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

[tim2718281]

That's very nice of them

 

Now write and ask them for the cheque, and if they don't issue it, carry on with the court case.

 

I believe they have no right to claim priority over your other creditors.

 

Tim

[jillg]

I like the idea, Tim. I would never have thought of that and I will seriously give it some thought as they obviously took the excess overdraft which was only one of my debts. Hmmm

 

Thanks Mindzai, will send off letter today and may incorporate it with Tim's suggestion.

[jillg]

Sent letter to scm informing them that as their clients didn't comply with the terms of settlement ie pay the resently applied charges and pay me by cheque that I will be going ahead with the court case against them, and as a result I will be seeking compensation for undue hardship and distress caused by their actions.

Court date is 27 Nov. Can't wait!

[pbeales1]

hi jill, am awaiting my aq, 28 days where up last night and they defended it right at this last minute- as per usual with these guys it seems now.

 

Good luck in your quest and would you given your experience so far have any tips?

 

Phil.B

 

24th Aug 2006 - Small Claims Court action filed

26th Aug 2006 - Claim deemed to have been served

6th Sept 2006 - Defendent filed an Acknowledgment of Service

26th Sept 2006 - Defendant's solicitors filed a defence (Sechiari Clark & Mitchell).

Currently awaiting AQ.

[syngress]

Almost the same time scale as mine is running too, I had a letter today saying they had filed a defence and I am now awaiting my AQ......Why cant they just admit they are wrong and pay up

 

 

Mike

[jillg]

When you get your aq fill it in and return it , send a copy to lltsb sols.

they also get an aq, so you will get a copy of this.

 

on mine they had ticked the box requesting a further month ,supposedly to come to some agreement.

 

when you get this give them a ring (see earlier posts in this link) and dont settle for anything less than they have taken from you.

 

As you can see I got most of my money but have told them that I am going ahead with the court action as they have not complied with my terms.

 

It's a pity that they waste so much time and obviously there money.

It must be costing them a fortune in solicitors fees.

Do I care?

 

Don't be intimidated. Good luck. Jill

[Number6]

As I've said before.... ring them straight away if you get this.

They've asked for a month to settle so ask them what their offer is,

if it's not 100% what you want then reject it (in writing) and write straight back to the court to tell them they won't settle.

 

Then ask for the stay to be lifted on the grounds that all other avenues have been exhausted.

 

Pete

[jillg]

Today I received a letter from SCM telling me that as the settled at the end of August they have told the court that the case is settled and that i should do the same. NO WAY!! As they are still adding charges to the account which I have not been able to use as I can't afford to lose any more money I will see them in court on 27th Nov. I am so angry about the knock on effect that the charges have had on my family's finances that i owe it to them and myself to make this stand. It really has been horrible and very upsetting.

Jill

[Number6]

It is a nasty vicious circle isn't it.

 

Good on you for sticking to your guns. Keep at it, they will settle with you.

 

Keep the faith!

 

Pete

[jillg]

Thanks for the support Pete.

Has anyone recieved any compensation for the problems caused by bank charges?

Also, Got letter from bank yesterday, telling me that my overdraft facility has now been removed and that they will now be charging me 29.9% apr on the amount that i am overdrawn (Over £600). Its Ironic that I am in this position as a result of their charges. I know that they are trying to make me afraid of going to court but it won't work because I am too bloody angry.

Got the date of the court hearing mixed up - it is on the 21st. Will keep you all posted!

[jillg]

After the bit about being able to reclaim charges if you are in financial difficulties I wrote to lloydstsb asking for my money back as we are really in deep sh--. We have got 3ccj's and have arrangemnets with our creditors etc and basically have no life apart from work worry and stress. we can't even afford to get our son a birthday cake never mind a present.

They wrote back to me on 19 of August saying they would let me know in a weeks time. They got back to me today with a standard letter that just explains about charges and hearings etc.

Obviously I am feeling messed about and very frustrated but don't really know what to do next.

Any suggestions?

[Michael Browne]

See here for the latest Direction from the FSA as how banks should treat hardship claims:

 

Hardship & Stayed Claims - Consumer Wiki

 

Write back asking them to treat your claim as financial hardship as per the FSA waiver, quoting any relevant parts and enclose an Income & Expenditure sheet. Such as the one here:

National Debtline England & Wales | Personal Budget Sheet

[Belville]

Have a read of this and contact Jon bundy on the number in this thread

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/155937-theres-hope-those-hardship.html

 

Good luck

belville