Sharon V Lloyds Tsb

[bearo]

Hi all

 

Just thought I would log my progress here,

requested copy statements and charges on 07/08/06 and bugged the woman at copy statment unit (very nice lady i must add) to send them to me a bit quicker (didnt do much good lol) received statements today (only from 2001-2002) but also a few pages outlining charges, totted them up - comes to 749.99 without interest, rang to rerquest further statements, told that she wasnt required to send them as they sent all charges as requested, reminded her that I asked for a "list of ALL transactions and charges" She finally saw my point of view and apparently they are now on the way.

Still havent had my cc statements apparently they need to request them from brighton and then they are sent to birgmingham and then the send them to me - what a joke!

Have posted pelim letter via rec delivery this afternoon, here goes, I have already spent my money in my head lol!

 

Sharon

[bearo]

i have just thought, a question if someone can perhaps answer if for me....with the info I recevied today there was no mention of manual intervention or anything, just a covering letter stating that enclosed was the info i requested, do I therefore persume that by not commenting on manual intervention they have answered my question? or is this a clever way of avoiding the question? Ant answers gratefully appreicated!

[bearo]

If anyone can possibly help with the above q i would be really grateful - will put my mind at rest for the weekend! Cheers Guys!

[bearo]

Just an update, got all missing statements, pelim letter was sent 31/08/06 - got a standard letter this morning saying they were sorry blah blah and didnt agree with oft blah blah and that it was their final responce on the matter.

Just need to wait until wednesday now to send LBA - things ticking along nicely.

Sharon

[GaryH]

Hi fastpuss,

 

Going great so far, seems you've got everything nicely under control.

 

With regards to your question on manual intervention, worry not. You very clearly asked for evidance of it in your SAR, so becouse they've not provided any you can make a reasonable inference that none exists. A judge would also see it this way, I'm sure. In any case, manual intervention has never been cited as a line of defence in any of the claims against Lloyds, instead they much prefur the good old 'service charge' claptrap. My opinion is that this is designed for intimidation purposes rather than to be a credable arguement that would stand up in court.

 

Stand your ground, and keep us informed!

 

Gary

[bearo]

gary, thanks for your reply, yes they seem to be using the service charge thing as a excuse alright, just a question although they say that the letter i got this morning is their ifnal communication on the matter should i wait until wednesday (14 days) to send lba or coud i send it now?

sharon

[GaryH]

Up to you.

 

One arguement is, that once they have given you a definate 'final response', there's no way in the world they're going to change their minds so there's no point waiting, might as well file straight away. The other arguement is that you set out your 14 day deadlines, so you should be as good as your word and stick to them. Both points are just as valid, and to be honest its not likely to make any difference whatsoever in the long run, so really its down to which ever point of view you agree with most. Personally though, I stick ridgedly to the deadlines no matter what and wait the 14 days.

[christinajanep]

HI Sharon,

 

If i was you i'd wait the 14days as you really dont want anything to go wrong (not that it will) but if it did go to court and again not that it will atleast you can say you stuck to your word and followed your actions accordingly, you really dont want anything for Lloyds to pick on.

 

good luck

[bearo]

thanks for the advice! I waited the full 14

[bearo]

(last post posted when i wasnt finished!)

 

i waited the full 14 days, sent lba today, rec del,still waiting on cc statements to arrive, they have until friday, not holding my breath, i have already rang copy statement unit and was told that in their opinion they have until friday week - I informed her of my deadlines as I initiated contact, she didnt seem too pleased! lol

 

Hopefully they will come between now and then,

[reload]

>

[bearo]

opps! sorry point taken reload, just an update cc statements arrived this morning, will start a new thread so things dont get confusing!

[bearo]

well 14 days are up tommorow, I can now start court proceedings, Halifax were a piece of p**s but I doubt these boys will be, not according to the homework I have been doing on lloyds on this site.

Got all my forms typed up and schedule of charges, also got my court fee exemption forms filled in so will trot off to Leicester county court for the second time tommorow. They will get used to seeing me, I have another 5 cases coming up after this one lol!

Just as a matter of interest am I looking at early next year for settlement on this one do you think?

[GaryH]

Hi Sharon,

 

Yes, you do need a bit of patience with Lloyds claims. As long as you know what to expect though its not a problem. Certainly nobody should be put off by the amount of time it takes - thats exactly what they're trying to acheive, and remember that they ALWAYS pay every claim in the end. Besides, just think of your money as being in a savings account - and at 8%APR its a good one at that!

 

Early next year is probably a realistic expectation I reckon, especially with all the stays being ordered at the moment.

 

Let us know how you get on.

[bearo]

yes I have thought they same way about it, my husband remarked that you would be hard pushed to find many savings accounts that give you 8%!!! I am not really bothered how long it takes as its accruing interest as it goes, just makes me wonder why they are cutting of their noses to spite their faces by doing this - it is costing more to settle by being stubborn, then again I suppose if a case won and set a precendent they would be up the creek even more!

Thanks for encouragement! Will keep ya updated

Sharon

[bearo]

filed small claim on 26th Sept, will be deemed served on 30th sept, and they have until 16th Oct to reply....any one willing to bet they will enter a intent to defend???? lol!!!

[bearo]

Letter from court today, Lloyds intend to defend, now there's a suprise! Solicitors FOR Lloyds are Sechiari Clark and Mitchell, how funny that for once it is me acting as the claimant and having to deal with these guys - how the worm turns!

[bearo]

Aq and defence received this morning, defence is as expected nothing strange or new..I have until 13th Nov to return my AQ....

[bearo]

AQ was returned and a copy sent to Lloyds Solicitors.

Have received their AQ this morning, suprise suprise they have applied for a postponment for a month...

[bearo]

Update:

 

Notice of Allocation to Small Claims Track (hearing) received this morning.

 

The district judge, has considered the statements of case and allocation questionaires filed and allocated the claim to the small claims track.The judge has approved the case to be listed in a "back to back" small claims list.This is where large numbers of cases are block listed at 10am before a number of judges. The reason this has been done is to give you the earliest hearing available. Whilst this system allows us to give you an earlier date, it does mean that your case may not be heard until the afternoon.

The hearing of the claim will take place at XXX on 21st Feb at XXXX County Court and shoudl take no longer than one hour.The Court must be informed immediately if the case is settled by agreement before the hearing date

 

The claimant shall by the 15th Jan file and serve:

 

**Copies of any statements or documents relied upon as showing that each and every charge repayment of which is sought has been made.

**A statement of claimants own evidence, if such is to be relied on as tending to show that the alleged charges have been made or that they are irrecoverable as penalties.

 

The defendant by the 12th Feb file and serve a response to the listr of charges claimed by the claimant. stating in respect of each item claimed:

 

**Pursuant to what contractual provisionn such charge was made, producing a coy of contractual document relied

**Whether such charge is accepted to be a penalty and if not, why not.

**If such charge is alleged to be a pre estimate of the defendants loss incurred by the claimants actions, whether or not such action is to be treated as a breach of contract between the parties, all facts and matters intended to be relied upon as showing such is a proper estimate of such loss. and all evidence to be adduced as trial as to what is the true cost of dealing with the matter was.

 

This order has been made by the court by its on initative without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside. varied or stayed.

Such an application is to be made not later than 7 days after the date on which the order was served on the party making the application.

 

So there we have it

[GaryH]

Hi Shaz,

 

Those were the directions ordered in my case. Great, are'nt they!! Did you request them as per the draft order, or did the judge order them off his own back?

 

Heres my statement of evidance, feel free to use it if you like - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177

[bearo]

Hi Shaz,

 

Those were the directions ordered in my case. Great, are'nt they!! Did you request them as per the draft order, or did the judge order them off his own back?

 

Heres my statement of evidance, feel free to use it if you like - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177

 

 

Off his own dear back Gary! Fantastic arent they? I am very pleased! I have already been having a nosey at your thread and borrowed stuff lol...i was going to ask...honest!

 

Thanks!

[bearo]

Hi Ollie

 

Well you dont get much input on your thread do you...probably because you don't need it

 

Excellent order from the judge....and I assume you are fine in responding to it.

 

If you do need anyhelp give me a yell

 

Karne

xxxx

 

Thanks Karn! I may well take you up on your offer to scan over my reply when I get to it!