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About John72

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  1. Hi Guido The Judge was excellent - in fact he said that he had given as clear an indication as to where his sympathies lay and that how he felt that LTSB could have dealt with this in a much fairer and more just way. Sadly, I don't think LTSB are listening. It was Cambridge County Court. My present case has been allocated to the Small Claims track, even though it is inexcess of £5,000. If I do issue a further claim for the earlier charges I suspect a defence would be issued by LTSB at which stage that too would be Stayed. If that happened then the risk of exposure to costs shoul
  2. Hi The same has happened in my case (i've put more on my thread). Even though the Judge was sympathetic, the reality is that no County Court is likely to allow a case to proceed further pending the outcome of the OFT case. John
  3. John72


    Hi Benjy I'm sorry that i didn't say what you wanted to hear - i was only sharing my own experiences. Without a doubt you are entitled to object to the Stay being granted, or to apply for a Stay to be lifted, but the general feeling now is that the Courts are reluctant to agree in the light of the forthcoming OFT test case. For what it is worth, I have shown below my letter to the Court and my Skeleton Argument on which I relied at my hearing to have the Stay in my case lifted (unsuccessfully): Dear Sir xxx – v – Lloyds TSB Bank plc Case No xxxxx in the xxxxx County Court
  4. John72


    Hi benjy Whilst it is extremely frustrating to be the subject of a Stay in proceedings, my own experience is that it is extremely unlikely that you will succeed in having that overturned prior to the outcome of the OFT case. Not only would the bank be unlikely to allow that to go unchallenged by them, the Courts would be wary of allowing a case to proceed in the expectation that (in the event of a claimant being successful) the bank would appeal to a higher court. That has serious costs implications for claimants. I honestly believe that the only thing to do now is sit and wait for t
  5. Well I had my "day in court" yesterday seeking to overturn the Stay in my case. LTSB sent along Counsel (from Lincoln's Inn in London, no less!) to argue their case and to apply for costs against me. Although the Stay was not lifted (the claim was adjourned generally with liberty to restore), the Judge was extremely sympathetic to my case and spoke of the terrible injustices being carried out by the banks towards claimants insofar as they were arbitrarily settling some cases and not others. He accepted that I had a good case to argue that my claim was primarily on the basis that the charg
  6. Thanks Gary - I'll let you know what happens! J
  7. Any idea where I can obtain details of the actual "advice" given to local Courts on how they should approach stays in these cases? I've received from SC&M today a copy of their "Skeleton Argument" for the hearing tomorrow wherein they repeatedly refer to "complex issues" and how a stay would facilitate an orderly resolution and not undermine the (OFT) test case. The hearing in Court is tomorrow - does anyone have any last thoughts on this? J
  8. Any news on what happened in Court?
  9. As the Court have ordered the bank to serve a copy of the POC on the claimant that should not be difficult for them to do - especially as it is readily available? What I would be interested in is why the Court made that order - are they doubting, perhaps, that the test case is actually going to deal properly with all the arguments raised? John
  10. Hi Can you let me know on what basis the request for a stay was refused by the Court? John
  11. Thanks Gary, that's what I was hoping - all I have to do now is persuade the Judge! From all i've read on all other threads regarding stays, the Courts seem to be happily going along with the idea that ALL cases should be stayed pending the outcome of the OFT case simply because they have received some kind of "directive from above". I can see the advantage of this from a local Courts point of view (as it clears their lists considerably) but if we could see the actual directive it would be possible to address that somehow? Is there a way of obtaining more information on that? John
  12. Gary Many thanks for your help. I've printed the T&C's off and will take them to Court with me on the 26th. I'm hoping that as my claim is made firstly on the basis of "breach of contract" (and secondly on the unfairness angle) that the Judge will agree that the OFT case is not wholly relevant to me and allow my claim to continue? John
  13. Hi Just checking in - how did you get on today? John
  14. I'm sorry, I must be having a "Friday moment" in not being able to explain myself........but what I meant was, is this a claim, albeit started by you in April, which LTSB probably initially defended in Court, but which they then offered to settle after the announcement of the OFT test case or before then (even though you may have only received the money at the end of August)?
  15. Thanks Gary - I'll have a look. Essentially I have two personal accounts (one of which was an original basic TSB account opened in 1992 but which has now migrated to an "enhanced account" and the other is a Lloyds TSB "enhanced account") and a business account opened originally with TSB in 1992. I'm afraid I've lost track over the years of the T&C's that have applied to each account, especially as they have changed the type of accounts whilst keeping the same account numbers, if you know what I mean. John
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