or 'LBA' ???
It sounds like you havent if they are asking for this information.
:idea:
XxXxX
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I know .... thing is it is not a fast process, especially with Lloyds who drag their feet all the time and the sheer volume of claims hitting the county courts at the moment.
Good luck ... keep us posted ... any questions just SHOUT !
xXxXx
I hope i have been helpful, if so, please click the scales
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Personally speaking, I would wait until the court of
transfer have made contact.
XxXxX
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Standard response ... Send LBA
http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html
I hope i have been helpful, if so, please click the scales
XxXxX
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It can take upto a couple of weeks .... your court
maybe snowed under with claims.
Give it until the end of the week then give the court a ring
XxXxX
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help
in Lloyds Bank
curlychic,ive actually signed and sent it off ---- shall i just leave now ..... this wont effect anything will it
ta
No ... shouldnt effect anything
XxXxX
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help
in Lloyds Bank
This is the letter i sent if it is of any help ?
Ref: XX/XXXX/XX
Dear Sir / Madam
In the XXXXXXXX County Court
XXXXXXXX –v-Lloyds TSB Bank plc
Claim Number – XXXXXXX
I am hereby returning a signed copy of your settlement offer dated XXXXXXXX, the contents of which I have noted, in particular your defence that my claim for repayment of ‘fee’s’, not ‘penalty charges’ as I have submitted to the Court, is misconceived.
To date no Court in this land has been given the opportunity to decide, in the eyes of the Law, whether misconception is indeed the case, the Legal Basis for my Claim is, therefore, correct.
In relation to the terms you have attempted to impose upon the settlement, if you are confident in the legitimacy of your defence, I see neither a legal necessity for a confidentiality term, nor any reason to request one. I am completely unwilling to relinquish my right to free speech and consider your Clients attempt to enforce such a term extremely arrogant. I therefore absolutely and completely refuse to comply with any such confidentiality agreement and as such have removed this from your list of terms, prior to signing.
I would like to take this opportunity to remind you that I am bringing action against your Client, not vice versa. It is your Client that has decided to settle this matter outside of Court and as such they have absolutely no right to impose conditions upon the offer of settlement.
I notice that you have given me a period of 14 days in which to accept your Clients offer of settlement. I see this, in the eyes of the law, as a reasonable timescale in which to except such offer.
I reciprocate this and therefore request that the amount of £XXXX as offered in your Clients settlement statement, be paid into my account XXXXXXX within 14 days of receipt of this letter. If your Client fails to comply within this timeframe then I shall have no option than to continue with the Court action.
I will only notify the Court and stop any further Legal Action, once payment has been received into my account.
I look forward to receiving the above amount at your earliest convenience, but no later than XXXXXX 2007.
Hope that helps, think there is a template letter somewhere, but i jiggled it a little.
XxXxX
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Hi Dave
Sorry to hear your bad news
must be difficult times for you.Wasnt around when you posted would have replied otherwise
Mind you i cant help when it comes to T & C's
Chin up .... if you need help SHOUT and hopefully i can help
XxXxX
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where do i find the spreadsheet to fill in
There you go ('Template Letters' thread)
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help
in Lloyds Bank
So one word to say then
'CONGRATULATIONS'
If there are conditions attached, just cross out the ones you dont agree with (which might be all of then ... lol) sign, photocopy and return the copy to ****. From personal experience i would put in a covering letter stating that you are accepting their offer, but without the conditions you have crossed out. Also, give them 14 days and state the actual date you want the money in your account by.
DO NOT inform the court until the money is in your account !
XxXxX
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Hello and welcome to CAG ... You have come to the right place
I see you have read the FAQ's my advice would be to read, read and read some more. Then when you feel good and ready .... let the battle commence.
Here is a good link to get you reading and understanding the process a little more (you may have already seen it in the FAQ's section)
Good luck .... keep us all posted .... and any questions SHOUT !
xXxXx
I hope i have been helpful, if so, please click the scales !
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help
in Lloyds Bank
Chapswrote to SC&m asking to settle before court etc and they have accepted asking me to get review of my acc at lloyds etc .......
does anyone know how long it takes before they credit your account after agreeing to their terms etc ...
also has anyone asked for a review on their account
How did they accept ? Have they sent you a settlement offer ???
In relation to time before the money is in your account ... it all depends really some CAG memebers have had to wait over 3 weeks. I personally wrote to them (following their settlement offer) giving them 14 dyas to pay up. Money was in my account on day 14.
As for the review of your account ... It is usually one of the conditions of settlement anyway. I went for mine, was only there for 10 mins ... lol.
XxXxX
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Thanks for the reply, im going to go down local county court route. Mine is a business account, is there any difference if i use the N1 form?
thanks
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TALLING Vs LLOYDS TSB ... Round Two !
in Lloyds Bank
Posted
Hi Guys and Gals ..... I'm back
What excellent news today .... Stick that in ya pipe n smoke it Banks ... hehe
So here i go again ... round two ... gonna claim back the charges i recieved just prior to Christmas last year. May onlt be £165.00 but thats alot of money to me and its MY money NOT THEIRS !
Its good to be back
BRING IT ON ..... DONE IT ONCE AND WILL DO IT AGAIN !
XxXxX