mjanet v lloyds :** WON ** UNCONDITIONALLY

[Bilgeman]

What a brilliant read. Interplanetary exploration must be alive and well. Not only have you managed to land on the one bankers and solicitors inhabit and infiltrate their society but you appear to have grasped the basics of their alien language as well.

 

There are some little gems on the way.

 

For example:-

 

‘we therefore do not understand the relevance of your second paragraph’

 

Perhaps you might be well advised to consider a career in something other than being solicitors, then

 

 

 

‘We should be grateful if you would contact the Court to confirm that the case has been settled as soon as possible’

 

It’s been said before but did you tell them you’d be charging them 35 quid for doing so before adding ‘only joking….or am I?’ Also it’s noticeable that they say ‘should be grateful’ Of course they should, but they won’t…

 

 

 

‘This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service’

 

Oh, may I really. How very very nice of you. Thank you so much…

 

 

 

The work you’ve done and the stoic way in which you have thwarted them at every turn is an inspiration to everyone… a reminder that these people have no authority over any of us and that we are, when all’s said and done, ‘the customer’. Which other business would last five minutes if it treated customers and clients with such off-handed contempt?

 

 

Thanks for the boost and good luck……

[jadest]

 

 

 

The work you’ve done and the stoic way in which you have thwarted them at every turn is an inspiration to everyone… a reminder that these people have no authority over any of us and that we are, when all’s said and done, ‘the customer’. Which other business would last five minutes if it treated customers and clients with such off-handed contempt?

 

 

 

This is very true! you have been an inspiration

[JonCris]

Unfortunately or do I mean fortunately for us the money lenders have got away with their unlawful conduct & we the consumer have let them get away with because of ignorance. As a result they have never found to need but to employ on their behalf unqualified staff who frankly ain't amongst the sharpest tools in the box.

Therefore when confronted by a consumer who is not prepared to be bullied they really can't cope (cos they ain't trained to). The money lenders in their desire to save money at all costs are now paying the price for employing the underqualified to do their bidding.

Ain't it great!

[pugsley]

what a great inspiration, what a lady!!!!WELL DONE

[jimmy mumu]

fantastic result, posts like this inpire us to get back what is rightfully ours. well done

[funkyparott]

Without prejudice means it can't be produced in court ,when in fact if you do end up in court you would want to be able to produce your letters

 

Thats not quite correct. Many people, including solicitors try to hide all communications under this heading.

 

See the thread elsewhere on this forum.

 

The letters can be produced after the case is decided in order to help the judge establish the matter of costs.

 

Without going into the full reasons. Just because you title a letter 'without prejudice' does not mean that it can't be shown in court; you do however need to know absolutely what you are doing.

 

FP

Post number 139 ( below ) answers this , Janet

[adam999]

well done!!!!!!! have sent off first letter to lloyds and they replied with standard letter they have 2 days left before lba is sent. also first letter was sent to my branch and their customer service replied, do you think i should send lba letter to branch?

[reload]

Up to you adam999. Your best bet however is to reply to the Customer Service letter, IE: the address on the top of their first refusal.

 

Also, you may want to consider posting your own thread where you can log your progress and ask questions - helps keep track of things a bit easier

[Number6]

Thats not quite correct. Many people, including solicitors try to hide all communications under this heading.

 

See the thread elsewhere on this forum.

 

The letters can be produced after the case is decided in order to help the judge establish the matter of costs.

 

Without going into the full reasons. Just because you title a letter 'without prejudice' does not mean that it can't be shown in court; you do however need to know absolutely what you are doing.

 

FP

 

I thought that under the case law as determined in Walker -v- Wilshire, communications marked "without prejudice" cannot be ordered to be disclosed even post-judgement unless both parties to the action wiave their rights to privileged status?

 

AFAIK although, as noted in Unilever v Proctor & Gamble [2000], there are exceptions to the general rule of non-admissibility of "Without Prejudice" documents, there is no general exception of non-admissibility when it comes to the question of costs.

 

I thought that the only way that non-admissibility can be avoided is by using the Calderbank formula (re: Calderbank v Calderbank [1976] ) of negotiating "Without Prejudice Save as to Costs"?

[adam999]

thanks very much,will carry on with LBA letter and post what happens next!!

[paul1401]

i have to say that i was sceptical about the whole idea, heard about this from my mum who told me to give it a go, anyway after reading this thread it has given me the inspiration to go all the way.

[techtalkonline]

This has been the most helpful and confidence boosting topic than ANY of the stickies or FAQ's. This whole topic should be made a "Must Read First" sticky, for anyone who visits these forums to start their own claims. It really is THAT GOOD!!!!

 

I take my hat off to you mjanet, this has been the best half hour of reading i have ever done in my life, by a long, long way. Thank you so much.

 

Greatest respects,

Colin.

[weej]

absolutely right. I will be saving this one. Janet, you're a star!

[fuzz62]

Sorry to bring up a dead post but i only signed up on friday (after hearing martin lewis on radio 2) **25 and listening to radio 2 on a friday ... whats that about???** but i think this is a good read and made me laugh, i have no knowledge of law but i now know i aint excepting any conditions if my case goes to moneyclaim. ... well done and i agree, if your new to this this is a must on How Not To Get Bullied

 

Cheers

Mark

:)

[webbscatering]

Hi MJanet, this refers to my business account, Im getting slightly confused to which i should be claiming back as there is a "Bus Focus Fee" and a "Service Charge" can i cliam back on both or just one of them, look forward to any reply, cheers Kev

[hopingtogetrich]

I've just started my claims to Capital One, Barclay Card and Northern Bank. Your case gives me confidence to see them through if there are problems. Will keep you posted.

[hopingtogetrich]

I've just started my claims to Capital One, Barclay Card and Northern Bank. Your case gives me confidence to see them through if there are problems. Will keep you posted.

[cococat]

I am soooooooo jealous! Have followed both yours and Sue Hitchcocks cases closely and am really impressed and inspired by your calmness and the way you took them on. I've got a court date - 12th Jan - and have had no further correspondence from the Boys in Brighton since the AQs went in. Am now accepting that, in my case, they are going all the way - they have even declared that they are bringing an expert witness against me....? They owe me just shy of £1800 so I assume it is worth their while to push all the way.

 

Congratulations though!! It must be a huge relief, just a couple more months and hopefully, I can be as happy as you are now!

 

Cococat

[un1boy]

I am soooooooo jealous! Have followed both yours and Sue Hitchcocks cases closely and am really impressed and inspired by your calmness and the way you took them on. I've got a court date - 12th Jan - and have had no further correspondence from the Boys in Brighton since the AQs went in. Am now accepting that, in my case, they are going all the way - they have even declared that they are bringing an expert witness against me....? They owe me just shy of £1800 so I assume it is worth their while to push all the way.

 

Congratulations though!! It must be a huge relief, just a couple more months and hopefully, I can be as happy as you are now!

 

Cococat

 

Cococat, I am in exactly the same situ as you!

[mburns120]

This is my first post on here, and boy, what a site!! I am just starting action against Lloyds as well and this thread has given me so much insight as what to expect from these people!

 

Congrats Janet on your successful outcome!!

[northland]

Hi Mjanet

 

I started my claim against Lloyds TSB in the middle of August and now I am just waiting for a court date. I received a copy of Lloyd's allocation questionaire from their solicitors. It states that they want a further month's grace and in addition they are not able to go to court throughout the month of December.

 

Their defence is woeful and goes on and on about me accepting their terms and conditions when I opened the account. However one point that throws me is the fact they state that they will call an expert witness. I have never come across this before when looking at other peoples allocation questionaires.

 

The claim is for over four grand and with the interest added it is just under the five grand.

 

I reside in Scotland but I filed in Willesden County Court in London because of the £5000 smjall claim's limit in England. I looked into legal precedent in relation to jurisdiction before I filed. Lloyds defence makes no mention about challenging jurisdiction so does this mean that they cannot introduce in court. If anyone has come across the expert witness thing before I would like to hear from them.

 

Tony

[un1boy]

Hi Mjanet

 

I started my claim against Lloyds TSB in the middle of August and now I am just waiting for a court date. I received a copy of Lloyd's allocation questionaire from their solicitors. It states that they want a further month's grace and in addition they are not able to go to court throughout the month of December.

 

Their defence is woeful and goes on and on about me accepting their terms and conditions when I opened the account. However one point that throws me is the fact they state that they will call an expert witness. I have never come across this before when looking at other peoples allocation questionaires.

 

The claim is for over four grand and with the interest added it is just under the five grand.

 

I reside in Scotland but I filed in Willesden County Court in London because of the £5000 smjall claim's limit in England. I looked into legal precedent in relation to jurisdiction before I filed. Lloyds defence makes no mention about challenging jurisdiction so does this mean that they cannot introduce in court. If anyone has come across the expert witness thing before I would like to hear from them.

 

Tony

 

hiya Tony, I have had them say they are calling and expert witness and that htye cannot attend court through november for the same reasons; from the other claims i have been reading recently, they ahd done the same to most people recently.

[elsinore]

Yes, un1boy's right, northland, it's LTSB's standard defence (at the moment!). I have one just the same. Nothing to stop you complaining about their request for a postponement when you submit your AQ.

 

As LTSB have so far not entered a courtroom to defend their position, I suspect that their expert witness is none other than Jacob Marley.

 

Elsinore

[un1boy]

Oh, hope this helps, but I was allocated a court date a while ago and I called SCM yesterday after 2 followup letters to ask when they are going to contact as mentioned in the AQ to arrange settlement. They told me that a settlement offer will be sent to me this week.

 

I'm going to call thme today to double-check when it is going to be sent.

[northland]

Hi un1Boy & Elsinore

 

Thank you for this information and good luck to everyone.

 

Tony