Lloydstsb reclaiming court claim issued **WON** but more charges!!

[jillg]

hello to everyone.

At last I have (I think) found out how to 'post'!

just found out that llodstsb have filed a defence. I know what happens next but am worried. Have they ever won?

They have taken about £4000 from my account and have just phoned to say that they are going to take action against me because I am overdrawn by £1100. Politely told them what they could do.

Also feeling the effects of snowballing! Got a letter from court regarding house repossession and bailiffs are threatening to take the car if we don't pay the rest of the council tax for last year. This is all as a result of the bank xxxxxx money from my account and can be sorted if I win.

 

 

Edited - please do not use words or phrases that may be libelous

[thewifeandI]

Tell them that the balance is in dispute (due to an unlawful level of charges) and they are not allowed to take any further action until the dispute is resolved.

 

Only one case has knowingly been lost, but that was where the claimant wasn't well prepared, and the defence that was used by the bank has successfully been countered since then.

[jillg]

Thanks Jeep,

It is reasuring to know that at least I have a fighting chance and what to tell them if they phone again.

When I sent my DPA letter and payment they asked if I would like my statements for my Lloydstsb credit card as well.Obviously I said yes but they only sent some. I have phoned them and asked for the rest but they still haven't arrived. Can anyone suggest what I should do?

jillg

[jillg]

I've just received an allocation questionnaire. Can anyone advise on filling it in please? Feeling very worried and desperate about the whole thing as we are struggling financially and need to carry on with this claim to get us out of the mess we are in. Almost £4000 riding on this.

[welly]

Hi jillg

 

You need to post this in the LTSB forum as this is just for 1st post's from new users:)

 

Goto the LTSB forum and start a new thread in there and someone will help you;)

[jillg]

I've just received an allocation questionnaire.

Can anyone advise how to fill it in please?

 

Very worried and stressed about the whole situation as we are in a complete mess financially but can't and won't give up as this could help us get a bit sorted.

 

Almost £4000 riding on this.

 

By the way the bank are still adding more charges each month.

 

What do I do about these?

[david Reed]

try pm (ing) a mod do this by looking through threads for a moderator or helper? click on their image or name and go to pm this person you can then e-mail them some questions. Stay calm though buddy I am sure you have nothing to panik about!?

[jillg]

Thanks for the advice, Dave! Will start looking.

[sidvicious]

jillg

there is full directions in the template library,under allocation questionaire

[jillg]

Received allocation questionnaire from lloyds tsb today. They have ticked the box to say that they want an extra month so that they 'can attempt to settle the claim either by informal discussion or by alternative dispute resolution.' They have also ticked the yes box to say that there are days when they cannot attend court for the hearing and that is... all of September. I am a bit confused. Does it mean that they are going to make an offer to pay back my money or are they delaying further??

 

I also had the opportunity to talk to Mr. Thomas yesterday and told him that, as the bank had not made a counter claim against me, they should stop trying to intimidate me with court action as I am overdrawn on my overdraft as a result of their charges and as I have taken action against the bank they can do nothing until that matter is resolved.

[sonic007]

hi jill

could you tell me where to send my S.A.R. Letter to?

[jillg]

Hi sonya,

I sent mine to my branch, but there you could send it to Customer Care, LLoydsTSB, 125 Colmore Row, Birmingham, B3 3SF

Good Luck!

[elsinore]

jillg, there are no depths to which LTSB will not sink in order to deflect you from your mission.

 

Give the sol's a call (or write) saying yes, I'm ready for an informal discussion, what have you got to say? Or, perhaps you would like to indulge in some alternative dispute resolution, please go ahead. Let's get it over with!

 

If you get a derisory offer, or no offer, write to the court explaining that LTSB have already had xx days to resolve the matter and have so far refused to negotiate. You have therefore exhausted all possibilities for agreement and totally disagree with any further delay. Send sols a copy of that letter.

 

Who is Mr Thomas?

 

Elsinore

[brecken]

Morning jill,

I called scm at this stage to ask why they needed a further month and I cant go in to detail sorry but lets say I'm gonna have a good weekend, read my thread brecken v Lloyds

Bet Mr Tomas is ready for a holiday lol

[jillg]

Hi Elsinore and brecken and anyone else reading,

Many thanks for the advice. Will contact sols Tues am. Need to get this sorted asap.

Mr Thomas , I believe, is the sol dealing with this. He said that he is only acting on the instuctions of their clients when I told him to stop sending me threatening letters about taking me to court because I have exceeded my overdraft ( which is as a result of the charges against my account). I also pointed out that they did not counter claim so basically they can wait till they pay me!

And yes... he did sound like he needed a holiday!

[jillg]

I understand that one of the conditions of settling is that the bank will credit the account with any money refunded. Can they withdraw my overdraft and can they take money out to pay my credit card? We are in serious financial trouble as a result of the charges. We have a repossesion hearing on our mortgage at the end of september. If I am able to have control of my money if and when they do refund, then I can get sorted but if they start taking it, then we are in deep s--t.

[Mindzai]

Tell them that you want the money in a cheque as one of your conditions of settlement. They have no right to tell you what to do with your own money.

 

be aware though they are within their rights to demand payment of the OD and CC so may have to come to some arrangement once you have your money. The format you recieve it in though is entirely up to you.

[brecken]

Sorry to hear about your troubles jill, I hope you get what you want.

I'ts no fun is it.

Good luck, keep us informed.

Love, Brecken x

[mooreda]

JillG - please can you confirm how many days after the Issue/Service Date - LLoyds TSB filed a defence/you received the Allocation Questionnaire?

[jillg]

They left it till the very last minute.

[jillg]

Just recieved my offer from SCM. I am not happy with condition 3:

"Payment of £XXXXXXX will be paid in full and final settlement of this claim and any future claims you have or may have against LLoyds TSB Bank plc arising out of, or in any way connected to, this claim, and any further charges on your account."

 

What's all that about? Does it mean that the bank can charge me again and I can do nothing about it? I'm also about to go for the charges to my credit card account.

 

I can't delay too long on settling because of the situation with the mortgage , but I can't sell my soul to the devil either.

 

By the way I,ve just checked my account and found that they have taken a further £98.01 yesterday! Do I tell the solicitor that they now need to add the £98.01 to the settlement?

 

Time is really of the essence in my case, especially as I am going to request payment by cheque.

 

I don't think I have ever been as stressed as I am at the moment.

[elsinore]

Take a look at this

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/1777-mjanet-lloyds-unconditionally.html?highlight=mjanet+v+lloydstsb

 

and follow what mjanet did.

 

Elsinore

[Mindzai]

Firstly, do not agree to that condition. I suggest you remind SCM who is suing who. Absolutely do not be coerced into agreeing to that. Secondly, yes tell them to add the £98 and anything else they are thinking of charging you in the near future.

[jillg]

I think Lloyds are trying to pull a fast one!!!!

 

I returned the offer to scm with the bit about future claims etc deleted and signed.

I also told them that I wanted paying by cheque and that they should also refund the £98.

I added that I would not be coerced into accepting any other conditions.

 

Yesterday I checked my account and found that they have credited it with the original amount, which really annoyed me, if you know what I mean. They have to have control of my money and where it goes and also have the last word.

 

I went straight down there and got a cheque made out to pay the mortgage (to stop the repossession hearing).

They charged me £10 for this! ( my debit card had expired last month and they didn't send me another one)

 

Now I am going to phone to see if they will refund the £98 or I will start again.

 

Today I have at last received the statements for my credit card after sending a letter re court action if they did not reply in 7 days (from templates). I have been waiting for these since March!!!! but because of a feeling of inertia due to our financial situation I didn't feel able to tackle that at the same time.

 

Having won, I now (well almost) I feel I can now do it.

 

Last night I slept through for the first time in ages, knowing that the repo hearing will be cancelled.

 

Cheers everyone. I couldn't have done it without you.

 

Just phoned ltsb only to be told that they are not in a position to refund the £98.

so it looks like I have to go through all the process again!

 

Has this happened to anyone else?

 

These charges have been added whilst their solicitor was offering to settle. It is so frustrating and annoying!!!!

[Mindzai]

Make sure you send them a firm letter reminding them that they have just settled for the amount they took PLUS costs and interest. Point out that in light of the fact that you have demonstrated that you will not stand for their unlawful charges, it will be in their best interest to repay the charges now before they incur further costs and end up paying them back anyway. Probably wont get you far with Lloyds because they are so stupid and arrogant that logic doesn't seem to apply, but it's worth a try. I'd avoid phoning them where possible because their phone staff are invariably useless.