Jump to content


  • Tweets

  • Posts

    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Jadest v's lloyds


jadest
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6359 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Think yourself lucky - my LTSB case is stayed untill March next year!! Doing my best to get it lifted though.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

  • Replies 155
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Unfortunately its been stayed (suspended) by the court pending the outcome of the test cases that are due to be heard in the Mercentile court. The idea is that a test case will set a precidant for all the other simular bank charges cases - in other words it'll sort the issue out once and for all. The courts are being completely clogged up with all the bank charges cases lately so you can see why they're doing it, but unfortunately there is very little chance of the banks actually showing up - they will more than likely settle before the trial can take place, as they always do. Even more so becouse the test cases will be in the multi-track and they would have to disclose sensitive information about their charging systems. How they're allowed to abuse the court system like this I'll never know.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Hiyall,

If a case gets resolved through the mercantile court, ending up in decision say, similar to the credit card situation where the recommendation was for a max charge of £12, would that mean that we would all be limited to claiming back each of the charges minus that amount? I hope my question makes sense...

Bye for now,

Cat

29 March 2006 Data Protection Act Request sent for ac 1 (then she got a bit distracted but got another charge so...)

27 May Prelim letter sent for ac 1

27 May Data Protection Act Request sent for ac 2 & 3

21 June Prelim Letter sent for 2 & 3

14 July LBA sent with schedule for ac 1 & 2 & 3

7 August MCO filed – defence expected 10 September

11 September defence filed - signed Sean Copping

12 September AQ form received

18th September AQ sent back to Lambeth Court and copy sent to solicitors both recorded delivery

13th Feb 2007 Court Date Set

15th Feb Reclaimed Money is in my bank Account

 

Cat's opinions are those of a nurse and most definitely, definitely not those of an accountant or solicitor, although she was always quite good at sums and elocution.

Link to post
Share on other sites

no, iv read this before somewhere.....its to do with them originally charging £30 plus pounds in the first place , and not being able to justify ANY of it, therefore you can legally claim it ALL back. the new charges i think are now classed as "fair" and therefore dont have to be justified.

it was something like that anyway.

on and on it goes!!!........:???:

Link to post
Share on other sites

Hi Cat,

 

No, I doubt it. That was the OFT ruling and it was a bit of a fudge. They still said that £12 was likely to be unlawful. If the case was ever heard (v. unlikely IMHO) and the banks lost, they would only then be able to charge a genuine pre-estimate of their actual loss, ie, however much it costs for the postage of a letter and maybe a proportionate allowance for the maintainance of their computor systems. I would say they're actual costs could be no more than £2.50.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Hi Jadest,

 

Thats good news with the phone call. Hope they keep to their word now!

 

I'm at a similar point in that got my AQ in on Monday and received a copy from SCM today.

 

On their AQ did they put they intended to call any witnesses? On the one I received they have put '1' but it seems strange for them to put that if they plan to negotiate?

 

Matt

11/07/2006 - First request sent

21/07/2006 - Standard 'sod off' reply from Lloyds TSB

25/07/2006 - Letter before action sent

01/08/2006 - Second standard 'sod off' reply from Lloyds TSB

03/08/2006 - Claim started through moneyclaim for sum of £1756.26

04/08/2006 - Claim issued by moneyclaim

09/08/2006 - Claim served by moneyclaim

06/09/2006 - Defence entered

25/09/2006 - AQ returned (no Lloyds AQ yet)

Link to post
Share on other sites

On their AQ did they put they intended to call any witnesses? On the one I received they have put '1' but it seems strange for them to put that if they plan to negotiate?

 

Probably scare tectics, designed to make you go weak at the knees and faint at the prospect of facing a WITNESS:eek: in court!

 

Why not ask them for the name of the witness, profession, employer and area of speciality?:D

 

Elsinore

Link to post
Share on other sites

Yeah, they put that on every A/Q. I wonder if its the same witness:confused:!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Yes mine said one witness too... I think it has to scare tactics but I will contact them again, on Monday, to ask who the witness is, profession etc.

When they tell me I will post it on here!:)

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

Link to post
Share on other sites

Hi all,

I called court today they said that the case has been allicated through small claims track and I will here from them soom re: court date. I then called SC&M and surprise surprise they have still not had any intructions from LloydsTSB. I guess I will here nothing till I get court date or until court date is approaching.

this prossess is so long and drawn out... and in the mean time lloyds are calling me every day for the £200 that I am overdrwn due to the charges they took out this month.

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

Link to post
Share on other sites

Has any-one who had to return there allication questionnaire around the 20th Sept had a court date or heard from SC&M about a settlement? I am so fed up of there delaying techneques surely the court should be able to do something about this. Can any-one suggest a way to speed Lloyds up?

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

Link to post
Share on other sites

Hi Jadest

 

I know its frustrating, but I don't think there's really much you can do to hurry things up unfortunately. Just sit tight and try to be patient. The good thing is that you have at least got a court date - many cases are being stayed at the moment.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Hold on in there Jadest...can't be long now. I'll keep an eye on how you're doing

Saj x

SEE MY THREAD HERE...http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7358-saj-lloyds-tsb.html

Data Protection Act letter sent recorded delivery 15.5.06

Compliance 1.06.06

PAR letter sent recorded delivery 7.06.06

1st denial received 13/6/06

LBA letter sent recorded delivery 21.06.06 (received 22/6)

Moneyclaim filed 7/7/06, Served 15/7/06

Allocation questionaire returned 28/8/06

Court date 1st December :lol:

SETTLED UNCONDITIONALLY IN FULL 5.10.06

Link to post
Share on other sites

Hi Jadest, Just to let let you know I'm still here but have very very reduced access to computer so I will catch up from time to time.

Cat

29 March 2006 Data Protection Act Request sent for ac 1 (then she got a bit distracted but got another charge so...)

27 May Prelim letter sent for ac 1

27 May Data Protection Act Request sent for ac 2 & 3

21 June Prelim Letter sent for 2 & 3

14 July LBA sent with schedule for ac 1 & 2 & 3

7 August MCO filed – defence expected 10 September

11 September defence filed - signed Sean Copping

12 September AQ form received

18th September AQ sent back to Lambeth Court and copy sent to solicitors both recorded delivery

13th Feb 2007 Court Date Set

15th Feb Reclaimed Money is in my bank Account

 

Cat's opinions are those of a nurse and most definitely, definitely not those of an accountant or solicitor, although she was always quite good at sums and elocution.

Link to post
Share on other sites

Thank you all. I am trying my best to stay patient but Loyds are calling me every day over £197 that they took out is charges this month and has made me over drawn... I moved all my payments to another account as I could not afford the charges and to pay all my bills... so now the overdraft has been sent to the collection department... Honestly they call me every day. I told them as I get paid I will give them there £197 but they still keep harassing me daily. I told them if they had not took illegal charges I would not owe them any-thing, and actually they owe me £4,800 and I am not calling them dailly to harass them... they still carry on calling me... it is so frustrating... Sorry for the whinging.

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

Link to post
Share on other sites

Jadest you poor thing...what a hassle. But..possibly a good thiung they have moved the account to collections. Next time they call you, just state that the account is in dispute and you are not prepared to talk to them about it until the case is settled by court or negotiation. Tell them you will put this in writing and add that you require them to stop hounding you. Keep strong...can't be long now

saj x

SEE MY THREAD HERE...http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7358-saj-lloyds-tsb.html

Data Protection Act letter sent recorded delivery 15.5.06

Compliance 1.06.06

PAR letter sent recorded delivery 7.06.06

1st denial received 13/6/06

LBA letter sent recorded delivery 21.06.06 (received 22/6)

Moneyclaim filed 7/7/06, Served 15/7/06

Allocation questionaire returned 28/8/06

Court date 1st December :lol:

SETTLED UNCONDITIONALLY IN FULL 5.10.06

Link to post
Share on other sites

Jadest you poor thing...what a hassle. But..possibly a good thiung they have moved the account to collections. Next time they call you, just state that the account is in dispute and you are not prepared to talk to them about it until the case is settled by court or negotiation. Tell them you will put this in writing and add that you require them to stop hounding you. Keep strong...can't be long now

saj x

 

I never thought of it that way.... I will do that and then hopefully they will stop hounding me... thank you saj

Jadest x

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

Link to post
Share on other sites

Received a letter from the court:

 

Upon the courts own initiative

 

IT IS ORDERED THAT

 

Claim be Stayed and to be referred to district judge dudley in box work on 23rd October 2006.

 

What does this mean exactly?

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4190 - Rjh v Lloyds Tsb.

Dpa Sent (13/04/06).

Statements Recevied (04/05/06).

Preliminary Letter Sent £775 owed! (12/05/06).

Received Standard Reply from Lloyds. (17/05/06).

Posted LBA (31/05/06).

Received Lloyds "Final Response" Letter (03/06/06).

Filed Claim with Moneyclaim for £775+£192.19 interest. (21/07/06)

Lloyds defend claim (23/08/06)

**Lloyds pay up, at last. £1078 (14/11/06)**

 

Link to post
Share on other sites

Jadest...any news...did you speak to the bank re stopping hassling you?

Saj x

SEE MY THREAD HERE...http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7358-saj-lloyds-tsb.html

Data Protection Act letter sent recorded delivery 15.5.06

Compliance 1.06.06

PAR letter sent recorded delivery 7.06.06

1st denial received 13/6/06

LBA letter sent recorded delivery 21.06.06 (received 22/6)

Moneyclaim filed 7/7/06, Served 15/7/06

Allocation questionaire returned 28/8/06

Court date 1st December :lol:

SETTLED UNCONDITIONALLY IN FULL 5.10.06

Link to post
Share on other sites

jadest, if lloyds are hasseling you by telephone, send them the letter that can be found in the templates section by jonni2bad, titled telephone harrasment,

then next time they call ,tell them that you have made the request in writing that they stop contacting you by phone immediatly,and they are not to call you again, and that if they do they are commiting a criminal offence. and if they want to contact you it is to be in writng only,

  • Confused 1
:mad:LF53
Link to post
Share on other sites

Jadest, how's it going?

Saj x

SEE MY THREAD HERE...http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7358-saj-lloyds-tsb.html

Data Protection Act letter sent recorded delivery 15.5.06

Compliance 1.06.06

PAR letter sent recorded delivery 7.06.06

1st denial received 13/6/06

LBA letter sent recorded delivery 21.06.06 (received 22/6)

Moneyclaim filed 7/7/06, Served 15/7/06

Allocation questionaire returned 28/8/06

Court date 1st December :lol:

SETTLED UNCONDITIONALLY IN FULL 5.10.06

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...