KAZZAW v Lloyds Asset Card - EVERYONE READ post 15 & post 219 !!!!!!

[lsba02853]

I@ve notice this lately in my Halifax account. Where I've been 2 minutes late making sure funds are there, and they would usually have slapped a chage on instantly, they haven't lately. Fingers crossed.

 

Halifax are still being W@nk*rs with me.

I have a standing order that goes from my account to my bills.

It goes over on the 23rd of each month without fail. Yesterday i get a letter saying the are charging me £39 each for 2 standing orders that they returned. Even though the funds were available, they refused to repay the charge saying that their T&C's clearly state funds must be in the account up to 48 hours before hand. Not a happy bunny.

 

Halifax are next on my hit list after lloyds.

 

(Sorry to moan on this thread)

[jax1964]

Hi Kazzaw. Very interesting thread. Fingers crossed you get your settlement soon.

I have sent you a pm.

[TideTurner]

Let me get this right.

 

Not only have they not listened, but they have now brought in new rules where you have to pay in advance!

 

Smells of IF's policy of having a cleared balance of £1500.00, else you will incur a charge.

 

As a business, the banks have to get their money from somewhere, if the charges scenario is cut off, they will have to find other methods.

 

Tide

[welly59]

if you missed the show you can ear it in full on BBC Radio 4 website

[kazzaw]

In case anyone was wondering, although the Radio 4 presenter said the case was settled I haven't received my money yet. LTSB told the Court that the case was settled before the Court Order deadline so didn't send in the information requested!! They tried to settle but with conditions that I'm not prepared to accept.

 

I have passed on information to Newark County Court & the Senior Judge is looking at my file on Monday.

 

As soon as they have settled I will post the details. It's a bit delicate at present!

[Guest bong]

LTSB told the Court that the case was settled before the Court Order deadline so didn't send in the information requested!!

 

blinking cheek!!

 

all the best with it kazzaw

[TUTTSI]

That was clever of LTSB, now they will have to cough up with no conditions!

[Fullyskinted]

LOL, possibly the FIRST time I listen to Radio 4 and what a good programme!

It was interesting that the judge they interviewed said he'd like to see a bank in court to see what came of it...

[bmwman]

hello kazzaw

 

have read your post no15 and I would like to use this in my claim against the woolwich/barclays do you have any objections.

 

thankyou from bmwman

[GuidoT]

Kazzaw - I know you are loving the fame, here you go:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/61780-lincolnshire-echo-appeal-people.html

[OldBear]

Might be a long shot, but I'm just wondering if the knock-on effect of this decision is already being felt elsewhere. We know the banks and their lawyers read this forum and am sure they all listened to the Radio 4 report; so they're aware of his ruling and they know we are.

 

I say this because over in the NatWest forum in the last week there are many tales of people who have had settlement after only sending a Prelim Letter, including one chap who got over £4000.

 

Are we reaching a stage where the banks may be afraid to go to court in case other judges hand down this same ruling as that in Kazza's case?

 

Just a thought.

 

OB.

[TideTurner]

Has anybody heard of an interview on Radio 2 tonight regarding the delivery of 70,000 customer details to the wrong address? A friend says a number of boxes were delivered, and all the envelopes contained had handwritten addresses on the outside. It was apparently aired about 18:30.

[Guest Battleaxe]

It will be interesting to hear the response from whatever bank made this boo boo

[bill-k]

I think this was it, Tide !!!

 

BBC NEWS | Scotland | North East/N Isles | Woman gets 75,000 bank statements

[TideTurner]

bill-k - reliable as ever. many thanks.

[halibut]

I live in Lincoln and have served Halifax. The deadline for them to respond is Feb 8th.

 

I haven't received anything from the Judge like others here, but you never know!

[lloyds_victor]

A word of advice, from my own experince of Lloyds people need to be aware that they are not to be trusted. I received a written offer from their solicitors offerring to settle my claim which they reneged on after I had accepted it and had cancelled the hearing. Leaving me without a court hearing and money. So I'd keep any case involving Lloyds running untill you get cleared funds.

[photoman]

A word of advice, from my own experince of Lloyds people need to be aware that they are not to be trusted. I received a written offer from their solicitors offerring to settle my claim which they reneged on after I had accepted it and had cancelled the hearing. Leaving me without a court hearing and money. So I'd keep any case involving Lloyds running untill you get cleared funds.

 

Surely if it was a written offer, you have some evidence to use and take some further action to ensure offer is fulfilled ?

[Glenn UK]

Hotoman, it doesn't matter what they wrote since the defendant cancelled the claim. ( Edited for clarification see comments in post 198 )

 

It is a golden rule that you don't cancel the claim until you have cleared funds in your account. I am surprised that the court didn't make sure, not that i think its their job, simply that every time i have been in that situation the court have asked have you got cleared funds let us know when you have.

 

You always tell the defendant you want the money within 7 days if you don't get it you carry on with your action.

 

HTH

 

Glenn

[photoman]

PHotoman, it doesn't matter what they wrote since the defendant cancelled the claim, breach of promise isn't an offence as far as I'm aware.

 

It is a golden rule that you don't cancel the claim until you have cleared funds in your account. I am surprised that the court didn't make sure, not that i think its their job, simply that every time i have been in that situation the court have asked have you got cleared funds let us know when you have.

 

You always tell the defendant you want the money within 7 days if you don't get it you carry on with your action.

 

HTH

 

Glenn

 

Agreed, "It aint over till the fat lady sings" !!!

Only fulfil any agreement on your behalf to to end an action once you see those pound signs as cleared funds actually in your account, and that is the way i would play things, and hopefully all on this site would do same.

 

Maybe this advice should be posted in the FAQ's or a big highlited sticky somewhere ??

[Guest bong]

isn't this breach of contract?

[GuidoT]

If SCM have made you an offer and you have accepted it (either orally, writing or by conduct), then you have a binding contract. If the offer is conditional on paying a sum and that sum has not been paid then Lloyds are in breach and you are entitled to a remedy.

 

You cannot revoke an offer after it has been accepted.

 

To pursue your remedy commence proceedings against LTSB and then make an application for summary judgement. I would do a LBA giving them 7 days first.

 

However before all this Odine start you own thread.

[Glenn UK]

The problem isn't that they have a contract which has been breached, the problem is that the claimant has cancelled their claim and so to reclaim the money owed they have to initiate court action again.

 

Back to square one, sorry if my earlier post implied that they don't have a claim, but that was not what i was getting at. ive edited my earlier post to make it clearer.

 

HTH

 

Glenn

[Guest bong]

glenn I'm not sure I'm with you, Lloyds made an offer, odine accepted, that is a binding contract. In my view, the claim wouldn't have to be started again, odine has the proof to threaten them with an action for breach of contract and they don't have a leg to stand on.

[Glenn UK]

OK Bong agreed, he/she can go back and ask.

 

incidentally it would depend on proof of the offer/acceptance being available, I'm not sure we know how the offer was made and accepted which would be material to the situation, at least in the sense of making life easy to prove what was going on.

 

If the bank don't comply then the claimant may have to start an action (not the claim though) to get the money.

 

Perhaps the OP can confirm whether he has the stuff to kick their legs from under them. whilst i agree to verbal contracts being valid, the difficulty is in proving what that contract actually was.

 

I do agree that they can ask and may well get the money by threatening the arguments you make. however i think the key is whether there is some substantiation to the facts.

 

All in all a real bummer to end up with this problem at this stage,

 

Glenn