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John72

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Everything posted by John72

  1. That's right, nor can you try and reclaim the monthly agreed account fees; it is only the charges for going overdrawn or returning items unpaid that are in dispute.
  2. hi I wish - they seem to have forgotten me!
  3. Hi Congratulations! Did you send back the letter they provided to you and agreed their conditions? Can you say the size of your claim as I too recently had a pre trial review at Cambridge, but absolutely no contact from LTSB. J
  4. Hi Congratulations - that's a good result and i'm sure is a relief for you. There certainly doesn't seem to be any logic to the way they deal with cases does there? John
  5. Hi Pre-trial reviews are normally used to bring the parties together, to help focus on the actual issues involved, and hopefully reduce the scope for disagreement on peripheral issues at trial. In these cases, however, the Courts seem to use them as an opportunity for settlements to be reached without wasting too much of the Courts time. But I don't think they reckoned on the delaying tactics of LTSB & SC&M....... John
  6. Hi It was only a pre-trial review, not the trial itself, so I only had my requested directions ordered by the Judge. However, my frustration lies in not knowing if their non-attendance was because they simply could not be bothered to attend or if they had no knowledge of it....... I'm still hoping that they might kindly settle before the next hearing but i'm not holding my breath. John
  7. Hi Nic Sorry I misunderstood the point of the question. The minute a claim is issued you are strictly "going to court", even though the matter may not proceed to a full trial. I have to say that I have not seen any evidence of a payment of more than £750 being made without a claim having been issued in court. Admittedly many have been settled prior to a hearing but still whilst technically in the court's process. John
  8. Hi I agree with Nic - don't appear too eager, you've issued your claim and now it's up to them to defend. And yes, they certainly do play a waiting game which has no logic or consistency to it. John
  9. Hi I only wish I could be right where LTSB and SC&M are concerned - but I've long given up trying to work out their logic. On my case they have not written one letter to me since I issued my claim and failed to appear at a court hearing last week. I actually commenced court action principally on the recommendation of the LTSB office in Andover! Out of curiousity as much as anything else I telephoned SC&M yesterday to see what their instructions from LTSB were. I was told that on all cases they referred the matter to the "decision makers" in LTSB for advice on whether to settle or not. On my file there was absolutely no response from the so-called "decision makers"........ Good luck on Friday. John
  10. Hi No problem. It'd be nice to think they will settle before Friday (or even immediately prior to the hearing at Court) but don't necessarily expect them to. Prepare as if a trial of the issues will happen and you will do as much as you can have done. If LTSB have not properly defended the claim that is their problem and one, hopefully, the Judge will point out to them. John
  11. Hi My claim is for a bit more than the small claims track limit and has still been allocated to the SCT - at the request of both myself and LTSB. As to the second question in your header; I have not seen any indication on this site where a sum of that size has been offered without the matter being in Court. The amount that is paid out prior to court proceedings seems to be limited to the "godwill gesture" payment of £750 - an amount which apparently (according to LTSB) has absolutely nothing to do with a refund of their charges, it is simply a gesture of their goodwill. When settlement time comes I wonder if their goodwill extends to that amount being kept out of the settlement calculations? John
  12. Hi You have nothing to worry about. It could be that your case was marked as "settled" because they are about to send you a letter offering to settle. If not, and as long as you've complied with the directions ordered by the Court, then the hearing will proceed on Friday. If LTSB were unaware (for whatever reason) of the hearing and did not turn up they could subsequently apply for any judgment made in your favour to be set aside, which would not get you any closer to settlement. This way you can be sure they are well aware and they can deal with it appropriately.
  13. Hi Have they defended your claim and, if so, did they mention the account fees? Have you been ordered by the court to provide a "bundle" of additional information / evidence or is this simply a pre-trial review? John
  14. Hi I think that's a sensible approach to take with a new claim. It's difficult to say what the response of the LTSB's rep would have been had you not accepted the offer made - it could have gone to a further hearing, who know's? However, it is clear that she was there to negotiate a settlement and if you'd have held out you may have got the full amount - but it was a result nevertheless. John
  15. Hi Congratulations on your settlement. All you need to do is write to the Court to advise that on the basis of a payment of £x you have received from the defendant that you are happy to discontinue your claim. I would not agree to sign any document that LTSB may come up with - they are, after all, settling a claim you have brought against them. May I ask at what approximate level your claim was and if it included a claim for interest? John
  16. Firstly can I say congratulations - and also how lucky you were to have had someone there from LTSB to whom you could talk to and ultimately negotiate a settlement. Secondly, in the absence of any express agreement with LTSB not to do so, there is no valid reason why you should not pursue the bank for a refund of charges and interest on any other accounts with them - or indeed on the same account but for different periods. They may not like it but until there is a decided and binding case (one way or another) there is little they can do about it. John
  17. Hi The position is relatively straightforward in that, as the Judge told you, the claim as originally pleaded by you on your claim form is the claim that the defendant defends and which you subsequently have to prove in court - if it gets that far. Changing you claim, once commenced, without leave of the Court is a bit like changing the position of the goalposts - it's not fair to the other side. So on the one hand it is good news that your claim has been settled in full. On the other hand, if you wish to pursue the bank for any other charges, whether byond a six year period or not, that will need to be the subject of another claim. John
  18. Kits It seems like we're almost in a position of people saying to you "on the count of three I will snap my fingers and you will wake up....". I have no doubt as to your feelings but the facts really do not bear out all you say. For instance, on a claim of £20,000 one may be minded to be happy with a settlement of £13,000 but the fact is that at no stage does that seem to have been offered. So, as I originally said, in the absence of that (and in the absence of any cogent authority that a charge of £2 or £10 - or whatever - is "reasonable") what alternative is there other than to make a formal claim? I suspect your counter to that may be that negotiating with LTSB is a better approach - and if that worked I would be the first to agree with you. In my own case I have had exhaustive correspondence with them and they have flatly refused to enter into any more correspondence with me; beyond the £750 "goodwill gesture" they have not made any other offer and have declined to negotiate a settlement. Indeed, a lady at Andover advised me to commence legal action as that was the only way they were paying out at levels beyond the £750! To me it seemed I had no alternative but to commence action, much as I would have liked to have maintained a positive banking relationship, as I was being presented with an "all or nothing" option by the Bank - as are many others on this site. I do know that the local and area business banking managers at LTSB are rather bemused at the approach taken by Andover and their Solicitors as it is frustrating the good relationships they are seeking to create with their business and personal customers. I also know that the LTSB solicitors are normally involved in debt collecting for LTSB rather than debt defending and they are clearly overwhelmed by the number of cases they are having to deal with. However, that is only because of a clear policy by LTSB not to "roll over" on this issue without making it as hard as possible to obtain refunds, for fear of an even more overwhelming "opening of the flood gates" to additional claimants previously put off by the thought of instigating Court action. Sorry for the ramble! It's just that if there was genuinely a better, and easier, alternative then I, and I am sure many others, would have taken it.
  19. Hi Without a doubt you should attend the Court Hearing on Monday. You have brought the claim and you should, in the Court's eyes, follow it through. If you do not there is a risk that the Judge could dismiss your claim in your absence which, in a worst case scenario, would then allow LTSB to claim the monies back from you. Whilst unlikely, it is not a risk I would wish to take. By attending on Monday you will be showing respect to the Court and will also possibly find out how the part payment you have received has been calculated. If I were you, I would only agree to finalise your claim once you are entirely happy on the basis on which you are doing so. John
  20. Hi Pen Not as well as I'd hoped but, to be honest, what I expected. I've posted on my thread but this is what I said: An update...........just back from the County Court where my claim was listed today for a "pre-trial review" - along with around 40 or so other cases which took up the whole list for the Judge today. All the banks were listed but it seems only one (Barclays) had sent along a barrister to represent them - and even he had no instructions to settle cases, only to agree directions. Apparently Barclays are deciding whether to pay up on all their cases or to defend them all - so nothing new I suppose. Back to my case and LTSB. Although they had 10 or so cases listed today, they instructed a barrister on only one - the one before mine! He had no instructions on my case and therefore couldn't deal with it; so I saw the Judge alone. The Judge, bless him, seemed tired of being told that either so many cases had already been settled or that no one was there to represent the various banks and I think rather relished the opportunity of granting me the order for directions that I had proposed to SC&M (and copied to the Court) back in April. In fact the directions were given with the exception of the need for witness statements or decided cases. A preliminary hearing with a 30 minute time slot was also ordered - likely to be in the 1st week of September. Not the result I had hoped for by today (I strangely thought that I might have heard in settlement by now) but a form of progress none the less. Although my claim is "multi-track" size the Judge ordered that it be allocated to the SCT (as both parties had requested) so at least cost exposure is not an issue. LTSB have been ordered to provide evidence of their costs within 28 days - so we'll have to see what they come up with? John
  21. An update...........just back from the County Court where my claim was listed today for a "pre-trial review" - along with around 40 or so other cases which took up the whole list for the Judge today. All the banks were listed but it seems only one (Barclays) had sent along a barrister to represent them - and even he had no instructions to settle cases, only to agree directions. Apparently Barclays are deciding whether to pay up on all their cases or to defend them all - so nothing new I suppose. Back to my case and LTSB. Although they had 10 or so cases listed today, they instructed a barrister on only one - the one before mine! He had no instructions on my case and therefore couldn't deal with it; so I saw the Judge alone. The Judge, bless him, seemed tired of being told that either so many cases had already been settled or that no one was there to represent the various banks and I think rather relished the opportunity of granting me the order for directions that I had proposed to SC&M (and copied to the Court) back in April. In fact the directions were given with the exception of the need for witness statements or decided cases. A preliminary hearing with a 30 minute time slot was also ordered - likely to be in the 1st week of September. Not the result I had hoped for by today (I strangely thought that I might have heard in settlement by now) but a form of progress none the less. John
  22. Sorry Kits, I just can't see that any of what you are saying makes sense. The fact is that in the absence of any unprompted unilateral gestures of "goodwill" from the banks (and I have to say that the "goodwill" gesture I have received was not banded commensurately in any way to my claim) the options are either to claim through the courts (or the FOS) or do nothing - and what happens when good men stand by and do nothing?
  23. Hi Titch Yes, I sent them letters every 3 weeks, plus draft directions, plus a "without prejudice" letter offering to talk to settle things amicably; but you know what the response was.........absolutely nothing. John
  24. I'm feeling a little left out of all the LTSB payouts recently - i've had absolutely nothing from them since their defence back in March and we have a hearing tomorrow.
  25. Well this is the week of the hearing - Friday the 13th.........and still nothing from SC&M or LTSB.
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