Ianfm v LloydsTSB ***SETTLED IN FULL***

[ianfm]

I have received the following from the Court:

 

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT the action be stayed pending the decision in the case of Elliott v Lloyds TSB

 

Dated 24 July 2006

 

>>>>>

 

I have only received the order today so I suppose I have 7 days to act on this. What should I do? As far as I was aware the Elliott v Lloyds case was settled out of court.

 

So do I have it set aside, varied or stayed? Any help would be appreciated.

[ianfm]

I have received the following from thwe Court:

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT the action be stayed pending the decision in the case of Elliott v Lloyds TSB

 

Dated 24 July 2006

 

>>>>>

 

I have only received the order today so I suppose I have 7 days to act on this. What should I do? As far as I was aware the Elliott v Lloyds case was settled out of court.

 

So do I have it set aside, varied or stayed? Any help would be appreciated.

[ianfm]

I have received the following from the Court:

 

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT the action be stayed pending the decision in the case of Elliott v Lloyds TSB

 

Dated 24 July 2006

 

>>>>>

 

I have only received the order today so I suppose I have 7 days to act on this. What should I do? As far as I was aware the Elliott v Lloyds case was settled out of court.

 

So do I have it set aside, varied or stayed? Any help would be appreciated.

[ianfm]

Thanks everyone for your help.

 

I constructed a letter from the template making adjustments regarding the dates and my own details accordingly and then hand delivered it to the Court today. They were very helpful and said the matter would be dealt with and they would contact me again in a few days time.

 

I will let you know what happens.

 

Moderated: 3 threads merged , please keep to your original thread when updating

[ianfm]

The Court have now lifted the stay and have informed me they intend to allocate the claim to the small claims track and a hearing date will be arranged. They ignored my requests for any injunctions against Lloyds.

 

However they have put a condition on this saying that everything I intend to bring up in court must be provided to the court and the defendents solicitors at least fourtenn days before the hearing.

 

The question is do I have to provide full details of everything I intend to say in court and all "exhibits" that I intend to use to prove my claim?

 

On looking at other threads it appears that those dealing with Sechiari Solicitors normally get an offer after the submission of the AQ but in my case this does not appear to have happenned so I expect that I need to prepare and send everything off the the Court and Sechiaris that I intend to use in Court.

[paulson1985]

No not always Ian I got my court date 2 weeks ago and got my offer yesterday.

 

I hope that puts your mind at rest.

[ianfm]

Thanks for that reassurance Paul.

 

When you ogt your court date was there any instruction about having to provide documents etc. up front to the Court and the other party?

[walgrave]

When I got my offer to settle they said that, although they were confident they would win, the cost of going to court outweighs the cost of settling. I think you'll find that you'll soon get an offer. I'd be surprised if they go all the way to court.

[ianfm]

It looks as though I still may have to wait some time yet. I contacted the Court today to see why they had not sent me a date and they said because of the backlog I probably won't hear anything until October/November time and my case may not be heard until December/January.

 

Is there no time limit that can be imposed on the Court, I submitted my claim in July and the court won't not place any injunction on Lloyds to stop them levying further charges or interest. The fact is if unlawful charges had not been taken my account would be healthily in credit. They (Lloyds) are still placing charges on my account for an unauthorised overdraft.

 

I have got to the point where I will just ignore any letters or charges from Lloyds until they or Sechiari open a dialogue, OR should I write to Lloyds and tell them that I have no intention of dealing with this overdraft until they pay me my money?

[jonni2bad]

You should make them aware that the amount of 'debt' is formally disputed and that you have started legal action to resolve the matter.

[ianfm]

Thank Jonni

 

I have done what you said. I have drafted out a letter to reply to Lloyds (copy below) . Would you consider it appropriate to send a copy to Sechiari Solicitors and also to the County Court. I though that if the Court could see that I want to resolve the matter out of Court then it would show that I am willing to settle the matter amicably even if lloyd are not.

 

Regards

Ian

 

Copy letter>>>>>

I am in receipt of your letter dated the 25 August 2006 and note its contents regarding my overdrawn balance.

 

Currently the overdrawn balance of my account is caused by the cumulative effect of charges levied by your Bank over a period of time.

 

The current amount of “debt” on this account is formerly disputed and the charges levied are the subject of legal action between myself and LloydsTSB. This case has been allocated to a hearing in the County Court in the near future but I am prepared to negotiate with yourselves or through your Solicitors Sechiari Clark & Mitchell in order to bring this matter to a conclusion and prevent any protracted dispute which will be a waste of time and resources and could be settled without the need to involve the Court.

 

I look forward to your reply.

[jonni2bad]

Certainly send to the solicitors now, although I would just keep a copy for the Judge if it gets that far.

[ianfm]

TSB are now retaliating and I think they are acting unfairly.

 

I have written back to them saying that the overdrawn balance on my account is in dispute as it is a direct result of unfair charges levied over the last four years and that a court case is pending.

 

They have responded by writing back to me saying they have removed my overdraft limit and will now charge a higher rate of interest for unauthorised borrowing on an overdraft. This now means that charges will escalate even more unless I pay off my overdraft.

 

This must be unfair and I think should warrant a mention to the court, who incidentally have yet to give me a hearing date. Has anyone any suggestions?

[ianfm]

TSB are now retaliating and I think they are acting unfairly.

 

I have written back to them saying that the overdrawn balance on my account is in dispute as it is a direct result of unfair charges levied over the last four years and that a court case is pending.

 

They have responded by writing back to me saying they have removed my overdraft limit and will now charge a higher rate of interest for unauthorised borrowing on an overdraft. This now means that charges will escalate even more unless I pay off my overdraft.

 

This must be unfair and I think should warrant a mention to the court, who incidentally have yet to give me a hearing date. Has anyone any suggestions?

 

It gets worse.

 

As well as removing my overdraft limit LloydsTSB have now sent me a letter saying they refuse to enter into any dialogue with me and that I must pay back my now unauthorised overdraft. I had an overdraft limit but they have taken that away from me. No doubt because of my claim. Now they have taken to phoning me on a Sunday demanding repayment, needless to say I refused to speak with them.

 

The Court placed a stay on my hearing but I managed to get that removed. However having still not received a hearing date I contacted the Court to ask why and was told that the Judge was unable to confirm a hearing date on my case, even though the stay has been removed. When I asked why I was told that it was the Judges decision when he will hear a case. I think that something underhand is going on here, my stay has been removed but the Court will not make a hearing date.

 

In the meantime I am been harrased by Lloyds, they remove my overdraft limit and demand repayment but won't talk to me.

[ianfm]

Well I still have heard nothing from the Court.

 

My case was allocated to the small claims track on the 9 August 2006 and I STILL have had no hearing date assigned. The Courts say that my date will be assigned when the Judge decides, I think that although my stay was lifteed there is still an unnoficial stay on the case so I have decided to make a formal complaint to the Court.

 

In the meantime Lloyds have put the pressure on, removing my overdraft and adding £108 in charges in one month, I think by the time I get to court I will owe Lloysd double the amount I am claiming so I am beginning to wonder if its time to call it a day and cut my losses.

 

Lloyds, Solicitors and Court all appear to be against me so I doubt I have a hope of getting anything back.

[midge61]

Hi ianfm

I think if you read some of the other threads you will see that you can tell Lloyds that the account is in dispute and awaiting a court date and that they cannot continue to harass you or demand repayment until the dispute is resolved.

Hope that helps

[reload]

Hi Ian,

 

Just to echo Midge - Don't give up!

 

As Midge says, with your account in dispute Lloyds performing retaliatory action such as removing your overdraft and adding additional charges is in direct violation of the Banking Code, and also goes directly against a statement issued by the FSA in relation to retaliatory measures.

 

Have a read through Mindzai and Lucid's threads in the Lloyds forum. Mindzai has written some fantastic letters which will no doubt be of great use to you.

[lpinuk1]

Hang in there, they will eventually settle. My claim started in July and then i received a court date the 10/10/2006. They settled in full on 09/10/2006.

[ianfm]

Thanks for the advice midge & reload, I have read through Mindzai and Lucid's threads, very informative and helpful.

 

Anyway I have now received my hearing date, or should I say 2 hearing dates, both on 8th November at the same time but in two seperate locations, both notifications of hearing have an additional note saying that the case may be transferred to another Court in another location. They must be very busy.

 

Thing is that my hearing is on the 8th November, the Court says I must lodge with them, and the defence Solicitor everything I intend to use in Court at least 14 days before the hearing, that doesn't give me very long so if anyone can direct me to where I can find all the info I need to present then that would be appreciated.

 

Thanks all for your help.

[christinajanep]

hi ian,

there is a court bundle you can use which is available for download, its located in the library

[ianfm]

Well I am all set to go to Court on the 8th. I sent off, as per the Courts instructions, all the paperwork I intend to produce in Court to the Court and Sechiari's. Hand delivered to the Court and by special delivery to Sechiari within the 14 day deadline.

 

LloydsTSB have failed to send any documents to me or the Court. The deadline has gone so presumably they can now not produce any documents in Court becuase they have not furnished me or the Court with copies.

 

I asked the Court about this and they said that it is up to the Judge, but surely I am now at a disadvantage because Lloyds know what I intend to produce to support my claim but I have no idea what they are going to produce to support their defence.

 

If anyone can advise on this then I would be grateful.

[jendoc]

Hi........A copy of the 'BEANO' proberbly!...cos their NOT going to appear and they know it!.....take it from me Kid.......Have faith.....

 

Jendoc

[jonni2bad]

To a small degree, yes - you are at a disadvantage if they are able to supply 'evidence' having seen yours.

 

In truth, there is very little they can do to harm your case unless they are able to provide evidence of their costings and it really is what they say.... I don't think we need to spend any time worrying about that scenario, do you?

[walgrave]

Hi Ian,

 

I really wouldn't worry too much. I know there's only a week to go and it's cutting it a bit fine but just keep checking your account and I'm pretty sure you will soon see the words "Settlement of Claim" alongside a welcome figure. Have your letter ready to send to the court to tell them the claim has been settled.

 

You're nearly there - it's brinkmanship! Don't blink!

 

Walgrave

[ianfm]

Thanks all for the encouragement, they are certainly taking this to the brink. By this time next week it should all be over.

 

I will let you all know as soon as something develops.

 

Regards