Elsinore v LTSB and............***WOOOOOO OON*** WON

[elsinore]

Good for you, kfdh, keep the pressure on them.

We probably won't get our money any quicker, but it informs the courts of their antics. One day they might stop doing it, to the benefit of future claimants.

 

Elsinore

[freebird]

"an error of omission, rather than an error of commission"

 

ooohh I love you

 

good luck..

 

as you can see "I'm still waiting" as sung with Dianna Ross a few posts ago in my thread...lol.....

[elsinore]

Time's up! The 28 days expired last Friday. I'll leave it until Wednesday before enquiring, as my court are taking quite a long time to process information. Wonder why?

 

Elsinore

[GaryH]

Great stuff. Love what your doing here Elsinore - spot on;). As I've said numorous times before, the more we can draw the courts attention to their abuses of the system, the less likely it is to continue indefinately. I really think that we could start to get some results before long and could hopefully start seeing them actually settle claims within the month they ask for on the AQ.

 

Or I could just be very naive.

[Paul Franklin]

DPA letter sent today for personal account. £1300 totted up so far, but some statements missing.

hi, i want to claim my charges back but havent got a clue where to start & what letter to write. could you help me? [email protected]

[GaryH]

Firstly, please have a good read of the FAQ section (linked below in my sig). 99% of your questions will be answered there. Also have a good read of the other Lloyds threads - particularly the 'WON' ones in the 'successes' forum. That will give you a good idea of what to expect at the next stage.

 

Secondly, can you please start your own thread - this is someone else's. If you create a thread of your own you'll be able to log your progress step by step, and other people will be able to keep track of it and offer help where needed.

 

If you still have any questions after a good read up, by all means ask - I'll keep an eye out for your thread.

[elsinore]

Documents received from court this morning.

True to form SC&M submitted defence at the death!

AQ to be returned by 4th December.

 

Elsinore

[leamarie]

Hi Elsinore,

 

You have written some fab letters! Just wondering if you would mind if I pinched the one dated 8th November? I am at the stage where the bank have asked for one month to settle which will be up around the end of November. Have already sent one of Gary H's brilliant letters to say 'So you want to settle, so settle.' Have court date set for 23rd Feb but want to keep the ball rolling. Your letter sounds like it could be a perfect chase up letter.

 

Leamarie

[elsinore]

You're welcome to use anything I write Leamarie. There's no copyright on here!!

 

Good luck with your claim, you're nearly there.

 

Elsinore

[leamarie]

Thank you, I appreciate it

[kfdh1962]

Documents received from court this morning.

True to form SC&M submitted defence at the death!

AQ to be returned by 4th December.

 

Elsinore

 

Hi Els,

guarantee they wont return it until the 3rd dec, and they will indicate yes on the first question, requesting no furher action for one month. seems to be ther standard tactics now, draging everything on as long as poss.

Surely sooner or later the courts will wise up to these thinly veiled attempts to delay everything?

 

keep the pressure on Els, it will be worth it in the end.

[elsinore]

Yes, thanks kfdh, the LTSB gang have been gradually turning the screw for a while now and methinks their thumbs might be hurting a bit!

 

Elsinore

[Andy Ross]

I got a copy of Lloyds AQ yesterday, they ticked No in section A, not asking for a stay for amonth but they have indicated in section F that they will not be able to attend court in November or December. It seems they are giving up the charade of a months stay for negotiations and just blatently delaying instead.

[myactiontime]

Hello everyone,

 

Sorry ite been a while, ams still pretty useless at posting. I a date in January to appear at Croydon County Court. I have telephoned SMC and I was told they are awaiting instructions from Lloyds. I am so scared. I've had a look at the Court Bundle and am totally lost already. not good with legal stuffs at all.

[kfdh1962]

On mine they indicated yes to delay any further action for one month, and also said they were not available for all of october.

SC&M are probably that snowed under now with all the claims that they are losing the plot. LOL! getting lost in their own tall tales!! ar~*s and elbows springs to mind

[elsinore]

AQ (N149) being submitted tomorrow 4th December, the last day for submission (two can play at that game!).

 

I added the following to Section G:-

 

1. I respectfully request that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceeds their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

2. In many similar recent claims the banks (and in particular the Defendant, Lloyds TSB Bank plc) have, at Allocation Questionnaire stage, requested that action be postponed for one month to negotiate settlement.

 

In the last three months I have repeatedly asked the defendant to enter into dialogue to come to a settlement. All requests have been either rebutted or ignored.

 

I respectfully request that, should the Defendant ask for such a postponement, their request be denied.

 

Elsinore

[kfdh1962]

Hi Elsinore,

i included something similar on my AQ. I had a letter from the courst last week granting a stay until 19th December (although 5 weeks + had already passed since the AQ date!, AQ went back 10th october)

Anyway, received a conditional offer from SC&M last week, accepted offer rejected condtions..so still waiting

 

so keep at it, your nearly there now...the end is in sight

 

kevin

[elsinore]

Thanks Kevin, I'm pleased that you're just about to be rewarded. I hope it won't be too long for me too.

 

If there is a pattern to anything SCM/LTSB do, it's that they wait to see if a claimant lodges an AQ and they then concede, convinced of the inevitable.

 

Elsinore

[elsinore]

I telephoned the Court today to check progress. Case has been with judge since 14th December (along with lots of others, clerk said!).

 

I asked if I could submit an additional document to be added to my AQ. The clerk confirmed that was OK providing I sent a copy of the additional document to SC&M.

 

So I nipped down to the Court with a Draft Order for Directions, as recommended by Bankfodder here http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

together with a covering letter, respectfully suggesting that it be considered by the Court instead of my request for Standard disclosure. Copy sent to SC&M.

 

It may be too late, but it was worth the effort and I was going to the Court anyway with some ammo for my Citi claim!

 

Elsinore

[elsinore]

Popped into the Court office yesterday with an AQ for my Citi claim. I asked the office manager if he could check the progress of this LTSB claim. He quickly found the file and advised me that the Judge had ordered a 10 minute preliminary hearing. When I asked for the date the manager said it was waiting in the pipeline to be allocated a slot.

"Along with a few others,I daresay?"

"Two hundred, actually!"

 

Ho hum!

 

Elsinore

[elsinore]

Received from Court today:-

 

Upon consideration of the Court file

 

IT IS ORDERED THAT

 

1. The claim be allocated to the small claims track, to be heard on Wednesday 18th April 2007 at 10.00am at my local court, estimated length of hearing 2 hours.

2. The claim shall be listed for a preliminary hearing on Friday 23rd February 2007 at 12.40pm - estimated length of hearing 10 minutes. At the hearing the judge will consider how the claim shall be conducted.

The preliminary hearing is required because the court wishes to assess and limit the amount of disclosure that may be required to determine the issues.

3. No witnesses to prelim.

4. If the claimant fails to attend without proper explanation the court may strike out the claim.

5. If the defendant fails to attend without proper explanation the defence may be struck out and judgment entered in favour of the claimant.

6. Parties have right to apply for setaside, variation or stay.

 

Hopefully I can look forward to an offer of settlement any time between now and 23rd February.

 

Elsinore

[Mindzai]

Sounds good, I expect you'll hear from them on the evening of the 22nd!

[Bean]

I agree, well done Elsinore, it surely can't be long now.

[elsinore]

Thanks guys. After six months or so, what's another month?

 

Elsinore

[lucid]

Yes exactly. It's much better to remain patient and let them come to you, than to be causing yourself stress by constantly chasing them and getting nothing but fob offs.

 

I take it you don't need to spend hours preparing the court bundle then as it's a preliminary hearing. You must be pretty relieved at that.

 

Lucid