kmbrad vs Lloyds TSB ***SETTLED IN FULL***

[121o121]

Nearly completed the N149 AQ. In "other information" I think i'll write...

 

"I believe this case to be a straight forward one, and therefore can see it lasting no longer than 1 hour. The defendant has refused on numerous occasions to justify their costs to me. I believe the small claims track would be more appropriate regarding the amount of my claim.".

 

Any opinions would be greatly appreciated.

 

Should I have got a copy of Lloyds TSB's defence with my AQ or should it arrive seperately ? All I have received is the AQ, a letter from MCOL and a letter from my local court.

 

I have the courts address, is it acceptable to post the completed AQ to them?

 

Regards

 

Karl

[121o121]

Bump...

[reload]

Hiya,

 

Yep, posting the AQ to the court is fine. Do not forget the AQ fee (where applicable - If your claim is over £1500 and you're not claiming benefits, for EG).

 

You should have received a copy of Lloyd's defense with or slightly before your AQ. It'll be worth giving the court a ring and asking them what happened to it.

[121o121]

Thank you Reload for replying. I'll get on to that now.

 

My paperwork from the Court didn't seem to professional in my opinion. The letter attached with the AQ said I was the "defendant". That was crossed out, and handwritten next to it was "claimant". Not overly important I know, but what with not getting a copy of the defence, it had me wondering.

 

Perhaps the staff are sleep deprived with all these claims? :-|

[121o121]

A brief update...

 

Just spoken to the court and they will today send me a copy of the defence Lloyds TSB submitted, as the orginal went AWOL .

 

I have just had a run in with NatWest. It's not worth starting another thread, but I have just been charged on my "parachute account". I set it up just incase Lloyds closed mine. I deposited £5 when I opened it, and a charge for £6 came out end of last month for something called "advantage blue". I was unaware I was being charged for this service (or that I had even asked for it).

 

I looked in the NatWest forums and found an email address for Sir Fred Goodwin's department, who is C O E of Royal Bank of Scotland. I emailed him detailing I have been charged for going £1.00 overdrawn and that if the situation wasn't rectified I'd close the account and start legal proceedings. It was a bit more detailed than that with the usual template & legal jargon.

 

Today I received a phone call from his department and they have waived the charge. When I called the branch, they told me I couldn't cancel the "Advantage Blue" subscription for 6 months, however this guy has sorted it all out for me...

 

I wish I could remember his name so I could praise him. He was really efficient and helpful. I had no intention of starting a legal claim for just £30, but thought the initial correspondance was worth ago. Glad I did now!

 

Wish Lloyds TSB were easier to crack !!!

[121o121]

This morning I received two letters.

 

The first, was from the Royal Bank of Scotland confirming the charges mentioned above (last post) would be waived.

 

The second, from Bedford County Court. It reads as follows :

 

" DISTRICT JUDGE ****** has decided that a hearing before a final decision about allocation can be made.

 

Reasons for hearing are as follows. THE COURT NEEDS TO IDENTIFY WHETHER THE CASE IS SUITABLE FOR HEARING AS A FAST TRACK

 

DISTRICT JUDGE ***** orders you to attend at 11.30 on the 15 November 2006 at Bedford County Court, 29 Goldington Road, Bedford, Bedfordshire, MK40 3NN "

 

It goes on to say that if I fail to attend the hearing I may be liable for the other parties costs and my case being thrown out, etc.

 

Accompaning it was another letter :

 

" The court has identified a number of cases which all raise the same issue and defence. In an effort to manage them appropriately the Court has listed the cases for consideration of allocation to track or in some cases reallocation. The Court has endeavoured to list cases involving the same lending institution at the same time in the hope that only one representative need attend. "

 

I also received a copy of the banks defence, which states the usual.

 

Time off isn't a problem as I am lucky with my job.

 

Is this the stage now, where I should start to write to S C & M?

 

Any advice would be gratefully received.

 

I haven't received a copy of the banks AQ yet. That saying, the deadline isn't for another 7 days.

 

Regards

[121o121]

A brief update...

 

A new thread has been started for people like me who have an "allocation hearing" in Bedford County Court on 15th November 2006.

 

http://www.consumeractiongroup.co.uk/forum/general/40155-bedford-county-court-15th.html

[121o121]

I have just wrote the following letter, which I intend to post to S C & M recorded tomorrow morning.

 

 

121o121

Address

Post Code

 

26th October 2006

 

Sechiari Clark and Mitchell

Department SO, P.O. Box 499

1 – 5 Queens Road Quadrant

Brighton, East Sussex

BN1 3XR

 

Your Reference : DX36675 BRIGHTON 2

Claim Number : 6QZ61430

 

 

 

Dear Sir / Madam

 

Please find enclosed a copy of my completed Allocation Questionnaire for your analysis. In addition, I also enclose my schedule of charges document (dated 7th September 2006). Your client received these details in my previous correspondence with them.

 

I would be grateful if I were to receive a copy of your completed N149 Allocation Questionnaire before the hearing at Bedford County Court on the 15th November 2006. I look forward to meeting a member of your team then.

 

Please be advised that in addition to the above address, I may also be contacted by fax on (Bedford) 01234 ******

 

Kindly acknowledge the safe receipt of this letter.

 

Yours faithfully

 

 

121o121

 

Enc.

 

 

I've no intention on bombarding them with letters. This is short and says what I want to say...

[freebird]

well done 121 good letter, I'd fax it too as all their received mail goes through a clearing dept and if you count from the day of posting they still might not read it for a week at least but the fax they'll have there and then..

[121o121]

Thanks Freebird.

 

I sent it by fax to them on friday (the same as what I posted). At the end the machine displayed "total 5 pages" (strange, I'd sent 6 ), so i'm not sure what happened there. They got it by post anyway.

 

Spent yesterday researching into allocation hearings and preparing reasons for my case. Have posted them on the Bedford County Courty link :

 

http://www.consumeractiongroup.co.uk/forum/general/40155-bedford-county-court-15th-2.html

[121o121]

Just got in from work and found an A4 envelope on my door mat.

 

It is the banks completed Allocation Questionnaire. There was also an accomplaning (is that spelt correctly) letter from S C & M with it asking me of the same (faxed and sent it to you on Thursday).

 

I will send them a letter back kindly acknowledging that I have received it.

 

All the usual AQ moves, agreeing that small claims track is more suitable and asking for 1 month to settle. They are also to busy to come to Bedford in the whole month of November for the case.

 

But I'll see them on the 15th November anyway at the AQ hearing.

[121o121]

Just logged on to my Internet Banking with LloydsTSB and there it was...

 

"SETTLEMENT CLAIM"

 

Haven't received notification of it in writing yet, but I would assume there are no conditions attached with it.

 

I will take the survey tonight and make the donation.

 

A big thank you to everyone for your help. A great community!

[BARTY]

Congratulations!!! :D

Barty

[121o121]

My "in litigation" thread is here.

 

http://www.consumeractiongroup.co.uk/forum/litigation-progress/40414-121o121-lloyds-tsb.html

 

How can I get it moved to the "success" sub catagory?

 

I will now write to the court telling them of the settlement. I know what to write but just wondered if there was a template?

 

Regards

[40bear]

OMG don't tell me TSB settled!!! You jammy,,,,, so I won't be seeing you in Bedford??? Congratulations.

[freebird]

well done let's know re conditions etc and method of payment..

brill news...........

[121o121]

Thanks Freebird. The method of payment was PAY into my current account with them. It was credited on Friday.

 

I still have no correspondence from Lloyds or SC&M so am unsure as to conditions.

[freebird]

Great, looks like no conditions were attached as they'd have said that with their offer.......if the money's in your bank they can't lump you with conditions after that !Well done, take the money and run....lol.....

[121o121]

Sorry I haven't kept the post up. A brief update....

 

I received a letter from S C & M on the 15th November, and I quote....

 

"We refer to the above matter and confirm that our client has settled the above claim by paying the monies into your select Plus Account. You are advised at this stage that by our client meeting your claim on this occasion, this is not to be treated in any way as an admission of liability. This is merely an attempt to resolve the matter amicably between the parties concerened."

 

It goes on to say about me notifying the court etc.

 

That day I also received notification of 2 charges coming out on 1st December. I couldn't get to the bank to pay the money in on time. My TV license for £10.99 was returned and they have charged me £35, BUT they paid my LloydsTSB loan for £164.73. charging me the lesser amount of an unauthorised borrowing fee.

 

I wrote to them telling them this was a bias decision on their behalf ensuring their associates receive there payments and not others. I also wrote "I need not remind you, you have just settled my previous claim against you".

 

We shall see what happens, but like Reload, I feel a "round 2" approaching.

 

Still, at least it keeps my post count up!

[121o121]

I have today received a letter from Lloyds TSB saying they will waive the £65 charges due to be debited on 1st December 2006.

 

They say that they've already explained they think its fair, and how easy it is to check my account balance so I don't go overdrawn.

 

They then go on to say, and I quote...

 

"Generally we don't agree to adjust any of these charges, but I can tell you that on this occasion we are prepared to waive the £65 charge as a gesture of goodwill. You may have read that we and the other banks are discussing overdraft charges with the Office of Fair Trading. Meanwhile we do consider each customer's position individually, and we are making you this offer because the amount your asking for is less than the cost we might face in dealing with your complaint if you took it any further. I need to let you know that this does not mean we consider we have any legal obligitation to do so."

 

Are Lloyds TSB slowly starting to realise?

[freebird]

reckon so 121.......either that or they've been reading the Christmas Story lately..lol......

well done anyway.

I'm going in to my bank on Tuesday and asking them to pay back my charges since I submitted my original claim...worth a try, if not I'll start off a new claim......

like you they make dam sure they take out my loan but stuff any other payment that needed paying, selective or what ! I've cancelled all my DD's now anyway and I have a parachute account, but I still need to sort some charges out with them. Onwards and upwards eh.

[121o121]

I wrote to them, sort of modified the prelimary letter, but included the fact they had already settled my previous claim against them and that their earlliest attention to this matter would avoid my costs and their solicitors fees at a later date.

 

Worked for me :o)

 

Good Luck