midge61 v Lloyds ***SETTLED IN FULL***

[midge61]

Help please

I am filling out form to take into the court. These probably seem daft questions but I want to get it right.

1.what do I put in 'brief details of claim

2.Is the value the sum claimed plus the 8% so £5336.83+£555.83 =£5891.83

3. in court fee is it just £250 or do you include AQ fee as well

4 where do i add the daily interest and how do i work it out

 

Sorry about this but really want to be sure i've done it right

Thanks in advance

[Michael Browne]

Brief Details: Refund of bank penalty charges

 

Value:

Bank charges - £XXXX

8% Interest - £XXX

Data Protection Act Fee - £XX

Total of - £XXXX

Plus daily interest at 8% of £1.17 from the date of issue until settlement.

Amount claimed: Charges + 8% interest + Data Protection Act

Court fees: £250

Sols costs; None

Human Rights: No

POC: See here:

http://www.consumeractiongroup.co.uk...hard-copy.html

 

Daily rate is just your charges X 0.00022

ie £5336.83 X 0.00022= £1.17

[midge61]

Thanks for that Micheal your a star:D

[midge61]

Hi all

Well I got my second fob off letter today personally signed by a Doug Whitehouse. So it's off to court on Friday as i'm in town and it's payday to file claim.

[midge61]

Hi

Note for me really to keep track. Went to Taunton today and filed claim. Lady said it would be done today so off we go!

[jonni2bad]

Best of luck

[freebird]

Hya Midge, good luck mate, have a look at some of our threads and you'll get the spec on the time Lloyds take to do things.....

frrebird

[midge61]

hi

thanks Jonni2bad and Freebird for your support. I have been reading through and hopefully I'm ready. So bring it on LTSB. As this account has been closed for some time theres noting they can threaten me with over that and the conditions they try to apply won't count. So we shall see........

Midge61

[midge61]

hi all

Notice of issue recieved this morning.

Case number 6TA02034 deemed served on 2/10/2006 and the defendent has until the 16/10/2006 to reply.

[midge61]

Hi all

well lloyds have til Monday to acknowledge and have not done so. I will ring the court on Monday pm to check but if there is still no acknowledgement does that mean that on Tuesday I can go to the court and request a judgement by default?

[jonni2bad]

Yes - but check by phone and make sure they haven't faxed something in at the last minute.

[midge61]

hi Jonni

Thanks for reply. Will phone first but if I do get to file for judgement are they likely to apply to get it changed and enter a defence?

[jonni2bad]

Likely? I'm not sure. It's a possibility of course, but that's as far as I can say.

[midge61]

Hi

I was thinking of writing a letter to go to the judge along with the request for judgement to try and explain that they only delay and never actually go to court and ask for this to be taken into consideration. What do you think?

[freebird]

do you know Midge, I'm thinking that the courts know that Lloyds are playing a delaying game but as it's happening to "everyone" I'm thinking that the courts are turning a blind eye, knowing that Lloyds won't win anyway...

saying that, non of it makes sense because you'd think that the courts would have seen enough now to know what Lloyds game is and they's be on their back to settle with us all asap, to avoid our cases going so far..................

 

I wish someone from the courts would post to give us there take on it all..after all we get posts from bank employees, giving us their take...so an annonymous court worker could do the same.......surely they converse with colleagues over this daily....?

[midge61]

Hi Freebird

Thats exactly what i was thinking about. Explaining that they delay in all cases and that they don't use the month to negogiate and that perhaps they should asign one of their staff to join the forum so that they can see just what is going on on the other side of the fence. Well if they have not aknowledged I think that tomorrow night I will draft a letter and ask for it to be attached to the request for judgement. Will post it on here for comments and Lloyds to see of course hehe!

[midge61]

Hi all

Well today is day 14 and as of yet Lloyds have not aknowledsed my claim. I will phone the court later to check but hopefully I will be filing for judgement tommorrw. I have decided that if I do I am going to ask for the letter below to go with the rquest. What do you think?

 

 

( my address)

 

17/10/06

Case no: ********

Dear Sir,

Today I have requested a judgement by default against Lloyds TSB. As a member of www.consumeractiongroup.co.uk I have been empowered to take on the might of an international company to reclaim my bank charges. Through the website I have learnt from those who have gone before me how to do this.

Also from reading other people’s accounts I am well aware of what may happen now. Lloyds play an exhaustive delaying game. They have never gone to court to actually defend one of these cases, always settling just before the court date. Perhaps you could suggest that one of the court staff could register with the above website’s forum and they would be able to read the many accounts of the banks actions, often underhand that are taken against people who make a complaint against them.

Lloyds will no doubt on receipt of the judgement apply to have it set aside with the excuse that there has been a simple mistake and that they have a good defence with a strong possibility of succeeding. This is simply not the case as they have no intentions of setting foot in a court room. They will then request an extra 28 days to negotiate a settlement. Lloyds policy at the moment is to refuse to enter into dialogue until you have a court date set and then they will wait until about a week before and settle.

I feel that this is an abuse of the court system and should not be allowed to continue. I am just a lone person and they are an international company with huge resources behind them and a specialist team of solicitors to act on their behalf. If they make a mistake then so be it, they should accept the judgement or file for an appeal. If they filed for appeal at least then they would have to go to court and a judge could finally force their hand into submitting evidence stating exactly how they calculate their charges and then finally a precedent could be set and then maybe the court system could be freed up from the many other similar cases that are brought.

I have spent the last five years battling with the spiralling effect that these charges have and have come to the conclusion that you need to have a sum of money large enough to clear your arrears and to put your account a month in advance to finally set your finances straight. This money from Lloyds will do just that for me. I will be able to feel back in control and no longer fear the phone ringing or the postman coming. Most importantly though I will no longer have to keep telling my children that they cannot have the things that they need when they need them, such as new school clothes.

Yours faithfully

Midge

[midge61]

Hi again

Well scrap the above. Lloyds aknowledged on the 13th and now have untill the 30th Oct to file their defence. Back to wairing then.

[midge61]

Hi all

Got their defence today.All usual stuff I think but not sure about no7

'The customer is notified of the charges in plain language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the Bank, and persuant to Regulation 6 of the UTCCR 1999, are not subject to assessment of fairness.'

Does this mean that the buggers are saying that they are exempt from disclosure?

 

Also recieved AQ but my claim is over the 5k mark so its the 150 one.

 

Also recieved letter about going to mediation and the form I have to return says that if I do not try it the judge may consider this unreasonable! but I can't afford to pay another £250 for this.

 

All advice gratefully accepted as I now feel very nervous about this and don't know what to do.

[GaryH]

That part of the defence is just the standard rubbish, take no notice. They're just saying that the charges are a legit contractual service, price's of which are pre-advertised, and therefore they do not have to be 'fair' or bear relation to their actual cost as would a penalty. Of course as we, and they, very well know, its all bluff. They are attempting to disguise they're charges as service charges to circumvent the common law and UTCCR prohibition of disproportionate penalties for breach of contract.

 

As for mediation, don't worry about it - again, take no notice. Lloyds TSB have already (presumably) explicitly stated that they have issued their final response and will no longer discuss the issue, which does'nt leave much scope for mediation does it! A judge would not expect you to try mediate with a party who have closed the lines of communication, especially not at your own expense.

 

For help with the N150, see the templates library.

[midge61]

Hi Gary

Thanks for response. So on the mediation form should I put that They have refused so far and therfore I do not see this as a positive action to take plus I can't afford it?

[GaryH]

Yes, write a short letter or paragraph on the form or whatever, to that effect and enclose the letter that Lloyds will have sent you saying that they have issued their final response. You did get that one, yes?

[midge61]

Hi Gary

Yes I did. Should I enclose the origional or a copy?

[GaryH]

A copy - you need to keep all origional correspondance in case it did actually go to court. Ok, so its not going to happen, but its still good practice anyway.

[davethecabbie]

hi midge

looks like i will be following you all the way.ltsb have issued a defence but im still waiting for it and the aq.i will let you know when it turns up dave