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    • what solicitor is the PAPLOC from? then just search xxxx snotty letter dx  
    • moved to the debt self help forum. plenty of like threads here to read along with the ones you've done so far..good work. last thing you ever want to do is look at any kind of IVO/BK or anything alike concerning consumer debt, never do that, turns unsecured debts into secured ones in many instances. your best bet for now is p'haps looks at  Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk) sadly you have to go thru one of the free debt charities to invoke that but DON'T be tempted to also open up a DMP with them, just get the Breathing Space done. get that in place that gives you at leasy 60 days buffer you've also goto to realise you'll probably get a default once breathing space is in place, bit if not it might pay you to withhold payments even after BS then p'haps re start payments once a DN for each debt is issued and registered. at least that way, whatever happens in 6yrs the debt will drop off dx  
    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Actionfraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
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Help ..Enforcement notice


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Hi Gary

Thanks.It just baffles me at times that the left hand doesnt seem to know what the right hand is doing with Lloyds.Its worrying really that these type of people are in charge of anyones finances.

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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How about this?

 

Dear sir/madam,

 

I refer to your letter of **/**/**, in which you advise of your intention to issue court proceedings with regard to the outstanding balance of my current account overdraft.

 

As you are aware, this account and the balance thereof is currently subject of a dispute. I can only assume your letter has been sent in error, as you must surely be aware that action such as that you propose would constitute breaches of the banking code. This matter has been discussed in correspondence with your clients ********* department and on **/**/** I received a letter from ********, which acknowledged no such action should be taken on a disputed account and did in fact apologise for previously suggesting otherwise. A copy of the correspondence to which I refer is enclosed for your reference.

 

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges. To proceed as you have indicated would therefore be contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory. I also believe this action to be tantamount to a sanction imposed merely for pursuing my legitimate right of seeking a judgement from a court.

 

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore its 6th July statement.

 

I will allow you 7 days to reply to me, in writing or by Fax only, withdrawing the threat of action imposed in your letter of **/**/**. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all recent correspondence.

 

I look forward to your prompt response.

 

 

Yours faithfully

  • Haha 1

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Thanks so much for that Gary.I will get the letter in the post today

 

SP

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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  • 1 month later...

Just an update. I used Garys brilliant letter to reply to S.C&M and received a letter of apology from Lloyds Customer Services on 24th November.The second apology letter they have sent me since I started my claim so I am doing well.

I have just received the AQ from the court which I will be returning on Friday 15th Dec ( pay day ).:D

 

S.P

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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Woohoo!! Excellent, I'm glad it done the trick. Any chance of seeing the apology letters? I love seeing Lloyds backtrack with the tails between their legs, its made my day that has:).

 

Nearly there now SP, perhaps not quite in time for Christmas but hopefully it won't be too long after.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I was astounded by the first apology letter, I almost fell out of my chair to read they've done it again! Who says lightning doesn't strike the same place twice!

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Dear S.P

Account No *******

 

Thank you for your letter dated 9th November 2006

 

please accept my apologies for the incorrect letter issued by our solicitors office on 3rd November 2006. I can confirm that we are aware of the pending court proceedings in respect of this account in relation to your claim of unfair charges.

 

I have today arranged for our recovery action to be suspended while this matter is ongoing

 

Yours sincerely

Adie Heritage

Senior Officer

Customer Service recovery Centre

Brighton

I was thinking seeing as they are being so polite it doesnt bode well for me :|

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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I can always copy it and post to you if you wish Gary

 

S.P

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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Oh go on then, I may even get a frame for it! I'll PM you.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I was thinking seeing as they are being so polite it doesnt bode well for me :|

 

Their being polite becouse they know they're in the wrong and you've stood up to them and told them so. Don't read anything more into it, they really have'nt got a leg to stand on.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thats just me being the eternal pessemist as usual.

I will take them in to work to copy tomorrow and post them asap

 

S.P

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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  • 3 weeks later...

Just an update.

Received Lloyds AQ from [problem] and a request for copy of my AQ so have now sent that off.

Just waiting for court date now.

 

S.P

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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Hi SP,

 

Not long to go now - you've entered the final lap!

 

Hopefully the judge will order the same directions he did for my claim, in which case Lloyds won't have anywhere else to run. Let us know when you get the order through.

 

Have a great new year!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Once this is settled I will be back for more.They have added another £530 worth of charges on my account since I sent in court claim.

 

You have a good New Year too Gary.

 

S.P

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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Hi Biwood

Thanks for the link but not needed.As you will see from reading through the FAQs and threads on this site all the help needed is right here including some fantastic people like GaryH , Bookworm,Bankfodder and Martin3030 ** to help and explain things if you get stuck .And I even have a court buddy on standby in the unlikely event that it gets that far.And as you can see from the link in post from GaryH above they have helped in loads of successful claims.I for one would certainly have not got this far without this wonderful site.

S.P

 

**(Sorry but not enough space to mention everyone)

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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Hi All

Received notice of hearing date this morning.

District Judge Carron has allocated claim to the small claims track and hearing will take place on 14th February 2007.

I know have to deliver copies of all documents etc to [problem] and court before 24th January.

Taken me by surprise as after reading other threads I was expecting to have to wait a while.

Better get busy getting it all together to send:)

 

S.P

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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Hi SP,

 

They're bulk listing the claims then by the looks of it. I got my notice of allocation through today for my Halifax Visa claim, which is exactly the same date and also the same judge. Halifax settled mine yesterday though:).

 

You ok with what you need to put in your bundle, yes? Its quite alot - I hope you've got plenty of paper!

 

You need everything from the Basic Court Bundle 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 http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post450746

 

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

This is the final hurdle - once its all sent off a settlement should'nt be far behind.

 

 

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks Gary

My hearing is 3pm and it says it should take 15 mins.

Yes the only thing I havent got are the McNamara soundfiles.

I have just been looking through the court bundle and noticed a couple of things missing.I dont know if its relevant or not.Page 26 No 30 is blank and so is page 34 No 3. Probably doesnt matter but just in case ......

 

S.P

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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My hearing is 3pm and it says it should take 15 mins

Yes, thats exactly the same time mine was listed for. They're bulk listing loads for the same date and time becouse they know that they're all going to be settled beforehand! Its the courts new way of dealing with the volume of claims by the looks of it.

Yes the only thing I havent got are the McNamara soundfiles.

BBC RADIO 4 – TODAY PROGRAMME

Transcript of interview with Peter McNamara, former head of personal banking at Lloyds TSB.

September 2004.

MB

The Consumers Association says that banks charge their customers £3,000,000,000 pounds for unauthorised overdrafts last year. The head of money research at Which? magazine Ashley Sharp says the penalties imposed by the banks are excessive

 

AS

I guess they would say they are making them because when people go into unauthorised overdrafts they incur costs and I am sure that is right, but whether they incur these kinds of costs seems highly unlikely. Not all the banks charge quite as much as the more expensive ones so clearly some banks can manage this more cheaply.

 

MB

Well Peter McNamara knows a thing or two about unauthorised overdrafts because he is the former head of personal banking at Lloyds TSB now Chairman of the cash machine provider MoneyBox and he joins me now. Is £3,000,000,000 pounds excessive?

 

PM

Well it is very interesting background really, what happened was once upon a time when people went overdrawn the banks if you like used to tell them off by charging them a higher rate of interest and more expensively for the consumer now putting a charge on each transaction that goes through the account. Now the justification of that has not outlined was that a lot of work has taken place to assess whether the person is good for the money and whether the banks was going to pay the cheque in those days. Well when free banking became pretty much universal for everybody who was in credit, the banks kept those fees and indeed tended to increase them to subsidise the costs of that free banking activity because most people who don't go overdrawn or only go overdrawn within the limits agreed with their bank really doesn't make very much money for the banks.

 

MB

The Consumers Association says these charges are excessive, but the banks can quite reasonably say the customers know the score, they are given an overdraft limit and if they go over it they know what the penalties will be.

 

PM

Well of course there is an element of truth in that one, it is having said that pretty expensive if you do get overdrawn because you get caught with both the interest charge and the unit charge for every transaction that goes through the bank account. The big advice for any consumer is to make sure agree the overdraft or find a lower cost personal loan for your borrowing or some other mechanism for doing it.

The big plus from the banks point of view is that it enables them to maintain this principle of free banking for a large number of people who remain in credit all the time and don't do much borrowing.

 

MB

There are a large number who do get overdrawn and have unauthorised overdrafts which says one in four bank customers went overdrawn without permission last year. That's a huge number; does that say something about the British character and our attitude to debt and borrowing?

 

PM

Well yes, traditionally in the UK people have always taken short-term borrowings in terms of overdrafts and if you haven't agreed it, it is very expensive. It's a peculiar English trait which doesn't really happen in the States to anything like this extent.

 

MB

Overdraft borrowing?

 

PM

Well pretty much closer as to issue a cheque without having the money in your account can be a theft offence in the United States. So the UK principle of overdrafts has given consumers a high degree of flexibility. The penalty is if you haven't agreed it beforehand it can be very expensive.

 

MB

If these charges do come down as the Consumers Association wants would that mean actually that free banking so called might come to an end?

 

PM

It must put it at greater risk and there is a big social question arising from that because in effect were you to be charged for every transaction that goes through your current account and then have those transactions offset by the value of the balances that you keep as this is much more favourable to richer people and would mean a possible end to free banking for those in the community who are not as well off.

 

Thank you Peter McNamara.

I have just been looking through the court bundle and noticed a couple of things missing.I dont know if its relevant or not.Page 26 No 30 is blank and so is page 34 No 3. Probably doesnt matter but just in case ......

Don't worry, I'm sure thats nothing to worry about. Its not been a problem before, anyway.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks Gary

I have the transcript but my pc wont let me get the soundfile.

Tried to set up a wireless connection for my sons laptop so that I could reclaim my pc and everything seems to have gone haywire since.went into Cuttings and Soundfiles Library and anything to do with sounds it cant find the link.It wont matter if I dont include it though will it.As long as I include the transcript ?

S.P

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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Just the transcript will be fine. Thats all I included anyway.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 3 weeks later...

Any news SP? If they haven't either settled or submitted documents yet, then see this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Gary

No nothing yet.

I submitted my bundle by the 24th as directed by the court but received nothing from [problem].

 

S.P

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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