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    • Could you please show the back of the first PCN you received round about 17th January. Was there a WS included or just the PE v Beavis case?
    • Hey have filed a defence at 4pm today the day before I could request a judgement.  I thought it was last Friday but it was infact tomorrow they would have ran out of time 
    • Hello All,   My query is about the Service charge. I am leaseholder of a 3 bed flat in a purpose build block in London (Westminster) our service charge used to reflect the maintenance of the building and overall look and feel. But now not only service charge goes up every year but quality of service like general maintenance gone down. For example lifts keep breaking down, building needs refurb, walls are dirty, my windows are so old that in winter no matter how much heating you put on room still feel cold.    additionally they keep adding major works charges to service charge with this year being £1917 in addition to £1890 service charge. Don’t mind paying only if I see improvement in the block but we have only seen steady decline over many years now. So today I called them (city of Westminster) saying I don’t want to pay and cannot pay so high charges where there’s no evident results.    I came here to find if anyone has been successful in negotiations on regards to service charges complain or any advice regarding this. Charges are too for what we get    Thanks in advance  
    • this is going to be really simplistic, but have they started by talking to senior management now the bad apple has gone?
    • Hi everyone  . . .  Just an update   The CMD was this morning.  It started with cheap  manoeuvrability  by Intrum’s lawyer, but let me give you quick summery background:   The judge issued an order to us to submit evidence supporting our case such as call for witnesses or ask the court to order the original creditor to some action.  We were giving 21 days for the submission.  In my simple calculation without, allowing time to post, the final date was to be 10 March 2021, with post time 2 days later.   On the 10th March, and to be on the safe side, I send to the court the response version giving to me by DX100UK.   Then on 12th March, I send to the court the version giving to me by Andy, asking the court to replace the first document with the second  one.   On 7th of April I send Intrum lawyer the document 2 as it is our official response.   ON the 12th April I send the court the medical certificate for my niece asking to be viewed exclusively by the court.   At the start of the CMD the Judge ask Intrum lawyer to start.  So he started by claiming the following: 1.    We failed to meet the 21 days deadline set by the court. 2.    He received a response on the 7th April which is only a week ago. 3.    He admitted that he has the two version of our submission. He claimed that they were collected by colleague of his from the court’s Clark while he was in court. 4.    He said that this case has taken too long and the defendant just messing them about and keeping changing their plea.   At that time the judge announced that he does not have the two documents in the case file. He only has the medical certificate.  Then he turned to me to ask me for explanation. a)    I said that we met the deadline set by the court and submitted the required response.  Also I explained the issue with two documents. b)    I confirmed that we have received a confirmation form the court on their receipt of  my submission emails. c)    I stated that Intrum lawyer’s claim is incorrect that we failed to meet the deadline, and pointed out that he has our two documents in his possession which he obtained from the court.   Then the judge started asking Intrum lawyer on the content of the two documents, which is bizarre not to ask the author of the documents.   Intrum Lawyer stated that the two documents almost identical. He then started pointing out the negative sides in the documents such as our change of the 50% settlement.  He continued claiming that we are changing our defence without following the certain set procedure, which it seemed to confuse the judge. The lawyer  continued to ridicule the document in general without being specific.  At the end the judge turned to me  to response.   I said that the court must see the document as it is important to the case.  It is not correct to ask the lawyer to a brief the court on our document as he has been selective in what to read.  The judge came in and said that he asked the lawyer for a general summery of its content.   I continued that the full claim case is fundamentally flawed, and I continued to list why: 1.    The nature of the relation between the original creditor and defendant does not constitute the need for Financial Agreement between the two parties.  The claimant stated in their case that the defendant was in breach of a Financial Agreement. Where is this agreement? 2.    There is no Default Notice that the claimant stated in their submission there was a Default  Notice. 3.    Also has the original creditor served a notice of assignment on the defendant? 4.    The other fundamental issue is the question of the nature of the sum claimed!. .  .  .  . . .   At that time the judge stopped me asked me if I was asking for the other side to present these documents.   I responded:  Intrum are experienced organisation in this type of business.  They know very well the importance of these documents to the case, why they have not been  incorporated them in their case submission , . .  my answer Yes  . . . our missing response document put the claimant to Strict Proof to present these documents to the court.   The lawyer then announced that the Default Note was included in their submission and, he continued to quote a reference number, then he retracted his claim, which is I had a sense that he felt he has gone too far in his BS***t.   However, the judge spend most of session faltering and does not know what to say.  At the end he decided to go for another CMD. But then the funny part he asked the Claimant lawyer to send him the two missing documents.   I feel more positive now on the case but I would appreciate your views and comments.   Thank you
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mjanet v lloyds :** WON ** UNCONDITIONALLY


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Wow lloydstsb are quick .....only 8 working days ........ to say I can't have my money.

 

6th March Data protection request sent by email

 

7th March email recieved back saying they recieved it

 

8th march email recieved (dated 15th march) saying they will send info requested

 

10th March I sent another D.P.A request by email for my C/C details

 

10th March email back saying they recieved it

 

13th March email recieved saying they will send my C/C statements in

conjuction with my bank statement request

 

14th March bank statements recieved by post / manual intervention notes... no manual intervention when charges deducted

 

14th March letter before action sent by email , giving them 14 days to

repay me ( yes I know I missed a step , lesson learnt don't do important stuff when 3 kids are playing up around you )

 

14th March email back saying they recieved it.

 

15th March standard letter back by email saying ... NO.. refering me to banking ombudsman

 

15th March email sent saying I will let the courts decide on the legalities of your charges

 

When the 14 days are up I will start my claim , unless someone thinks because I missed a step I should do something else ?

 

waiting for my C/C info now but I'm not really exppecting to see any charges on them.

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Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

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Well done and welcome! Keep us posted

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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16th March bank replys by email .........

 

Unfortunately I am unable to add any further information to my letter dated xx March 2006 and can only refer you to the terms and conditions of your account. However, I respect that you have your own opinion about our charges.

 

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.

 

 

this time enclosing a leaflet outlining how to contact them. Didn't think he understood me when I told him I will let the court decide on the legalities.

So now again back to waiting until my deadline I gave them.It gives me a week to read up on how to form a claim.Make some room for me on the litigations in progress thread ...it looks like I'l be joining it next week.

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Hi mjanet, I notice that you seemed to get a quick responce, ( as bad as they were) via email. Can you post the Lloyds TSB email address you used, as I have relyed on snail mail to date, and am to impatient to wait.....

Kevin

Good Luck All...

 

Fruitbat

 

In the words of a once great man \" Living is easy with your eyes closed, misunderstanding all that you see\" John Lennon

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Hi Kevin , yes I was too impatient too the address I used was [email protected] as you can see they recieve it then they forward it on .If you already have a named person that you are dealing with just put his name and any reference number in the subject line .. thats all I done.

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  • 2 weeks later...

Still have not recieved my CC information applied for under the DPR request so I am just about to send them a reminder that the time is ticking ..They have informed me that the last letter was their final response ,but they still have to send me the information I requested.Also whilst I know everything is done automatically by their pc's one thing I have noticed is every time it comes close to when my CC statement is due to be produced the payments I make become slow ie. Sunday 13th March I pay my balance by bank transfer it's taken out of my account before midnight the same night but shows Mondays date it's now 6 full days since they took it and my balance is still not cleared.I have just put a complaint in asking them why it's taking so long if it's an automated payment ? hoping somewhere in their reply they tell me it is done by a pc.

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update

still not had acknowledgement of my complaint and my balance is still not cleared 8 days after they took the money out of my account .CC info still not recieved.

14 days I gave them to repay me are up tomorrow so claim due to go in.

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Just phoned my branch to find out when my account was actually opened and was told 1957 , I protested and was assured it was correct .Only problem being I was not born for quite a few years later .Funnily enough they now agree ( after confirming it with a manager ) it is the wrong date but now can not tell me when it was.

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I have had to phone the banks head office many times past few days ( nothing to do with claim ) and they talk about 'manual intervention' a lot now .Seen as David Just keeps sending out letters saying he doesn't understand what is meant by it I think the staff have been well coached in the CC customer services.Also seen as they keep charging everyone using that as an excuse they have just said to me '' even though we have used manual intervention on your account please let me know personally if you occur charges and I will see they are refunded to you''

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I think that they don't know where to turn to justify the charges. In their solicitors' letter to me they did not try to justify by saying their had been manual intervention but that the fees had been laid down in my contract with the bank and therefore must be paid. Nonsense obviously, as they would not go to court.

 

I see charges rising again, as a result of the fees of teams of solicitors trying to find a valid defence and 'loans' to political parties to gain influence.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Claim put into court today , claim amount £324.34 including interest

 

finally recieved a copy of my CC statements .As I suspected no charges have been applied.

 

Also asked usher if I could sit in on a case they prefered to tell me and show me an empty room lol . I then asked very politely are the public not allowed in and was told yes it's still classed as an open court as long as neither party object to me being there , some contradiction there BUT I was on best behaviour so never pointed it out .Been told to come back on Wednesday and they will ask permission from ' both sides ' of a case ,as well as judge.As long as theres no objections I can sit in , he said sarcastically you can bring a few friends to lol . I think they where VERY suprised I asked .

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  • 1 month later...

UPDATE

 

Claim deemed served 9th April

 

Acknowledged with intention to defend 18th April

 

defence recieved by the court 3rd May

 

Defence recieved by me 6th May ( from court )

 

LLoyds told court they where unable to send the defence direct to me as they didn't know my address .Now in all fairness to Lloyds the fact my address and account number is on my claim and in light of the fact I have only had my account with them for 30 yrs then it is quite understandable they wouldn't know my address ... NOT :-D

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Mjanet - don't keep us in suspense!!! What did their defence say??!! :-)

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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Mjanet - don't keep us in suspense!!! What did their defence say??!! :-)

 

I don't have a scanner to scan it in and it's to long to type out BUT as soon as I find someone who can scan it in for me I will put it in here .Hopefully over the weekend.

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  • 4 weeks later...

allocation questionaire recieved and has to be sent back by 8th June, on my to do list for tonight.

Sorry couldn't show the defence as no scanner but it is just the usual s*** about it being a service and I have not broke my contract.

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allocation questionaire has been sent back .Will let you know if I hear any more

 

sent LBA over my DPAR on 6.6.06 ( :eek: just realised the date lol ) This is for a telephone call I had with their call centre .Reciept recieved for my request then they just ignored it.

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allocation questionaire has been sent back .Will let you know if I hear any more

 

sent LBA over my DPAR on 6.6.06 ( :eek: just realised the date lol ) This is for a telephone call I had with their call centre .Reciept recieved for my request then they just ignored it.

 

That is so DITO !!

 

keep at um MJ

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2 letters recieved from solicitors , first one telling me their defence and how confident they are of winning.

 

Main points:

 

1) the fees you are seeking to recoup are properely incorporated into your contract with the bank.When opening your account, you were provided with details of the banks charges and by using your account, you accepted those charges;and

 

2) when you make a payment (whether by cheque,debit card or any other means ) from your account when you have insufficent funds to cover it, you are effectively making a request to the bank for an increased overdraft ( I don't have an overdraft so how can I increase it ) .It is for the bank to decide whether or not to accept this request.If it meets your request,or indeed where the request is declined and the item is returned to your account , you must pay the necassary charges.The issue of penalties only arises as a matter of law where there has been a breech of contract.No breach of contract has occurred between you and the bank ; the bank is merely providing another service service, for wich there is a charge.The charges are not penalties and therefore need not to be a pre-estimate of the banks loss .

 

-----------------------------------------------------

2nd letter

 

 

Without Prejudice Confidential and Privileged

 

 

Dear Madam,

As you will be aware from out open letter, we act for Lloyds TSB Bank plc (the bank).This letter is marked without prejudice and is confidential and privileged which means it will not be produced in court and is confidential between you, us and the Bank.

 

In our open letter we have set out details of the banks defence and we should inform you that the bank does not accept that there is any merit in your claim. However, regrettably the costs of resolving a dispute can easily exceed the amount in issue regardless of who

‘‘wins’’ at the end of the day. The Bank is therefore willing to settle your claim on the following basis:

 

1 The amount your clam (?) , £324.34,will be credited to your account.

 

2 As you do not have an overdraft limit on this account, you must maintain your account in credit.

3 Payment will be in full and final settlement of this claim and any further claims you have or may have against the Bank arising out of or in anyway connected to this claim.

 

4 These terms and correspondence entered into in reaching a settlement, of which this letter is one, will remain confidential between you, us and the Bank

 

 

Please let us know whether you are prepared to settle on these terms. If so, and you comply with the conditions set out , the Bank will arrange to credit the amount of your claim to your account.

 

If you are willing to settle, please sign a copy of this letter as confirmation that you are bound by it’s terms, including the requirement of confidentiality, and return it to us

 

Yours faithfully

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MY REPLY

 

 

Without Prejudice

Dear Sirs,

I would like to inform you that I have received both of your letters and note your points. However like you I am also quite confident that I can prove my case in court and prove that these are in fact penalties that you are trying to cloak as a service charge. I am also very confident that a judge will also see it this way. Whilst I have to mitigate my loss I am prepared to accept the figure you quote along with my costs of £50 that you have excluded. I will accept this in full and final settlement of this claim. I reject all other conditions you have attached unless your client would like to negotiate a payment for this extra service you are asking from me ,as a separate agreement

.

I will continue my claim against your clients until such time that your client accepts my terms and has paid the amount I have asked for into my account.

May I also point out that there is no unilateral imposition of confidentiality in these circumstances as you must fully realise and for you to say otherwise is an abusive deception .I will pass any more disinformative correspondence from you to the Law Society who no doubt will decide whether this is a matter of discipline or merely requires more Continuing Education points.

Yours faithfully

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Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

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HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HARRRRRRRRRRRRRRR!!!

 

Onwards and upwards

 

Elsinore

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Superb reply MJ :D

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Been borrowing BWs "stampy" boots? - "continuing education points" indeed...go get yer money MJ!

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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reply from solicitors

 

Without Prejudice Confidential and Privileged

 

Dear Madame,

 

Thank you for your letter of XXXX

 

The Bank is willing to make an updated offer of settlement on the following basis:

 

1) The amount of your clam ( ? again lol ) , £XXXX .will be credited to your account.

 

2) As you have no overdraft limit on this account, you must maintain your account in credit.

 

3) Payment will be in full and final settlement of this claim.

 

Please let us know whether you are prepared to settle the matter on these terms. If so ,and you comply with the conditions set out, the Bank will arrange to credit the amount of your claim to your account,

 

If you are willing to settle, please sign a copy of this letter as confirmation that you are bound by its terms and return it to us.

 

We look forward to hearing from you

 

Yours faithfully

 

 

If anyone wants any clams they are £300 each :grin:

 

Not decided on my reply yet but it will be something along the lines of get lost reasons being ....I know my responsiblities re my account and you aint setting conditions to paying me my own money that was unlawfully taken and stop telling me letters are confidential and priviliged when quite clearly they are not

 

The Bank just HAS to have the last word when I am sueing them , no I don't think so.

 

 

Will post my reply when I think it up :D

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Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

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