Jadest v's lloyds

[jadest]

Hi Sorry I have not been on line lots to tell... I have sent letter Kevin kindly told me about... Thank you Kevin.

They have not called since. thank goodness

I got order from court for small claims court on the 25th January 2007 I called the court to ask why such a long wait. They said tit was because the jugde in Chesterfield wanted all bank claims on the same date and because he wanted that date to be after the Houses of Commons had met to make a ruling on it. Any-one know what that is about? Is there a chance we might not get our charges back?

SC&M have said that Lloyds usually settle in order off the court dates.

[jadest]

A moderator thinks that the woman at Chesterfield court confused Houses of Commons with OFT any-way any one know any way I could get Lloyds/SC&M to enter negotiations before January. I have tried calling them they fob me of. I write to them they ignore the letters.... Any ideas?

Jules x

[jadest]

I have already sent the following letter to SC&M to try to get them to negotiate a settlement; does any-one have a idea for the next letter I could send them, as they ignored the one below....

Dear Sir/Madam,

 

Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on xx/xx/xx.

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one-month postponement in proceedings in order that a settlement may be reached by way of negotiation.

 

Please note that throughout the process of this claim, neither yourselves nor your client have ever given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, in my previous attempts at dialogue with your client has been met with outright refusals to negotiate this matter, and on xx/xx/xx/, I received a letter from Lloyds TSB’s service recovery centre which explicitly stated that the bank had issued its ‘final response’ and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

 

Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a court hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your client’s charges could indeed be proved to be unlawful penalties, which you are trying to cloak as contractual service charges. For this reason, I will only settle for the amount of the claim, namely £xxxxx(which includes interest to date and add on 8% interest per day until the I receive the money)

 

In light of your indication of your intention to negotiate, I will await your communication informing me of how you wish to proceed.

 

Yours Sincerely

 

 

 

 

[elsinore]

Very good letter, Jadest, puts you on the moral high ground. (Not that LTSB know aything about morals!).

Send a copy of that letter to the court to be added to your file and make sure you let SCM know that you have done so!

 

Elsinore

[cathrionas]

Great letter.

C

[jadest]

Hi elsinore and cat,

sent copy to court to be added to file and letter to SC&M telling them that I have done this... hope this pprovokes a reply.

Jules x

[freebird]

Jules see my thread I'm about to send out 2nd letter after endless phone calls to no avail......( our court suggested I send this to the Court Manager, to be heard by the district judge) and copy in the other twits..........

 

it's off this link..but I've changed it slightly......

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

[jadest]

Quote:

Originally Posted by

freebird

yes Sue I'd log every phone call, letter and fax........these judges have got to know that we're going through bloody hoops to settle and talking to the wall most of the time, maybe then they won't be as hasty in granting so many soddin stays !

 

 

I agree with freebird we have to make the judges see that they are just delaying the inevitable by staying court dates. We also have to try to make them see they are playing into the banks delaying tactics. and that the victims of there unfair charges are suffering whilest being made to wait. I am £200 overdrawn which are charges took out this month they have called me 8 times in 2 weeks since these charges went out. I have sent them the harrassment letter of this site and they still called me today to say they all taking me to court for the charges that made me overdrawn... hilllariuos to say the charge are illegal in the first place... I told them being it on... maybe the court will make them pay what they owe me earluier plus they owe me £4,800 to press not including that £200 they are now saying I owe them and the charges they are adding on dailly because I am overdrwn.

 

JulesX

__________________

[jadest]

I have just spent 4 hour preparing evidence bungle for Judge and SC&M Hope I have everything there was 73 pages.... do I need to send soundfile. It only plays on my computer.?

Jlues x

[jadest]

I got a letter this morning from SC&M saying that I have 7 days to pay back the money owed on my accout or Lloyds will start court proceedings against me... I am just waiting for a cheque to clear in another account and then I will pay it of. I have expained this to them. I just can't get over ther cheek of them. I owe them £200 and they want to start court proceeding but they are not prepared to discuss setting with me the £4,800 they took me in illegal charges. I have just about had enough of there crap.

Jules x

[jadest]

I got a letter this morning from SC&M saying that I have 7 days to pay back the money owed on my accout or Lloyds will start court proceedings against me... I am just waiting for a cheque to clear in another account and then I will pay it of. I have expained this to them. I just can't get over ther cheek of them. I owe them £200 and they want to start court proceeding but they are not prepared to discuss settling with me the £4,800 they took me in illegal charges. I have just about had enough of there crap.

 

Jules x

 

Any-one know what I can do about this... I am really worried

 

[freebird]

Jules, is this an overdraft they're talking about

I have 7 days to pay back the money owed on my accout

or a loan.....?

I don't know if the mods acan help more, but I'd be tempted to write and say that it's as a result of their charges that you are in this financial situation now !

There's a thread somewhere re banks counter suing ! I'm not sure where it is but the mods might be able to bring it up !

[cathrionas]

Hi Jules,

Have you put your information in a letter to them (about needing a little time to pay them and the details). If not, do and get it to them quickly - maybe fax. Keep a copy. I cant see how they will have much of a case if you can show you tried to conduct proceedings reasonably.

Best wishes,

Cat

[sincil]

They are being very unreasonable. I have recently been in similar position and contacted Pay Plan. Here you can arrange to pay a mininal amount (£1 a month) to creditors for a period of time until you can pay as normal. As long as you pay something they wont go to court.

Dont know if this is relevant to your situation.

Hope it helps,

Sincil.

[mb7533]

hey jadest,

 

Just got my court date through at last.21st February 2007! Makes your case look positively peachy!

 

Guess I'll get my evidence together and sit back and relax for a few months then.

 

Matt

[jadest]

I have sent lloyds 2 letters explaining that I will pay the overdraft of when I receive a cheque that I am waiting for from another source, and they would get the money as soon as that cheque had come to me.... I even sent a copy of the letter expaining that I would be getting theat money... and they still sent the letter from there sols threatening court action.

I have sent the copy of my evidence to the court and to SC&M recorded delivery. How long do they have now to send there full defence, is it 14days before court case?

Jules

[rjhsteel]

Should get some reply soon. Judge was looking at my case today.

 

When did lloyds tell you to pay back the overdraft???

[GaryH]

Hi Jadest,

 

You may find this usful. I wrote it for Sweetpants a while ago, and beleive it or not they wrote back a week later withdrawing the notice to close, plus, they even apologised. I can still hardly beleive it myself actually, it just does'nt sound like the Lloyds we know and love does it!? Anyway, I'm not saying it'll definately have the same effect, but its worth a try.

 

 

 

 

 

(YOUR ADDRESS)

 

 

 

 

 

 

 

(THEIR ADDRESS)

 

 

(DATE)

 

 

Dear Sir/Madam,

 

I acknowledge your recent letter dated (**/**/**) in which you informed me of your intention to terminate my account agreement on September 11th 2006.

 

I write to inform you that I believe this decision is unfair and unjust, and to ask you to reconsider your position.

 

On (**/**/**), I wrote to your customer care department to inform them that I had became aware that the penalty charges levied to my account were unlawful, and requested their repayment. As such, the account and balance thereof is now the subject of a dispute. Your letter informing me of the termination of my account agreement was received on (**/**/**). Therefore, it is perfectly reasonable to infer that this is a retaliatory action taken as a direct result of my request for the refund of the unlawfully taken charges. This view is supported by the fact that I am aware of many other customers of Lloyds TSB who on complaining of these charges have been faced with the same situation of account closure.

 

I would draw your attention to the Financial Services Authority’s statement of the 6th July 2006, in which it announced that it considered such retaliatory action to be discriminatory and that it was referring the matter of such closures to the Banking Code’s standards committee. Following on from this, I also believe that the termination of my account agreement in the manor in which it has been proposed would constitute a breach of the terms of the Banking Code. I refer to;

 

Section 13 paragraph 6, which states that an account which is in dispute may not be passed to any credit reference agencies;

 

Section 7 paragraph 5, which states that unless there are exceptional circumstances, ie, threatening or abusive behaviour towards staff, an account will not be closed unless at least 30 days notice is given;

 

Section 14 paragraph 1 and 2, which states that any financial difficulties will be dealt with positively and sympathetically, and any action will be precluded by a period of discussion and the formation of a plan to help deal with those difficulties.

 

Aside from this, (optional short paragraph about personal circumstances, what effect the closure would have, etc………..)

 

I light of the above and because the account is in dispute, I would respectfully ask that Lloyds TSB reconsiders its position with regards to the proposed closure of my account, until such time as the dispute in question reaches its resolution. I feel that a reputable and upstanding organisation such as yours with a fiduciary duty to its customers should be above such retaliatory action, and I am writing in the hope that this matter can reach an amicable solution.

 

However, an account closure in circumstances such as this is tantamount to a sanction for pursueing my ligitimate right of seeking a judgement from a court, and if you decide that the termination will stand, I wish to make absolutely clear that I intend to contest your decision by all means availible at my disposal. Action will include official complaints to the Financial Services Authority and the Banking Code Standards Committee, and I am currently taking advice with regards to the possibility of seeking an injunction to prevent the termination of my account agreement. Additionally, I will also petition my Member of Parliament and contact local and national media outlets.

 

Please respond at your earliest possible convenience to advise how you intend to proceed.

 

 

Yours faithfully,

 

 

 

 

 

(YOU)

[pbeales1]

Hi Jadest.

 

When Is your court date?

I amended my claim with n244 form 3 weeks ago.

I have a court date set for Nov 20th to discuss my amendment with judge.

The letter states this will take approx 15mins.

Do you are anyone think that i will get to this stage before they may settle.

I am Looking forward to the challenge.

 

Many Thanks Phil.B

[GaryH]

pbeales1,

 

I'll post an answer to your question on your thread.

[jadest]

Hi Jadest,

 

You may find this usful. I wrote it for Sweetpants a while ago, and beleive it or not they wrote back a week later withdrawing the notice to close, plus, they even apologised. I can still hardly beleive it myself actually, it just does'nt sound like the Lloyds we know and love

does it!? Anyway, I'm not saying it'll definately have the same effect, but its worth a try.

 

Hi Gary thanks for letter I have sent it and they wrote back to say they are investigating my complaint and will contact me with in 28 days to explain there findings.. At least that give me a break from there constant badgering to pay the overdraft back.

Jules x

 

[jadest]

Hi every-one, hope you are all well,

I am a little concerned because when I sent my evidence bungle to the Court I did not include the contract from when I opened my account with LloydsTSB. Will this go against me?... I can't find it any-way. Will I need it?...

Jules x

[cathrionas]

Hi Jules, I don't know the answer but I dont have one either. Can anyone advise please? Cat

[jadest]

Hi every-one, I called SC&M on Thursday last week, I asked them when they would be sending me there defence bundle and asked them if they had recieved my evidence bundle. They told me they would not be sending the bungle as there clients had instructed them to set out an offer for me... they said they would send it next week, so I said i would look forward to receiving it next week, she then said that I would probably not get it till the week after because of the post, I replied by saying "Oh does it take that long, what post service are you using, donkey express". I cannot beleive that they really think that I would swallow that it takes a week for the post to come for Brighton to Chesterfield.... They only have 15 days to either make a full unconditional offer or to the court... This is because the judge order that they send there copies 28 days after mine or they would be struck out it is already 15 days since mine were sent. 13 days since they recieved it. So if they don't make the offer, or send there evidence pack they will have no choice but to pay up any-way.

[jadest]

Hi all, guess what?

Yes I came home the other day to an offer for full ammount with 6 conditions. I have told the sols that I accept the offer, but not the conditions. I have also told them I will be making a further claim.

At least negotiations have started.

Jules x