kaz v lloyds visa ***WON***

[karens25]

thanks reload and gary for your responses.

have received lloyds allocation questionaire this morning, they have asked for a one month postponement (so we can attempt to settle the claim, yeah right!) then they have stated intend to call one witness, who can this mystery person be?! and what will they say???! i dont believe they have a witness as they know it wont get that far! (she says hopefully)

And finally for their defence they intend to rely on the terms and conditions that govern the account.

i will get mine in the post monday morning, complete with YOUR words gary!

thanks again

kaz

[GaryH]

Sorry, I did'nt mean to sound petty!

 

Anyway, the mystery witness is a standard response on all their AQ's. I often wonder if its the same witness!? Anyway, thats certainly nothing to worry about.

 

The month postponement is also standard and in most cases is used solely as a delaying tactic which is obviously abusive of the system. It gives you a chance to ask them exactly what they're proposals are for settling though, soon as they've indicated that intention. Send a letter to that effect and copy it to the court. Use this if you like - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/12728-rinch05-lloyds-4.html#post369418. Alternatively, Elsinore's got some great letters for the same purpose on his thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/14861-elsinore-ltsb.html

 

Good luck!

[karens25]

thanks gary

hey, i never thought you were being petty,that wasnt meant as sarcasm!! its just a good job youre around!! your input is really helpful!!

will check out those threads...

thanks again, will keep you posted, i actually feel as if the end is in sight, hope these arent famous last words!!

take care

kaz

[karens25]

hi

can anyone point me in the direction of a thread where the claimant refused to have the money paid into the account and insisted on a cheque instead, i know ive seen one out there somewhere!

thanks k

[karens25]

hi

wrote back to jane frowde accepting the £128 as partial settlement and pointing out yet again that the account is in dispute and therefore i wont be making any payments until the dispute is resolved... had a letter from them yesterday again offering the £128 as full and final settlement, it the goes on to say and i quote..

You also make reference to the Baking Code with regards to collection activities on an account where the balace is in dispute. Whilst i agree with this, the fact remains that you are not disputing the whole balance on your account, you are only disputing the charges, which total £332 and the associated interest which you have calculated at 8% being £96.29. therefore yo should continue toi make payments to the account in the normal way.

arent i disputing that the balance should be £428.29 less????!!

they seem to be totally unaware that in their aq sc&m have asked for a months postponement so we can attempt to settle the claim!!

k

[karens25]

ive been negotiating with nat west solicitors and have finally reached a settlement, but a couple of weeks ago i received notification of a court hearing set for march, told cobbetts i was willing to vacate this hearing when i got my money... they knew nothing about it (the hearing with them was set for 2nd jan!!) woke with a start at 3 a.m this morning as i realised this is for my claim against lloyds.. i hadnt checked the claim number, really panicking now as i need to prepare the court bundle, ive got 13 days left!! dont feel equipped for this at all!!

help

k

[GaryH]

Don't panic, just get your bundle off ASAP. So the hearings in march, yes? What were your directions?

With regards to your evidance, you need everything from the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html from the templates library, all correspondence between you and Lloyds, your statements or account information, a schedule, the McNamara interview (templates - soundfiles) and edit this to suit your claim and add it to your bundle too - GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!.

 

You need 3 copies of everything. File one at the court, serve one to Lloyds sols and keep one for yourself (this should include the originals).

 

Get this all off and then ring SC&M and ask where their documents are. They should then say that the settlement is in the post.

[karens25]

cheers gary, you make it all sound very simple!!

just off to work now but will let you know later what the directions are.. hope you'll be hanging around, feel like i might need you!!

thanks again k

[GaryH]

It is simple when you know how. You'll see.

 

Its just a bit of a pain printing all the paperwork off thats all. You may need an extra ink cartridge!

[karens25]

hi gary and happy new year!

have already bee and bought extra ink cartridge, and thanks for the ecouragement..

as for the directions:-

the claiment shall within 28 days of service of this order send to the court and to the defendant

a) a schedule setting out each charge of which is sought, showing the date, amount and alleged reason, if any, for that charge being made;

 

b) copies of any statement or other document to be relied upon showing that each ans every such charge has been made;

 

c)a statement of evidence, if such is to be relied upon, as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties, and if so, identifying the relevant clause(s) pursuant to which the charges were applied.

 

d) copies of decided cases and other legal cases to be relied upon.

 

if the claiment fails to comply with this order, the claim will be struck out without further order.

 

the defendant shall within 28 days thereafter file and serve a responseto the claiments schedule, stating in respect of each item claimed;

 

a) pursuant to what contractual provisionsuch charge was made, producing a copy of the contractual document relied upon;

 

b) whether such charge is accepted to be a penalty and if not, why not;

 

c) if such charge is alleged to be a pre estimate of the defendants loss incurred by the claiments actions(whether or not such actionis to be treated as a breach of the contract between the parties)all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

c) any witness statements

 

e) copies of decided cases ad other legal materials to be relied upon.

 

if the defendannt fails to comply with this order, the defence will be struck out without further order.

 

i suppose they intend for us to feel exactlly as i have, i.e panic stricken! and had it not for my recent dealings with nat west, the court case is scheduled for today but because of the holidays (and the fact that i thought they had moved it to march!) i havent had chance to vacate it yet, but they have been so desperate for me to settle i think they would have given me the moon had i asked for it!! so its encouraging to know that the banks really dont want to go to court do they?

sorry went on a bit there!!

karen

[GaryH]

Ohh lovely! Those directions are the good ones! Which court was it that ordered them, just out of interest?

 

You need to provide -

 

a) your schedule

 

b) your statements. Alternatively, the account info provided under your SAR

 

c) a statement of evidance. See my sig for a link and use the first one - "Service charge"

 

d) decided cases and statutes - ie. UTCCR's, UTCA, SOGA, Case law. See the court bundle in the templates library.

 

Get all that off by the date shown, if not before - the earlier the better. Lloyds will not want to comply with there part of the order (see direction c) in particular) so you should get a settlement before their deadline.

 

Happy new year to you too by the way!

[karens25]

hiya..

glad you like the directions.. chesterfield county court by the way.. still a little overwhelmed by it all. (why did i think it would never come to this?!) but encouraged by your positive attitude..

thanks

k x

[GaryH]

You'll be fine. This is the final hurdle!

 

Any problems with it, just shout.

[karens25]

im shouting...

started putting the bundle together but i cant locate the mcnamara interview?

in the basic court bundle in the library, in the list of documents it states correspondence.. is this the letters that have passed between me and lloyds so far?

do i just send the statement on which the charges were applied? im guessing so...

did you number your pages?

do i send a covering letter?

sorry if im sounding a bit dumb, just really worried about getting it wrong!

 

thanks in advance gary, you're a great help

 

karen

[BARTY]

im shouting...

started putting the bundle together but i cant locate the mcnamara interview? Not sure, never got this far

in the basic court bundle in the library, in the list of documents it states correspondence.. is this the letters that have passed between me and lloyds so far? Yes

do i just send the statement on which the charges were applied? im guessing so...Yes

did you number your pages? Yes

do i send a covering letter? Yes

sorry if im sounding a bit dumb, just really worried about getting it wrong!

 

thanks in advance gary, you're a great help

 

karen

 

 

Good luck Karen, they settled with me the day before I was going to start printing my Court bundle, I wasn't looking forward to that part!

Barty:)

[GaryH]

And here is the McNamara interview - http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/118-peter-mcnamara-bbc-radio.html

[karens25]

thanks barty and gary for your help.

ive just kept sitting in front of the pc and staring into oblivion... BUT finally getting my head round it, and have started to do an awful lot of copying, pasting and printing...

no doubt this isnt the last you've heard from me!!

incidentally got an answerphone message from lloyds asking me to ring them, im guessing its far more likely to be about the payments ive stopped making rather than an offer of settlement, wouldnt that come from sc&m?

thanks again

k

[karens25]

hey guys

just rushed to catch the post, finally got the court bundle together and off to sc&m, dropping the one for the court off in the morning.. found it very taxing but did finally manage to get my head round it, thanks Gary for all your help, should hear from them soon, will keep you posted

k

[GaryH]

Great stuff. Now all you've got to do is wait for either a settlement or their defence to be struck out!

 

Let me know if you haven't heard anything by the time their deadline expires, I've got a letter you can send.

[karens25]

hiya

a quick update.. there is nothing to report, SC&M not rushing to get their papers out are they?!

their deadline is 9th Feb..

will let you knowwhen aything happens then its on to the current account!!

k

[Pen]

Sorry Just Subscribing ready for when I need all this info at court

Thanks

Pen

[karens25]

subscribe away pen!!

be prepared for a long fight against lloyds, but hang in there!

ive have sent the first of garys letters to sc&m about their non compliance, they are missing deadlines all over the place, im guessin they dont miss the court dates though!!

karen

[leeshare]

hi karen, have they paid up yet?

im just trying hhard to put my bundle together for tomorrows post...

what a head ache.

 

lee

[karens25]

hi lee

 

no not a penny, they are real shi**s!! im about to send the second of garys letters to the court, see if that gets any results

 

its a real pain doing the bundle, have you sorted it? i got myself into a bit of a state, which is exactly what they want. but finally it all came together, with the help of the guys on here, of course

 

good luck and hang on in there!!

 

karen

[Pen]

Hi Karen

 

They really are dragging their heels over this. Never mind, chin up, They will pay at some point:)

 

 

Love, Pen x