Mindzai & Lucid vs Lloyds TSB ***WON UNCONDITIONALLY WITH CONTRACTUAL INTEREST***

[lucid]

Yes, well we couldn't get an exact weight for the three bundles in total but we think it's roughly 3kg - possibly 4. What's even more worrying is that in the last week we've gone though 3.5 packs of paper (the packs have 500 sheets in each)! Still I suppose this is the only downside of taking on more than one claim at a time.

 

We will be back to update if anything exciting happens and we get anything from SC&M but I'm pretty sure we won't.

 

Lucid

[chezt]

Yes, well we couldn't get an exact weight for the three bundles in total but we think it's roughly 3kg - possibly 4. What's even more worrying is that in the last week we've gone though 3.5 packs of paper (the packs have 500 sheets in each)! Still I suppose this is the only downside of taking on more than one claim at a time.

 

We will be back to update if anything exciting happens and we get anything from SC&M but I'm pretty sure we won't.

 

Lucid

 

OMG that's a huge amount! Can you/are you claim back any of these costs along with your claim?? I'll bet it adds up to a fair bit by the time you've done!

[Mindzai]

It certainly does but unfortunately I don't think we can claim it back. Although we are claiming for the cost of sending our previous letters, at this stage we cannot add on more.

 

Will be interesting to see what we get from Lloyds tomorrow. My money is on 'not much', in which case I will write to the court and copy them in. Should be fun

 

At this stage we are really in a win-win situation imo, in that we will either get all of our money or go to court, and I am quite happy with either outcome.

[chezt]

Wonder if the judge would award extra as 'your costs' if it went to court & you won? How much & how have you calculated how much to claim for your other correspondence and did you include in your POC?

 

Anyway, good luck & I hope there is an end to this soon with an acceptable outcome for you

[lucid]

Hi chetz,

 

We claimed a very amount for letter costs - bearing in mind we have had to write several more since we filed the claim. We worded the section in our particulars as follows:

 

c) the additional costs incurred by the Claimants in the writing and sending of letters to the Defendant pursuant to this claim in the sum of £18, as set out in the attached list of costs.

and we had the following paragraph at the top of our listof costs:

 

The letters listed have been written by the Claimants to the Defendant pursuant to this claim and have each been sent via Royal Mail First Class Recorded Delivery. Each letter has been accounted for and will incur a charge of £3 to reflect the cost of postage and a modest fee towards the time the Claimants have put into writing each letter.

So a veyr small amount for writing the few letters we had to before we filed the claim.

 

I'm sure the end is very near and I just want to say that the bundles for the court were successfully handed in (by myself) and the bundles for SC&M were posted next day special delivery today. So relieved.

 

Lucid

[chezt]

Thanks for the reply ... I'll bear that in mind for my next POC I think - would be nice to at least get the postage costs back!

 

Well done for finally sorting & delivering the bundles ... It must feel like finishing a gruelling essay & finally sending it off to be marked! very rewarding I should think & with big financial rewards to follow soon with any luck!

[Enron]

In same position here, my bundle went to court on Tuesday and will go to SC&M next Monday by Special Delivery.

[Mindzai]

Well surprise surprise we got no document bundle through from Lloyds by the Judge's deadline (23rd Jan).

 

We have therefore sent of the following letter based on GaryH's excellent template to SC&M:

 

Sechiari Clark and Mitchell

Department SO

PO Box 499

Lower Ground Floor

1-5 Queen’s Road Quadrant

Brighton

BN1 3XJ

 

24th January 2007

 

 

 

 

Dear Sir/Madam,

 

Mindzai & Lucid –v- Lloyds TSB Bank Plc

Claim Nos: XXXXXXXX, XXXXXXXX & XXXXXXXX

I write in relation to the claims as detailed above, and specifically the orders made by District Judge XXXXXXXX dated 11th October 2006 and 23rd October 2006.

 

 

You were ordered by the court to by 23rd January 2007 file and serve the documents upon which your client intends to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

 

I have, to date, received no such documents and accordingly I hereby request that you do serve upon me these documents at your earliest convenience.

 

I consider your non-compliance to be particularly unacceptable in view of the fact that you are specialist solicitors representing a large financial institution with vast resources, and feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

 

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on 22nd January 2007.

 

Should you not comply with the order within 7 days of this letter, I shall write representations directly to the District Judge dealing with this claim, to inform the court of your continued non-compliance and invite further order to be made as it sees fit.

 

I look forward to your prompt response.

 

Yours faithfully

 

 

 

 

 

 

 

 

 

Mindzai

 

 

 

 

I have also informed them that this letter has been CC'd to the Court.

 

 

 

I'm not expecting to hear anything back from them, but at least it shows that we are being more than reasonable. Let's hope our Judge is another one who is fed up with Lloyds' abuse of the system and does something about this. It really makes me angry to see so much time, effort and resources being wasted in persuing these claims when they have absolutely no intention of defending themselves.

[Enron]

Waiting for the 31st January for my deadline, and expect like yourself I will receive no bundle from Lloyds.....

 

Will be following the same action as yourself. Keep this thread updated on how you are doing as your about a week ahead of me.

 

Then back to take on Citi.......

[lucid]

As always Enron we will be updating on the latest progress as it happens.

[Enron]

Thanks, fairly well clued up now..... so the thing is always to stick around to advice others once you claim is done.

 

Citi is going to be interesting as they are defending their cases with use of local solicitors at hearings.

[Memnoch]

Mindzai & Lucid,

I have read your posts with a lot of interest and would firstly like to wish you the best of luck with your court case.

I too am claiming against Lloyds TSB with Contractual Interest and have (using the excellent Spreadsheet that Mindzai posted) calculated I am owed around £7k at the 29.8% interest rate (that's the only rate I could find on the Lloyds TSB website).

I intend to start putting my court package together now even though I have not yet sent off my LBA as I would like to go through it again and again.

Could you please assist and let me know which of the Previous Lloyds Cases Settled out of Court you used as I will be adding these to my court portfolio too.

I intend to add much the same as what you have in your court package, however due to the fact that I have never had an overdraft facility on my account I will be leaving items related to this out.

One thing that I am missing are the 3 example letters (informing of charges and automated letter), the reason being is because I have not been overdrawn for a while so disposed of these letters before starting this process. Can you tell me are they a definitive requirement ?

Finally once again thank you for such brilliant pieces of art that are your letters and posts (you should have a whole wing for them in the tate galley), and the very best of luck to you in court.

[GaryH]

Memnoch,

 

You say you have never had an overdraft, yet you are claiming contractual interest? Contractual interest is claimed on the basis that the contractual interest rate they charge you on overdraft borrowings should be reciprical. If you haven't got an overdraft then you haven't got a rate of interest stipulated in your contract, which means you cannot claim for contractual interest. Your interest claim is invalid. Have you filed a court claim yet?

[Mindzai]

Memnoch,

 

You say you have never had an overdraft, yet you are claiming contractual interest? Contractual interest is claimed on the basis that the contractual interest rate they charge you on overdraft borrowings should be reciprical. If you haven't got an overdraft then you haven't got a rate of interest stipulated in your contract, which means you cannot claim for contractual interest! Your interest claim is invalid. Have you filed a court claim yet?

 

Hmm not sure I agree there.

 

Even if you have no overdraft, go overdrawn anyway (ie unauthorised) and see if they charge you interest This at least will be in the contract/t&cs, so I would say you are safe if you go for the unauthorised rate.

 

Memnoch - for the letters and claims list, if you PM me an email address I will send you scans.

[GaryH]

The account I had was a basic LTSB 'cash' account and there was no mention of a rate in the T&C's. Memnoch, you need to check your account contract to see if it stipulates a rate of interest - if you haven't got it, give telephone banking a ring.

[lucid]

I've just tried looking on the Lloyds site to see what it says on cash accounts here and a paragraph I found interesting was:

 

The Cash account doesn’t include:

• overdrafts and loans,
  
• cheque books,
  
• withdrawals from any non-Lloyds TSB cash machine,
  
• credit interest.

They say the account doesn't include credit interest, so I take that as meaning you can be charged debit interest which, in an account that can't have an overdraft and so can't allow an authorised borrowing rate, would have to be interest charged at the unauthorised borrowing rate. So I imagine that even if you have a basic cash account, if you were to go overdrawn and get charged then you would also get charged interest at the unauthorised borrowing rate. Of course this is completely my own interpretation as I have never had a cash account and so have no idea how it works.

 

But I agree with Gary that it's important for everybody to check the T&Cs (if they can find them ) for their own accounts.

 

Lucid

[Memnoch]

I dont have a Cash Account I have a Select Plus Account. This gives me an ability to apply for a O/Draft should I wish to, I never have.

 

However I have previously been charged for Unauthrised O/Drafts and have been charged O/Draft interest on top of those charges.

 

I believe that my application for Contractual Interest is justified due to this.

 

Please continue this debate on my thread >>>Here so that we dont hijack Mindzai and Lucids thread.

[lucid]

Memnoch,

 

Don't worry about hijacking. I thought it was an interesting point that Gary brought up and so contributed to it in our thread. But the majority of useful imformation has gone to your thread.

 

Lucid

[GaryH]

I'm going to double check the T&C's of the cash account (O/H's kept them I think), and thinking about it it does stand to reason that there would be a U/A rate, but the whole time I had the account it would'nt let me go so much as a single penny overdrawn. You simply could'nt withdraw a tenner even if you had, say, £9.99 in the account, and any DD's or SO's would just bounce.

 

I dont have a Cash Account I have a Select Plus Account. This gives me an ability to apply for a O/Draft should I wish to, I never have.

 

However I have previously been charged for Unauthrised O/Drafts and have been charged O/Draft interest on top of those charges.

 

I believe that my application for Contractual Interest is justified due to this.

 

Please continue this debate on my thread >>>Here so that we dont hijack Mindzai and Lucids thread.

 

Sorry Memnoch, seems I got the wrong end of the stick. I assumed (wrongly) that becouse you said you had no O/D facility, that yours was a cash account too. Apologies. I think I'm a bit apprehensive becouse we've had a few contractual interest disasters in the last couple of weeks where people have totally misunderstood the principles of claiming the contractual rate and have claimed totally random rates. Obviously its now clear that this could not be further from the truth in your case and you've clearly given it thought.

 

Sorry about the hi-jack too, M&L. After I answered on this thread I went to see if Memnoch had a thread of his own, found it and then pasted the same answer on it. I was going to come back here and remove my post replacing it with a link to Memnoch's thread, but by that time Mindzai had replied so it was too late.

 

Sorry again! I'll get me coat......

[donbracho]

hey just thought i would say wow ! have read this thread from top to bottom and its class wish you all the best am starting my girlfriends case as we speak and she received an enforcement notice like you guys started panicking then i said hey that letter rings a bell let me check this thread .....!!

[Memnoch]

Just bumping this post up to the top so others can enjoy the vastly professional letters on here.

[Mindzai]

Memnoch - I've just remembered you wanted copies of those letters - sorry about that it completely slipped my mind. I've got most of the stuff scanned, i'll do the last couple tonight and get them emailed to you.

[special_k]

I've been following your progress on and off but unsure of one thing.

 

Are you claiming BOTH statutory AND contractual interest?

 

K

[Mindzai]

No, you can't claim both.

[Neil Birch]

did you get a reply by your deadline?