Milo19 v LloydsTSB ***SETTLED IN FULL***

[Milo19]

Just filling in the AQ questionnaire, in section G, do I need to put of the below, bearing in mind the amount I'm claiming for is below £5000

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

[Milo19]

anyone?

[Michael Browne]

Yes , fine. It's asking the court to order standard disclosure (ie for the bank to reveal their true costs) which is not normally part of the small claims procedure

[Milo19]

Had the AQ back from lloyds, they've asked for another month. I can request this is declined can't I. They've had since 11th July to reach a settlement, and they haven't bothered?!

[Milo19]

Bump!

[Milo19]

I'm beginning to think my post on this forum are invisible!

 

BUMP!

[Michael Browne]

If you tick no on your AQ, this should be declined since both parties have to agree. That's the theory, anyway!!

[Milo19]

hmmmmm...Do you think I should a letter politely pointing out nearly 3months have passed since my last letter!?

[reload]

Might be worth it

[Milo19]

This is what I thought I would send, anyone have any comments??????? - plus anyone have an email address for Lloyds solicitors? - Sechiari, Clark & Mitchell????

 

I write to you with regards to my claim against Lloyds TSB Plc.

 

I started dialogue with Lloyds TSB on 11th July 2006 with regards to the repayment of unlawful charges that have been applied to my account over the last 20months.

 

A number of chances were offered to Lloyds TSB to refund these charges without the need for court action, however, I felt I was never taken seriously, and after receiving a letter from Lloyds telling they will not refund these penalty charges and that they will not enter into anymore correspondence.

This obviously left me little alternative other than to seek the recover of these charges through the courts.

 

As yet I have not heard anything from yourselves or Lloyds TSB.

 

I am more than happy to go to court, however, I would prefer to settle without the need for wasting court time. With this in mind, I again offer you the chance to enter into sincere dialogue with me too resolve this case.

 

However, I WILL NOT enter into negotiation for the amount to be repaid, and nor will I expect any conditions set against the repayment.

This money has been unlawfully taken, and I intend to redeem the total amount.

 

I require full payment of the penalty charges, including interest and costs.

 

This figure currently stands at £*****.

 

I look forward to your comments with great anticipation.

[Milo19]

I really am beginning to get a complex about no-one responding to my post!?!

 

BUMP!

[Michael Browne]

Head the letter with your calim no. in XXXX County Court, otherwise fine.

[freebird]

Michael, sechiari don't give out an email addy, either they don't want us to have it or they're not online ????? doubt that though !

If you have alook in the Lloyds threads, I think that most of your questions re the A/Q's will be answered in there........

good luck

[Milo19]

Ok, I've got a date of December 6th 11.30Hrs in Cheltenham County Court. I have to have the documents with the court and lloyds by the 30th October. What do I need to send them? Statements obviously with the high lighted charges. Anything else?

[Michael Browne]

Take your pick from here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html#post257960

[Milo19]

The Supply of Goods and Services Act (1982) looks really unprofessional. Is there anywhere else I can get a copy?

[Milo19]

BUMP!

[Milo19]

Everyone's ignoring my posts!

[bearo]

How do you mean it looks unprofessional?

[Michael Browne]

Is this any more professional looking?:

SUPPLY OF GOODS AND SERVICES ACT 1982

[Milo19]

The deadline was yesterday to recieve the court bundles. they have had mine, but I have nothing from lloyds! SHould inform anyone or is it just more wating around!????

[Milo19]

OK

 

This case has also now been stayed until January 2007! Is there no end - geting near 6months!

 

IT IS ORDERED THAT

1. The order dated 11 October 2006 be set aside. The is one of many bank charges claims which are being handled by the Gloucester County Court locally and which are subject to standard directions orders.

 

2. The action be transferred to Cloucester County Court to be linked to other bank charges cases

 

3. The claim is stayed on the grounds that the claiments statment of case discloses inadequate particulars of claim. Unless by 4pm on 22 November the claimant files and serves a further statement of case that sets out full particulars of claim(no break/details of charges given in claim form) then the claim will be struck out

 

4. The hearing on 6 December be vacted and the allocation to the small claim track be cancelled

 

5. The action be stayed from 27 November until 26 January 2007 or until further order on the basis that there is a possibility of a test case before a higher court within the next few months the result of which is likely to reduce the and/or amount of litigation in these types of cases: the stay will also afford the parties an opportunity to try and settle the matter without a court hearing.

 

6. Liberty to apply to remove the stay

 

7. File to be referred back to the District Jougde by 27 January 2007

 

8. The order has been made without a hearing under the courts case management powers contained in the civil Procedure Rule Part 3

You may within 7ddays of the service of this order apply to the court to set aside or vary the order under part 23 rules 10, you must file the court and serve on the other parties an application that sets out your reasons for objection. When your objection is received the origanl application will be listed for hearing unless you ask the court to vary the order without a hearing.

 

SO NOW WHAT??? I don't know why I bother to pay the courts?!

[Milo19]

bump

[Milo19]

Bump!

[Milo19]

Anyone?!