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Everything posted by Dissatisfied_Customer

  1. Hey, can anyone help me tighten up the following? I am requesting my stay set aside and the defence be struck out for generally being crap (not the term used in the letter below!!) I'm fairly happy with the letter, and will obviously head it appropriately, but want to make sure I get it right so that I get what I am asking for! Any and all feedback greatfully received! Oh, and I'm off on holiday Sunday, so I'll have to send it off before then! Just to recap, my case was stayed and I was not informed of it until I had been waiting for 40 mins at the court for my hearing. The letter arrived on the monday AFTER the court hearing. Lloyds have never filed any papers and so this would mean to me that they should be struck out? I'm not 100% that this is so, but it is what I'm asking for. Deputy District Judge**** I am writing with regard to the defendants request for a stay in the above case on the grounds of the pending OFT test case. Whilst I am mindful and appreciative of the ongoing test case in London, I strongly oppose the stay and would ask the court to disregard and move to judgement. During my attempts to communicate with the defendant a number of delays were experienced, most importantly with regards to my Subject Access Request which was not fully complied with within the legally required timescale of 40 days. This was due to the complete exclusion of account details pertaining to account **************** as requested and was finally complied with on threat of legal action in a package received ** *** 2007, 76 days after initial request. During the time that the courts have been involved with this case, Lloyds TSB Bank PLC have failed to submit their AQ in a timely fashion and a court order was made by District Judge ******* dated ** *** 2007 against Lloyds TSB Bank PLC requiring them to do so within 7 days or claimant would be at liberty to enter judgement. Following the courts receipt of the defendants AQ on the ** ***, within the ordered 7 days but outside the original requirement an order was made again by District Judge ******** dated the ** *** 2007 that the ‘Defendant do by **** ** *** 2007 file and serve ‘1. an itemised statement showing how each and every item charged is calculated. 2. a copy of the contract with the customer 3. skeleton and legal arguments if points of law are to be argued relating to punitive damages and/or unfair contract terms’ The claimant wrote to the courts and the defendant in a letter dated ** *** 2007 again reporting failure to comply with this order and received confirmation of receipt with the recommendation of ‘no action before ** ** **’ It is understood from a conversation with the Judge present on ** *** 07 that the requested stay by Lloyds TSB is dated ** *** 2007, fully 30 days after failure to comply with the courts directions. This caused an order notifying stay to be dated ** ***2007 but postmarked ** ***2007, the day set for original court proceedings. This caused considerable nuisance to the claimant with regards to loss of earnings for the time off and stress caused by the prolonging of this case, as well as embarrassment for the courts when it was realised that the claimant had been uninformed of this amendment to proceedings together with wasting the courts time whilst a window was made for myself to talk to the Judge in person. As the test case was agreed to and filed on the ** *** 2007 the claimant would argue that there was more than sufficient time for the defendant to apply for a stay rather than fully four weeks past the courts directions and that failure to do so shows neglect on their part. With this and previous repeated digressions taken into account it is argued that Lloyds TSB Bank PLC have shown wilful neglect to any directions given by the court or required by law; have failed to enter in a timely fashion arguments, contracts and supporting documentation on which they might depend in court as ordered by District Judge ******. Therefore it is with respect that as claimant I would ask for the courts to overturn the stay, strike out the defence and grant liberty for the claimant to enter judgement. I would like to bring to the courts attention the fact that I shall be out of the country until the ** *** 2007 and shall be unable to reply or conform before that time to any request that the Judge do make with regards to this matter. I remain at the courts discretion.
  2. I've heard from a friend that experienced the same thing. The bailiffs were sent, but cannot collect as it's a PO box. (unofficially) someone in the court said this is getting quite common, and to use your branch address. This produced results immediately.
  3. OK, so the extra details haven't shown up, so I've got to go to court to get my details. Having moved quite a lot since I had my account in question, how accurate do the details of when it was opened/closed need to be.? I'm fairly happy with the last date, but can't remember when it was opened. Is a guess at 10 years ago ok? How many have gone to court this early and how did that pan out? Also, as I have one set of account details, can I bring this action at the same time so they know I mean business, and that they haven't bought themselves any extra time? Does it have to be a separate claim as it's for a separate issue? Lastly, I have been told to use the branch address by a friend, as a court employee told him that LLoyds have been defaulting on payments and using a PO Box so the bailiffs can't collect....
  4. Thanks muchly guys. Didn't see the template letter last night so that's useful. Nice to know I'm not alone, LLoyds do seem to enjoy giving others the run around...
  5. I'm just looking for a couple of answers please! I have finally, (a couple of days late) received my SAR request, but for only one account. I had requested two, one credit card and one current account. I never received the credit card account details, though this could be that they had difficulty paying my money onto the card in the first place. Has anyone had this before, where the SAR has only been partially fulfilled? What action did they take? I am personally of the mind to report them and file a further request to comply or notify me of the problem? I'm off to check the templates now - if there's not one, can someone leave me a sentence or two? £1322.59 and counting....
  6. BBC NEWS | Business | Are penalty charges bank robbery? There's a link to the story here. It's also on BBC2 at 10pm tonight.
  7. Hi! Try here (Clicky) This should be the letter you're looking for I believe! Best check first though, I'm only a newbie If not, there are all the templates in the library to choose from. That sounds exactly like the letter I expect to be getting from them too. Standard letter stuff. Good luck in your claim, I'll keep an eye out for how you get on!
  8. Ooh, A first! Good to know. I'll send the letter as normal to the address and just note they refused to accept in case it becomes relevant later on. I'm guessing they'll say it's something to do with the weekend and not all staff being in or something, but it's only a little blip at the beginning, I'm sure they'll come up with more. Thanks Barty For the record, the letter has been addressed to Ms Janet Ayres DSAR Team C49 / TNT 25 Charlton Place Andover SP10 1RE as found in the addresses section. It will be posted for first collection monday.
  9. Hey, I popped in to LLoyds today to give them my SAR and the money. I wanted to make sure they had my correct details as I don't bank with them any more. As I was giving them cash though - they refused to take the letter!!! The reason? It wouldn't be secure!:o Gosh, glad I don't store my money there any more! What really made me chuckle though was when I got back home - I had a lovely letter from Lloyds saying they were sorry I had closed my account a few months ago, but they had listened to me and wanted me back! Maybe it was because I wasn't happy with the service I got. (Hang on, they'd know that if they listened to me, wouldn't they?) Ahh. If only they knew. On a serious note though - Are they allowed to refuse my claim? I can send it to the address on here, but shall I now make an addendum that they have refused it? I have noted the name and branch in case(when) it's needed for court...
  10. Thanks. I'll be getting that in this weekend then!
  11. Hey everyone, I'm about ready to send my SAR to Lloyds, but have a couple of questions first. I intend to claim for both my current account and my credit card -does this require two separate requests, and does that mean two separate SAR's (with two separate £10 fees)? Also, I have seen on a couple of other threads that I may have to hand the letter in in person as my accounts there are already closed. If this is so, what provision do I need to make with regards to correspondence address and/or confirmation of receipt? If anyone can point me in the direction of threads that are similar I would be grateful, I haven't seen any so far but have not read everything yet! Oh, lastly, Thanks to anyone helping me out, it's more than appreciated!!
  12. Thanks guys! I have a couple more questions lined up, but will save them until after I've read through everything; I'm guessing I'm not unique round here!! I'm a touch busy but will start a thread when I'm ready to progress. Again, thanks a lot for stopping by!
  13. Hi! A friend recommended this site to me and it looks like it should be useful! I have now closed my account with Lloyds as they were so bad, but I apparently can still claim my charges back? Has anyone had any experience of this? Any general info on dealing with LLoyds is welcome!
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