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

[photoman]

Such a great story from start to finish...............perhaps you could still benefit after all by selling the film rights !!!

[ladybird17]

Well Lucid, even if it is the flat you're living in, it will still be yours, and now it looks like your luck has changed for the better. Hope you will keep dropping in to this site from time to time, because I for one have learnt a lot from your posts, and of course Mindzai's spreadsheet has been given great reviews! So I'm sure you would be able to help future claimants.

[empowered]

Congratulations again to you both - you both deserve to get your additional costs after all you have gone through. I hope you will be very happy in your home (not new but now yours!) and.... if you get the dog, for heavens sake get it insured! Our 18mth Lab has cost £3500 so far in vets fees but the insurance has met most of the cost! Please keep a beady eye on the site cos so many of us will need your advice - who knows, a new career (or book!) may beckon.

Debs x

[lucid]

Thanks photoman, ladybird and empowered.

 

Yes we will be sticking around to help others.

 

Debs - we've already got the dog as seen in my signature picture below and another picture is in my profile, probably very over the top but he's very special to us and I like showing him off. We rescued him from DogsTrust Salisbury when he was 18 weeks old, he's almost 4 now. We just don't have a garden for him at the moment but he copes very well. I have to take him out for several walks a day to compensate. Yes we do have insurance from him - it's definitely worth having just in case.

 

Lucid

[tbell]

Hi m&l

 

just to say again im so happy for you both

 

But dont disappear...need you to see me claim from lloyds WITH contractual interest...lol

 

tbell:) x

[natwesttookmymoney]

Well done, Lucid (&Mindzai). Fabulous stuff!!!!

 

Westy

[Guest Battleaxe]

Well done to both you and Mindzai. May the future be sunshine and roses.

[bigmama59]

Well done to both of you. I do love a happy ending:)

[griffin9959]

Thanks to both of you. Your posts have been an inspiration !!!

 

Congrats and best wishes

 

~S~

Griffin

[DollyDayDream]

Thanks for your inspiring example. I have followed your thread with interest and admiration. You have certainly blazed a trail!

DDD.

[amber_ellie]

I have read through this thread and can only say you deserve every single penny repaid to you. What an inspiration to us:).

 

Congratulations and very best wishes to you both ...............oh and the pooch!

[lucid]

Hi everyone,

 

We got an order for each of our claims from the court today:

 

General Form of Judgment or Order

Upon reading letters from both sides

 

IT IS ORDERED THAT

 

1. Hearing vacated

 

2. Claimant's application for costs based on defendants alleged unreasonable conduct of the litigation be adjourned generally with liberty to restore.

 

3. Defendant be permitted to reply to claimant's application contained in claimant's letter of 06/02/07 a copy of which is attached to this order, in writing to the court and claimants by 15/02/07.

 

4. Claimants be permitted to respond (if so advised) to the defendant's reply referred to in clause 3 of this order by 01/03/07.

 

5. District Judge xxxx will issue a written decision no later than 7 days after compliance with clause 4 of this order. Dated 07 Febraury 2007.

Attached to this order is our letter to the court, the Lincoln abuse order, list of settled cases and our schedule of costs. I wonder what the bank's response is going to be - if any. I guess they're going to have to try to explain how they've behaved reasonably. Am I right to assume that the court will have sent a copy of this order to the relevant department of the bank along with our letter and schedule of costs? I'm just a bit concerned becuase we sent our letter and schedule of costs unrecorded to the Recovery Centre - not SC&M. I'm probably worrying about nothing but don't want the bank to turn around and say we never sent them this letter - just because I sent it unrecorded or possibly to the wrong department. I suppose if the court has sent them the order it doesn't really matter if they deny us sending them the letter.

 

We'll update if we hear anything from the bank.

 

Lucid

[GaryH]

Oooh lovely!! Can't wait to see how this pans out - very interesting indeed. The ball is now very much in their court to respond to the allegations contained within your letter. I can't see them responding at all to be honest, but I could be wrong.

 

This is fantastic and is now the way forward IMO. They've got away with settling quietly at the last minute by the back door for far to long, if we can force some consequences such as in this case then it becomes less comfortable for them to continue as they have indefinately, and hopefully we'll start to see much earlier settlements. The screw is most definately turning!!

[lucid]

I completely agree and I advise anybody who is in the process or is beginning the process of claiming back their charges to note down everything you have had to do and spend to pursue the claim - because it really does add up, and it's comletely unfair that we should have to pay out for their time wasting. I'm not certain that we will get costs awarded or not but I think it's worth everybody attempting.

 

Lucid

[natwesttookmymoney]

Hi, Lucid

 

The Court will send a copy of the Order to SC&M.

 

In general terms, once a case is carried forward by solicitors, that's where all correspondence relating to it should go. Shouldn't worry on this occasion, though but it could have been different if, for example, you'd sent a CPR Part 18 request to the Recovery Department, rather than SC&M. They could then legitimately claim that they hadn't receive it and you were taking the mick if you applied for a strike-down or anything.

 

I also think it's best to send everything Special Delivery - guaranteed next-day delivery, signed for, tracked on the web, etc., etc.

 

But well done - it's looking very good for you.

 

Westy

[natwesttookmymoney]

It's particularly nice that the Judge is only giving them 7 days to respond.

 

About bl**dy time!

 

W

[lucid]

Hi Westy,

 

Yes normally we have beens ending everything first class recorded but I think we thought that there was no point with this as technically the claim had finished - that's also why I assumed I had to send it to Customer Recovery (which is the bank address we put on our claim form). Nevermind - at least it won't affect it in anyway.

 

It'll be very interesting to see what they say - if anything. My first thought was the same as GaryH's in that they won't reply - how on earth can they prove they've acted reasonably? I assume if they don't we just write to the Judge at the deadline and let them know - I guess this will be even more proof of them behaving unreasonablynot look good on them at all. Then I assume it's down to the Judge who may very well not award costs at all. But I think it's a good thing that the Judge has given this order though when they could have easily rejected our costs claim.

 

Lucid

[natwesttookmymoney]

Yes - it looks promising.

 

W

[wheresmyhairgone]

started reading this thread at 02.30. finished 07.34

 

what a fantastic read l & m well done

 

when will this be avaliable in hardback?

[natwesttookmymoney]

:d:d

[Nads]

Hi everyone - I've got a good update.

 

Checked my sole account balance again this evening to see that H OFF-FINANCE(AG7) have paid in £683.57! At today's date the total owed to me with interest is £749.62. So I've just been doing some working out and I have come to the following conclusion on what they have paid:

 

Total charges of £380 and overdraft interest of £72.03

Court costs of £80

Letter writing costs of £6

29.85% contractual (compounded) interest up until the date I filed the claim of £140.55

 

This makes a total of £678.58. Then they have very randomly awarded me 10.32 days interest at the daily rate of £0.48 which makes £4.99. So as of today's date they still owe me £66.05.

 

I've been through all of the options and they definitely have awarded intreest at the unauthorised rate. So it looks as though I am going to be phoning them tomorrow (if they're open) or on Monday to accept it as partial settlement and to get the rest of my money. It's very almost over for my sole account though. Unfortunately the majority of their payment has been swallowed up by a £609.69 overdraft but at least it no longer exists.

 

Still nothing on Mindzai's sole account or the joint account. We will keep checking over the weekend. I wasn't expecting it though as my account was the only one not to receive a settlement offer. We're not going to be celebrating yet - not until all of our money for every account returned, but it certainly looks promising.

 

Lucid

 

Hi Lucid,

 

I am pretty much ready to send my Prem letter, can you tell me on you stated when added the contractual interest. Is the following okay or should I included more:

 

"I calculate (inclusive of £84.93 contractual interest) that you have taken £539.93".

[lucid]

Hi Nads,

 

We put the following in our LBAs:

 

I calculate that you have applied £xxx in levies and further, I also claim interest at a rate of 29.8% AER as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your Unauthorised Overdraft interest rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed as of today’s date is £xxx.

 

That's how we worded it anyway.

 

Lucid

[Nads]

Hi Nads,

 

We put the following in our LBAs:

 

 

 

That's how we worded it anyway.

 

Lucid

 

Thanks, I'll be posting mine off 2morrow, LOL

[spiritgirl59]

Congratulations to you both Mindzai & Lucid !!

 

I am so chuffed for you - you both deserve a medal for your patience and tenacity, and I am so so glad its all paid off for you both.

 

I too have been following your thread with interest, but have been away from the pc for a few days - I was delighted when I checked in today and saw the result!!

 

WELL DONE!!!

 

Spiritgirl

[Mindzai]

Lloyds time for complying with the Judge's order was up yesterday. we haven't received anything, so we will be posting this today:

 

Dear Sir/Madam,

 

I am writing in reference to the General Form of Judgement or Order issued on 8th February 2007.

 

I would like to inform you that the Defendant has not replied to our application for costs based on the Defendant’s unreasonable behaviour by the specified date of 15th February 2007, as outlined in clause 3 of the order.

 

Should the Defendant reply to our application at any point, I will endeavour to ensure that our reply reaches you on or before the deadline of 1st March 2007 as outlined in clause 4 of the order.

 

Yours faithfully,

 

 

 

Mindzai