Me v Lloyds TSB (They Seem Confident) ***WON***

[tim2718281]

Thanks for your input Closey and Tracie, I think I will pursue the full refund. Any idea of when barclaycard give up and refund the lot?

 

Anyways, a quick update with regards to my Lloyds case, I still havent heard anything from the court, getting a bit frustrating now. Will call them on friday to see whats happening.

 

Mat

 

You might point out to Barclays that they have misunderstood the OFT's ruling relating to credit card penalties: the OFT does not recommend a £12 fee.

 

Tim

[Rbphot]

Also have a look in the main forums at the latest OFT statement about the new investigation into the banks, Notes 2/3/4, it states that a judges might see it as unlawfull if they automatically charged the threshold amount of £12.

[mat02920]

Hey! Thankyou for your recommendations...Ive tweeked the offer refusal letter to take on board these points:

 

"Dear Barry,

 

Thank you for your letter dated 06/09/06.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £200.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

May I also clarify, as you appear to have misunderstood the OFTs recommendations; the OFT does not ‘recommend a £12 fee’, they recommend £12 as the Maximum amount that a financial institution should be allowed to charge a customer.

“The OFT is not proposing that default fees should be equivalent to the threshold (£12)” (Current credit card default charges unfair)

Therefore your offer to credit my account the difference between the “charges I have icurred” and the “£12 fee recommended by the OFT” is not acceptable.

 

My letter sent previously indicates that you have until 28/09/06 to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position."

Does everyone think this is ok to send? Feel free to suggest ideas.

Cheers, Mat

 

 

 

[mat02920]

Have received a date for my 'hearing' with Lloyds...MARCH 2007!! Thats 9 months from when I started this whole thing? Is this normal?

 

Surely the bank must have bribed the court into making it such a long wait thinking I will forget or not bother?!

[BARTY]

Hi Mat

I think the courts are that busy and overwhelmed at the moment with all these bank charges claims, hence the March court date.

Mine took about seven months for them to settle.

Just think of all the interest you will be getting while you're waiting!

Good luck!

Barty:)

[GaryH]

Have you had directions to submit evidance?

[mat02920]

Hi Gary & Barty,

 

Thanks for your replies! Ive only glanced at the letter so far, been so busy at work & moving house that I havent been concentrating on this. Will start looking into it after christmas I think.

 

Any advice with regards to this? Will they actually attend the hearing?

 

Thanks, Mat

[GaryH]

You can never say never, but Lloyds have not actually defended a single claim in court yet and there is certainly no indication that they will start to anytime soon. Why? Becouse they'd lose!

 

Please have a look at your letter straight away. It will contain directions to submit your evidance and give you a date by which this must be done. Miss the date and your claim could be struck out.

 

As far as evidance goes -

 

You need everything from the court bundle in the templates, all correspondance between you and Lloyds, your statements or account information, a schedule, the McNamara interview (templates - soundfiles) and edit this to suit your claim and add it to your bundle too - GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!. Plus anything else you can think of that could help your case.

 

You need 3 copies of everything. File one at the court, serve one to Lloyds sols and keep one for yourself (this should include the originals).

 

Get this all off and then ring SC&M and ask where their documents are. They should then say that the settlement is in the post.

[mat02920]

Thanks for the advice , will get onto it this weekend.

 

Mat

[mat02920]

Hi guys, Thanks for all your advice. Am looking into the evidence thing and have downloaded the court bundle, does anyone have any general advice with regards to this or know of any recent media/OFT statements that may be useful.

 

Thanks, Mat

[Philip Hindley]

Hi Mat,

 

My claim against Lloyds is at Preston County Court too, and my date is 29th March http://www.consumeractiongroup.co.uk/forum/lloyds-bank/459-turning-worm.html

 

Some members have made the observation that claims seem to be settled in the date order of court appearance, i.e. the more imminent the court date the earlier the settlement.

 

That being a reasonable assumption, our chances of an early settlement, one would have thought, were negligible.

 

However, SC&M, Lloyds solicitors, made me a partial offer before Christmas, which I declined.

 

They have written to me, this morning, (haven't updated my thread yet!) to say that the partial payment has been credited to my account.

 

Their reason for not paying the full amount is that some of the charges I am claiming back pre-date the six years imposed by the Statute of Limitations, prior to my issuing my claim on 20th July.

 

Since I first wrote to Lloyds in February, last year, I requested repayment of charges from February 2000. The charges for this period, Feb 2000 - July 2000 are the ones they have eliminated.

 

I shall be writing to them, once again, to accept the offer as a partial payment only. Just need to scout around the site to find information about claiming beyond the six years of the S of L.

 

The point I wanted to make to you is that, as many people have observed, Lloyds DO NOT want to go to court.

 

They may well try to fob you off and delay things as long as they can, but, in the end, you will win.

 

Given my scenario (a court date at the end of March), I wouldn't be surprized if you received an offer soon.

 

regards

[mat02920]

Hi Phil,

 

Thanks for your reply. So they offered you a partial refund without you having to contact them? Had you sent your evidence to them or the court?

 

Mat

[Janet-M]

If you read some of the long successful Lyoyds claim that have already been won it will give you an idea of their tactics and at what stages they settled .It will also give you a confidence booster if you need one

 

If you read my thread ( link in my sig) it will show you how confident they appear to be and how much they caved in.. 5 times

 

You are doing right though in preparing your court documents.

[Philip Hindley]

Hi Phil,

 

Thanks for your reply. So they offered you a partial refund without you having to contact them? Had you sent your evidence to them or the court?

 

Mat

 

Sorry I haven't replied before, Mat. Still trying to work out my response to Lloyd's partial payment.

 

In my case, I haven't, as yet, submitted my documents either to the court, or to SC&M.

 

Having returned my Allocation Questionnaire, and, after some weeks, been given a court date, I wrote to the court, copied to SC&M, asking them to consider making an order to bring forward the date for the exchange of documents.

 

This seems to have prompted the solicitors to make their initial offer, at the beginning of December.

 

The letter I sent is in my thread, http://www.consumeractiongroup.co.uk/forum/lloyds-bank/459-turning-worm.html, and I see no reason why you shouldn't send something similar.

 

The thought of sending in documents and providing evidence that their charges are legitimate does seem to panic them into making a settlement.

 

You won't go wrong if you check out mjanet's thread, and follow her advice.

 

She has been there, done it, read the book, seen the film and got several of the T-shirts.

 

Good luck,

[mat02920]

Philip,

 

Your post/thread has been very useful thank you. Will right to the court and SC&M asap as you suggested and will use your letters as a template if thats ok .

 

Lets hope it brings forth an early settlement....March seems so far off! As for sending letters to Preston CC, Ive done that once already but with no reply, they must be busy!

 

Thank you,

 

Mat

[mat02920]

Oh and while im online, can you add on additional charges that the bank have added since starting the case? And with regards to the interest on the balance, the bank/solicitors are unlikely to work that out themselves so is that down to me?

 

Mat

[GaryH]

No, not without a formal amendment. That costs £35 which you won't get back, plus you could be called to a hearing to approve it, so unless its a lot extra its not worth the hassle. Wait untill this claims finished and then start again.

 

Check the daily rate is included in the settlement if/when you get it. To be fair to them they do usually include it. If not, insist that they do.

[mat02920]

Ok, cheers Gary.

 

Does anybody know where I can get a list of current cases and concluded cases that are easy to cut and paste; for the purpose of a letter to the court as suggested by Philip earlier.

 

The litigation section doesnt appear to cater for this?

 

Mat

[mat02920]

Anyone?

[GaryH]

PM Mcuth. I'm sure he won't mind. I know he put a list together at some stage, but I can't find it.

[Philip Hindley]

Ok, cheers Gary.

 

Does anybody know where I can get a list of current cases and concluded cases that are easy to cut and paste; for the purpose of a letter to the court as suggested by Philip earlier.

 

The litigation section doesnt appear to cater for this?

 

Mat

 

Lists of settled cases pm'd to you, as requested.

 

cheers

[Beci101]

Hi

 

My case was brought before a judge at the end of Dec and I am still waiting to hear what the outcome was. Anyone got any idea how long this can take and whether I should contact the court myself?

[mat02920]

Thanks for the list Phil, Very Helpful.

 

Beci, when you say it went before the judge what do you mean? Do you mean you had a hearing or do you mean that your claim has been allocated to the small claims track by the judge?

 

If the latter, I received my letter telling me my case has been allocated to the small claims track in November, then shortly after another telling me my hearing is at the end of March! Bit of a wait.

 

Mat

[mat02920]

Hey!

Im preparing to send my evidence bundle this week, can anyone tell me where to find the 'OFT Statement Summary' please?

 

Mat

[GuidoT]

I just noticed that the link in the court bundle is dead, but this is the summary.

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf

 

This is a useful consolidated link relating to court bundle prep:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html