Pls help I'm submitting my claim!

[GaryH]

Did you receive a list of charges under a S.A.R - (Subject Access Request)? If so, use that. If not, just include the statement pages that show charges - no need to include the pages without charges on them.

 

Just submit the statements you have got, don't mention in your bundle that part is estimated. If Lloyds pick up on it though, they may offer settlement minus the estimated part. You would probably be advised to accept this - as long as it was the full amount apart from that, obviously - as its your responsibility to prove that the charges have been made.

 

You could then submit an SAR and claim again for the amount that was'nt included at a later date.

 

It does'nt matter alot, but personally I'd put the statement of evidence in between the account statements and the case law summery.

[leamarie]

Thanks Gary you're a star, didn't want to sound like a complete idiot but thought it best to check!

[leamarie]

Gary, I've just been reading your statement of evidence and it says ONLY to submit this if you have those directions from the Judge. My directions read 'Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing. The original documents shall be brought to the hearing.' Do I need to include this?

[GaryH]

Its not essential that you include it I suppose, but it does add weight to your bundle - the more material you can add the better.

 

What I said about only submitting the statement of evidence when the directions were ordered was becouse people were getting confused on the "new AQ strategy" thread and thinking that the statement was actually to be attached to the AQ alongside the draft order. I was just making clear that it should only be submitted after the directions have been ordered, not before. Although it was written as a response to those specific directions, its still relevant to any evidence bundle so I would say you should include it, as well as the supporting documents listed below it. The BBC commission conclusion in particular is very useful.

[leamarie]

Ok thanks that's great, I think I misunderstood, I will add it in then.

Also I've just been looking at the OFT Summary and the link takes you to something titled 'OFT's Action on Credit Card Default Charges,' I'm claiming for my current account so is this relevant or have I looked at the wrong thing by mistake? Thanks again

 

[GaryH]

It primarily focused on credit cards, but did also state that the principles of its findings would also apply to current accounts. Its worth including anyway.

[leamarie]

Ok thank you, panicking again for no reason

 

[leamarie]

Ok thank you, panicking again for no reason

 

[skintandbroke]

Hey Leamarie

 

Just wanted to say that this has been a very interesting and informative read. I wish you all the luck in the world with your claim, and i'll keep note of a lot of the posts on your thread as and when I get to each stage.

Keep us posted, I hope they settle for you soon.

[leamarie]

Thanks for that, I hope I'm near the end now, its very exciting but quite scary at the same time!! I would never have been able to get this far though without the fantastic help I've received from Gary H. He's helped so many people!! Will keep you updated.

 

Good luck with your claim

 

[leamarie]

Hi,

Just another update, working on court bundle and its going well at the moment. Printed out all documents, hole punched and bought project folders etc. Last thing I need to do now is just sort out all my correspondence. Might be a petty question but I've hand written some of the letters, which have not photocopied fantastically, so is it best to type them up or is it important to have copies of the actual letter sent? Also should I file them all in date order or file them in 2 sections e.g sent & received? Don't think it really matters, just checking.

Also am I right in thinking any letters received with 'Without Prejudice' on them, I shouldn't include?

 

Thanks in advance

[leamarie]

Oh just thought of another thing, just been reading quite a few threads lately and everyone has been phoning the solicitors when they've been at the same stage as me. I haven't made any calls, do I really need to? Don't really like the thought of it to be honest.

 

Lea

[darling1]

No you cannot include any letters that have "Without Prejudice" on them. Also the letters in the bundle should be copies of the originals as they are evidence.

When I went to court recently I put everything in date order.

[elsinore]

Oh just thought of another thing, just been reading quite a few threads lately and everyone has been phoning the solicitors when they've been at the same stage as me. I haven't made any calls, do I really need to? Don't really like the thought of it to be honest.

 

Lea

 

There are a number of people, me included, who think that it might be counter-productive to ring the solicitors, especially if you are considered to be pestering them. If you prefer not to ring them, you are not desperate and you have patience, then that's fine.

 

Elsinore

[GuidoT]

I am wholly with Elsinore on this matter, I would not phone them. It is likely they are briefed on how to be unhelpful, stall matters and be rude generally, thus discouraging claimants.

 

Their usual line is 'awaiting instructions from client', I am not sure how this can be so given that SCM are a part of Lloyds TSB Asset Finance owned by Lloyds TSB.

 

Subject to court deadlines they will settle in their own time.

[GaryH]

When the deadline comes for document exchange (assuming you haven't received anything), use these rather than ringing - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

[leamarie]

Just wanted to say thanks everyone for your helpful advice as always.

 

Court bundle deadline is 9th February, so will have the court bundle non-compliance letter ready to send the following day. Will just include copies of originals in chronological order.

 

Going to use this weekend to get it all finished off, feels so good to have the end in sight now!!!

 

[leamarie]

Hi, another update....

 

Submitted my court bundle on wednesday as the deadline was today. I haven't been home to check the post yet but I very much doubt I will have received the bank's evidence anyway.

I will send the non-compliance letter Gary has suggested on monday and also a copy to the court.

Just keep thinking all the hard work is over now, just have to be brave and play the waiting game! 14 days to go!!!

 

[leamarie]

I've won, checked my account today and the money was paid in 2 days ago!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Just need to check that the figures are correct. 3 seperate amounts were paid. One for charges taken, one for court fees and one amount for interest (I need to check this figure is right).

Soooo happy! Just want to say thank you to Gary H for all his help.

Think it's time to donate!!!

[BARTY]

Congratulations!! :D

Barty:)

[GuidoT]

Nice work. To close matters out go here, you must let the court know:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

 

I had a quick look back over your thread just to see how much your claim was for and saw GaryH's post 6 and it said 'not long till you get your money back now!' and that was on the 12 September 2006 and it made me laugh (for once he was wrong ).

[GaryH]

Wooohoooo!!!!! well done Leamarie!:grin: CONGRATULATIONS!!!I was wondering how it was going - thats pretty much the last of the 'old school' been settled now then - just Cat still to go but she's posted today as well so hopefully thats settled to, I'll pop over and find out in a minute.

 

As GT said, you must let the court know. Also, as they messed you around so much I think you've got grounds for requesting your costs be awarded. I did a letter for Sweetpants last night which your welcome to use it if you wish - there's certainly nothing to lose anyway. I'll find the link in a minute.

 

I had a quick look back over your thread just to see how much your claim was for and saw GaryH's post 6 and it said 'not long till you get your money back now!' and that was on the 12 September 2006 and it made me laugh (for once he was wrong ).

shhhhhh..... don't tell anyone!!!

[GaryH]

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html

[elsinore]

CONGRATULATIONS!!

 

Well done leamarie, patience duly rewarded!

 

Elsinore

[skbuncks]

:)congrats Leamarie Its Been A Long Battle But You Had Them In The End. Woohooooooo:)