Lloyds TSB get worse..

[DerekW]

Also, please start your own thread to avoid confusing things!

[DerekW]

Hi All

 

Took a little walk down to the court today an filed the claim:-)

 

I asked the very nice and helpful lady there (I almost asked her out!) to make sure I had done everything right - just a couple of minor things which others should be aware of. The Claimants name must be preceded with a title and I had not put "Mr" and also I had put "Lloyds TSB" as the defendant, where it should have been "Lloyds TSB Plc". She said that might have held things up.

 

Today is exactly 14 days since the LBA as it turns out after all.

 

Anyway, now the waiting game begins - ho-hum!

[reload]

Good for you Derek - fingers crossed for ya

[tscw1]

I'm 11 days behind you exactly, I'm just counting down the days until I can put in a claim

[Bookworm]

just a couple of minor things which others should be aware of. The Claimants name must be preceded with a title and I had not put "Mr"

 

Just for clarification, that is not necessarily the case. I've filed 5 cases so far, not one of them with the "Mr" or "Mrs" (on purpose, as DH and I have same initials), and not one of them ever delayed because of that.

[DerekW]

Hi All

 

Just got the Notice of Issue back from the court Claim Number 6PH04364 - deemed served on the 13th September 2006 - they have until the 27th September to reply. That means they will file an acknowledgement of service on the 28th - this is all getting very predictable isn't it!

 

What a blatant abuse of the court system this is - it really makes me mad that they are able to intimidate people by using the court system for their own advantage. There is also the financial aspect, they of all people know full well that people who are struggling to pay their charges are also likely to be unable to afford the court fees and may fall down at the AQ stage because of lack of funds. Something I will definitely be pointing out to the judge if they get all the way to court. Is there anywhere we can complain about this?

[christinajanep]

Hi Derek,

 

I totally agree with you, its pretty obvious that they'll never payout before the claim is filed as its at that point which i'm sure many people never get passed due to having the initial outlay, its dam right unfair, if people had money to payout like that they wouldnt be claiming there charges back... which makes me all the more determined to fight for every penny they owe me...

 

best of luck

christina

[DerekW]

Hi Christina

 

Yes, the banks have the unfair advantage of knowing everything about your financial situation, which is not the norm when you're being sued by someone!

 

Some people I've spoken to about what I'm doing have said straight away that they would do it as well - but just can't afford the court fee when they have rent and bills to pay. Catch 22 - they can't sue to get their money back because of lack of money caused by the person they want to sue!

 

I've made damn sure I've got the £100 for the AQ when it gets to that point (even though it's a struggle), but someting really needs to be done to stop this ridiculous practice.

 

Good luck with yours!

[Mindzai]

The worse thing is, with Lloyds at least, they actually seem to try to make sure you don't have the money for the court fees. I'm my case as soon as they realised I would take themto court they demanded the repayment of my overdraft! They know your situation, and they will use any dirty trick they can. If it wasn't for my parents lending me the court fees I wouldn't have been able to proceed with my claim for a while.

[DerekW]

My situation is very similar to yours Mindzai! See the beginning of this thread and that's exactly what happened to me, but the withdrawal of my OD facility came a bit too quick after my prelim letter for the two to be directly connected, unless I had said something on the phone to them when I complained about the charges a couple of weeks earler - I can't remember.

 

Like I said before - is there anywhere we could all write to complaining about this? Any Mods know? Or would we be wasting our time?

[Mindzai]

To be honest I wouldn't be surprised if the DPA request flags your account now, they know how the process works. I'm sure they know exactly what's going on and whats going to happen the moment they get that letter. It's just a giant game of poker where we have the royal flush and they have a pair of 2s, it's just a matter of waiting for them to stop bluffing and fold. And fold they will

[DerekW]

Mayby the whole question has just been answered by bookworm - check out the latest announcements....

[DerekW]

Just got another letter from the court - SCM have filed the acknowledgement of service on the 15th - a bit quick methinks! Makes no difference to the timescale though - still 28 days from the service date...

[Mindzai]

Mayby the whole question has just been answered by bookworm - check out the latest announcements....

 

Must be missing something, have you got a link?

 

You're on a very similar timescale to us, ours were aknowledged 13th, and were served on 10th, very quick response for us as well.

[DerekW]

I think this should go there:

 

Bankfodder Announcement

 

Referring to my earlier qustion of the unfairness of the bank's abuse of the court system....

[DerekW]

Apologies Mindzai - I meant Bankfodder not Bookworm! Sorry!

[DerekW]

Hi All

 

Well after a long wait SCM have submitted their defence - standard crap as far as I can see. Got the AQ, now a question: is it worth writing to them (SCM) before submitting the AQ to see if they will move at all? Or shall I just go ahead and file the AQ so they can spin it out for a few more weeks?

 

The timescale is really starting to **** me off and it's so pointless! All the time this is going on my account is effectively frozen and they have to know there's no way I'm giving up, it's just going to cost them another £100 in the end.

 

Has anyone else got any result by writing to them before submitting the AQ?

 

Thanks!

[Bookworm]

Well, you only have 14 days to complete and return the AQ, so it's up to you, really. I think that you have done all that's possible, and that it would be pointless, but do I know how their tortuous mind works....

 

Actually, I have a strong suspicion that a lot of them will be offering reduced payouts as we get closer to Christmas and people get more desperate for money. We'll see.

[DerekW]

Hi All

 

Been down to the local court and filed the AQ - another £100....

 

I've seen a lot of court dates being set for January - let's hope it's not that long, but as you say they may start making measly offers before Christmas when they know people need the money. God knows I do but I ain't settling for a penny less - I don't care if it takes till the following Christmas - it's a matter of principal now!

 

Just a suggestion (forgive me it it's already been done & I've missed it), can we not all write to somebody complaining about this abuse of the court service? One letter from an individual will get nowhere but maybe a few hundred would?

[Mindzai]

Good luck Derek.

 

My dates have been set for early Feb so Jan doesnt sound unlikely...

[DerekW]

Thanks!

 

Not sure if I've cocked up here but I've just got a letter from SCM with their AQ, requesting a copy of mine. I didn't copy it because the lady at the court said there was no reason to. Ah well...

 

I see in theirs they have asked for a postponement of 1 month to "attempt to settle the claim" and that they are not available for all of October and November - how ridiculous is that??!!

 

I will write to them (when I've calmed down) asking why they want a month extra when they've already stated their "final response" and how a firm of solicitors can be unavailable for 2 months solid. I will copy the court as well. This is just taking the **** out of the court system...

[Michael Browne]

Thanks!

 

Not sure if I've cocked up here but I've just got a letter from SCM with their AQ, requesting a copy of mine. I didn't copy it because the lady at the court said there was no reason to. Ah well...

 

You're fine. You are not obliged to send them a copy of your AQ, just a courtesy

[breadline]

Thanks!

 

Not sure if I've cocked up here but I've just got a letter from SCM with their AQ, requesting a copy of mine. I didn't copy it because the lady at the court said there was no reason to. Ah well...

 

I see in theirs they have asked for a postponement of 1 month to "attempt to settle the claim" and that they are not available for all of October and November - how ridiculous is that??!!

 

I will write to them (when I've calmed down) asking why they want a month extra when they've already stated their "final response" and how a firm of solicitors can be unavailable for 2 months solid. I will copy the court as well. This is just taking the **** out of the court system...

 

They started off being unavailable for 1 month which just happened to put them in the same position as if they were allowed a stay, now they do what ever they can get away with. SCM are a joke, they more or less admitted to me on the phone today they can't cope with all the claims. make sure you keep them on their toes.

[DerekW]

Thaks folks, sorry I haven't been on here for a while...

 

I sent them this back for what it's worth - probably won't even get read but it's something else to produce in court to prove I'm making an effort....

 

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

I acknowledge receipt of you letter and Allocation Questionnaire dated 16th October 2006. I have filed my Allocation Questionnaire and was told by the court that it was not necessary to copy the document, however the details were as follows:

A: No

B: No

C: Yes

D: 0

E: No

F: No

G: I expect this hearing to last no more than 1 hour.

H: Yes

I am astounded to read that you have requested that the claim is postponed for one month “so that you and the other party can attempt to settle the claim either by informal discussions or by alternative dispute resolution”. I remind you that your client has made absolutely no attempt to contact me regarding this matter since the claim began and their last communication clearly stated it was their “final response”.

If your client wishes to settle this matter then I suggest that they do so, or proceed to court as soon as possible, where the matter will be resolved, I see no reason to delay this matter further.

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

 

Almost feel sorry for them, probably a good bunch of solicitors with their name being dragged through the mud by the bank. But I suppose they're getting paid for it....

[Bookworm]

Yes, they are, and rather more than your puny claim justifies. Puny to them not to you, obviously.

 

Ah well, roll on, roll on... *sigh*