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Bill Lynch

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Everything posted by Bill Lynch

  1. Your next action is to go ahead with the MCOL stage. This is where you make your claim via the court system on the internet. I do think that phoning these people is a waste of time. Keep everything formal and do everything by letter, keeping copies. Yes, there is a test case underway but this may not come before the courts until next year. I believe they have put a stop on further claims until the result of that court case is known but that does not mean that you should leave your claim because they may want to just settle it. Keep heart and good luck.
  2. Well done!! Do not write to the court withdrawing your claim until the money is in your account. (Wait and see how much you get first) Enjoy.
  3. All you need to send to the Court and the Defendants solicitors is a simple letter informing them that you are enclosing a schedule of charges and 8%interest to support your court claim. There is no need to send copies of any other correspondence with it.
  4. If the Halifax are willing to offer you the majority of your claim, they will pay all of it to you. Stick with it, they just want you to accept what they are offering to save themselves a few quid. They were not bothered about saving your money when they took it out of your account. Stick to your guns, good luck.
  5. Once you have made the MCOL claim, send a schedule of charges and interest to the Court, to keep them updated as regards the details of your claim, and also send a copy of the same to Lloyds. Don't wait to be asked, just send them. As regards the fee, there is an additional fee if the claim is over £1500.00
  6. Many thanks for that. If we sent letters like that to Solicitors, they would be asking the County Court to strike our claim out. They should realise that it only makes people more determined. They only understand the stick, the carrot is lost on them.
  7. Lloyds TSB, and the Court system, should be aware of the 'gutter' practices of those who act in their name. Sending out letters marked 'Without Prejudice, Confidential and Privileged' and making threatening remarks to frighten claimants into accepting whatever is on offer is an act of cowardice. They warn that these letters of settlement cannot be produced in court nor discussed with those in the court system. So how can you respond with letters when they cannot be produced in court and not shown to a Judge in an attempt to show the legal system that you want to bring about a settlement. Has anybody else had these type of letters?
  8. No it does not. If you started your claim with Lloyds in December 2006, then your 6 years starts from December 2000, so your January charge in 2001 is valid. Good luck.
  9. Thank you Caro for that. My thread in December just adds to the confusion. If none of the three Statutes I have mentioned is relevant in business claims, does this put at risk my imminent court bundle where the words 'Common Law and Statute' have been used in the POC?
  10. I am making a business account claim to Lloyds. On the initial template for business it states "Common Law and Statute". I worded the letters and POC accordingly. I have now had a reply from the Solicitors where everything is denied. Also, they sate that none of the Statutes, including the Unfair Contract Terms Act or the Unfair Terms in Consumer Contracts Regs or the Supply of Goods or Services Act apply. I have been back on to the "Business Claims - Basic Guide" and in the initial letter for repayment it mentions just Common Law. Then in the LBA it mentions Common Law and Statute and in the POC it mentions just Common Law. As we are preparing for Court I need to clarify which is which!! What can be relied on when it comes to the Common Law, just the Stated Cases or what else? The templates for business are confusing because they contradict each other. Can anyone please help?
  11. Following a comment by Barty earlier on in this thread, regarding the £100 court fee, I have been advised by the County Court that the £100 is only payable if the claim is OVER £1500 and not UNDER. I paid the £100 following a thread some time ago on the site and I have been told by the Court that I will get it back as it should not have been paid?
  12. Good, calm down, think about what you need to do and do it. There is only one way to deal with Lloyds, that is formally and the way they deal with others. Good luck.
  13. Karen, Is there a separate link to the letter for pre-action disclosure?
  14. I think you have done more than any reasonable person would expect. Personally, I would inform the Information Commissioner and ( if you have not already done so, I would send off a non-compliance letter giving them 7 days to comply with the law or you will take action against them. These are not reasonable people. They obstruct every way they can so its time for you to use the law that is available to you. Its the law of the jungle I'm afraid.
  15. Hi Happy, I understand. Many thanks. Good Luck
  16. Hi Happy, Thank you for those very useful threads. My title was 'The Limitation Act', but I guess that was wrong because my question was about the Unfair Terms Regs 1999. Why can we only rely on the 1999 Regs if the account was opened after 1995? Does this mean that we cannot quote the other Statutes in the Court Bundle, only the 1999 Regs?
  17. In the section, 'Important things you really need to know', concerning the Limitation Act, if the account was opened post 1995, can I ask why you can only rely on the 'Unfair Terms Regs'? I would be grateful for any advice on this?
  18. The report from the OFT has been expected for some time and, when published, will offer some clarity to the situation. In the light of all the publicity nationally regarding bank charges, I suspect that their final verdict will assist the poor customers who have had to put up with greedy banks for a long time and I have no doubt that the banks will have to adjust or completely change their conditions. In the meantime I think that we should just continue as we are doing at the moment. As regards your second point, I believe that Lloyds are no different to any other bank at this moment in time, they recognise that all they can do is what they are doing and that is be the biggest bully of them all. The OFt and the Ombusdsman are only too well aware of what is going on. with customers up and down the country. I would respectfully suggest that you just continue with your Court bundle and await events from outside organisations like the OFT and the Ombudsman. The focus is to get your money. Good luck!!
  19. Hi Fulhamnick, Nice to hear from you. I used the telephone number given on the thread and gave the reference number and three days later the statements arrived. So that was very helpful. As regards Moneyclaim and the Court, you will find information to answer your question in the FAQ's. I have already done a claim through the Moneyclaim, and provided you have a credit or debit card, I found it most convenient and I could track its progress on the site itself, so I would recommend it. As regards your lost information, I hope your night out was worth it. It will just mean some more work for you but I wish you well with your claim. Thanks again.
  20. Thats a great help. Many thanks.
  21. Hi Crispdust, Many thanks for your reply. I am sorry to put you to further inconvenience but as you have been through the routine with your own case, would you mind explaining the 'CCA argument'?
  22. Hi Porcupine, I believe that I am right in saying that charges on business accounts are reclaimable. I am going through a similar process at the moment. The sample letter to the bank (in the first paragraph) should state ' business account' rather than 'my account' and the Letter Before Action (in the second paragraph) should state 'unlawful at Common Law and Statute'. Do not include the reference to recent consumer regulations. I hope that is helpful. I do have two general questions for any person who can answer them. The first is, ' What is the Statute Law that is referred to? and on the last but one paragraph of the Particulars of Claim, 'is S15 of the Supply of Goods and Services Act 1982' relative as far as a claim for a business is concerned and should it be included on the POC? I have checked several areas of the site, ie Legislation, Templates, Threads but cannot find the answers to the above questions. I would be grateful for any help.
  23. Hi Fulhamnick, Many thanks for responding and for your advice. I think I will, in the first instance, make the telephone call to the number you gave and see if that works. If not, I will contact the Information Commissioner and I will use the court option as the last option. Many thanks once again.
  24. Hi Guys, Following suggestions on this thread, I sent a letter to Lloyds for Non-compliance and gave them 7 days to reply with the necessary information. I have received no reply. I now need to consider court action. If the specimen in the Templates section states, " ..a complete list of transactions and charges relating to my banking history with your organisation - alternatively a complete set of statements will be acceptable". If this choice is given, and statements are not provided, when it comes to court action, is this likely to be used as a defence by Lloyds? Also, on the specimen POC for non-compliance, it mentions the fact that "...the claimant has suffered (damage)". As 'damage' is in red and can be deleted or amended, what can it be amended to, if not 'distress'? The aim is for me to get my statements. Does a financial cost (damage) need to be part of this aim? Any advice would be welcome.
  25. Hi Fulhamnick, Yes it certainly does. I will take similar action. Good luck to you. Up the Revolution!!
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