Jump to content


Help ..Enforcement notice


sweetpants
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5592 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Same here sweetpants, I sent them off the letter in Gary's link, it may help things along.

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.

Link to post
Share on other sites

  • Replies 97
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Mindzai

Yes I think I will fax a copy off in the morning and pop another in the post as Gary did.Like you say it may help things along.

 

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*****.

Link to post
Share on other sites

Just another update.

Faxed and posted [problem] non compliance letter off last Saturday and have heard nothing from them ,(no surprise really ) ,so letter to the court being delivered on Monday.

 

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*****.

Link to post
Share on other sites

  • 2 weeks later...

Got the following reply from the court yesterday:

 

Dear Sweetpants

Re:Sweetpants vs Lloyds

Thank you for your letter of 5th Feb.

In a case such as this where one side has complied with the Judges direction and supplied their documents to the other side but the other side has not reciprocated,it is for the aggreived party (yourself in this case ) to consider making an application to the court for an order imposing a sanction against the offending party ,up to and including asking that their case be struck out.Wether or not you make such an application and what you actually ask for in it is a matter for you to decide.

Clearly the idea behind giving the parties directions is so that at the hearing both parties will have seen and be familiar with all papers in the case,their ownand the other sides,and so that no evidence is adduced at the trial which the other party (and the Judge) have never seen before which can lead to an adjournment or that evidence not being allowed to be used,and possible costs being awarded against the offending party.

The court is not aware as to why the defendants have not complied.It may possibly be,as with many of these bank charge cases,that they may offer to settle with you at the last minute.

Yours sincerely

Mr R Hodder

Listing Section

 

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*****.

Link to post
Share on other sites

The court is not aware as to why the defendants have not complied.It may possibly be,as with many of these bank charge cases,that they may offer to settle with you at the last minute.

Yours sincerely

Mr R Hodder

Listing Section

I really like that part sweetpants. :D

 

Am I right in thinking that your hearing is on 14th February? If so then keep a check on your account at various times throughout the day from Monday and you will probably find they credit the money at the last minute. Make sure you know exactly how much it should be including interest on that day, as they may try to credit the amount without interest.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Hi Lucid

Yes I liked that part too..Think the courts know what to expect now

Yes I have a valentine date with Lloyds.Same place and time as GaryH as it happens.Dont think we will get any chocs and flowers from them though but as long as we get our money I for one wont mind.I am on early shift and am that confident that I am not taking the day off.Should I not hear any good news before I finish at 2 I will just go straight to the court from work for the hearing at 3.Do you think Im being over confident 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*****.

Link to post
Share on other sites

No not at all. My way of thinking is that if they really did want to go to court then they would make sure they met deadlines and submitted documents etc. Obviously be prepared to turn up - which you seem to be - as you may need to turn up and get told by the Judge that they have faxed a settlement. But again, make sure you know how much they owe you on that day so that you can tell if the amount they're paying is right or not.

 

Also you might want to consider totalling up a schedule of costs to submit to the court on the grounds that the bank has behaved unreasonably. Check out my post here containing a letter and a schedule of costs we submitted to the court.

 

Lucid :)

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Thanks Lucid

I have the sreadsheet on my home pc plus identical at work so I will be checking just before I leave at 2 .

Once that is done with I will be back at them for everything they have charged me since I started this claim...about another 800 in total I think and also start one with them for my credit card too.

Massive congrats on your win by the way.Im not sure I am confident enough to go for the costs etc though I do admire you both for it...the same as the contractual interest...I thought about it but chickened out.

I will have enough of a task working out the interest on my next claim with them

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*****.

Link to post
Share on other sites

Well I just checked my bank account and there it is in black and white.....CLAIM SETTLEMENT.....£5163.69........whooohooo.

 

I must admit that when I checked it late this morning and saw nothing I was in a panic cos I thought I would be facing court at 3pm tomorrow

 

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*****.

Link to post
Share on other sites

Im not too sure about the centenary posting as it seems to go up and down like a yoyo.I was on 159 at one stage ??

Thank you both and a massive thank you to GARY H , MINDZAI and LUCID.

Without their help I would have given up long ago.

 

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*****.

Link to post
Share on other sites

CONGRATULATIONS!!!

Yipeeee!! Well done SP, great news. Looks like I'd better put the suit back in the wardrobe then!:D

 

Obviously you'll have to inform the court, and at the same time you could make an application for costs. I've half drafted a template letter with the intention of posting it on the site linked to the court guide thread - if you like I'll finish it tonight and e-mail it over? PM me your addy if you want to go ahead with it.

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.

Link to post
Share on other sites

Thanks Gary.Couldnt have done it without you.I rang the court straight away and was told " Oh yes they wrote to say they would settle".....Pity no-one informed me as I was getting more nervous as the day went on.I do have to inform them in writing though.I will PM you but will have to think about claiming.Im just working out how much more they have ripped me off for since my claim started so will be starting the battle all over again

 

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*****.

Link to post
Share on other sites

Well Done - Yet another winner and the banks are down once again ha ha

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

Link to post
Share on other sites

CONGRATULATIONS!

:D:D

 

I've been keeping a look out for your post Sweetpants! :)

 

Well done - I'm so pleased that it's now over for you.

 

Enjoy your celebrations. :p

 

Lucid :)

 

WELL DONE AGAIN!

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Lucid,

 

Have you got a scanner by any chance?

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.

Link to post
Share on other sites

Yes we do now. Need something scanned?

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Thanks Lucid

Couldnt have done it without your help and encouragement either

You guys are brilliant

 

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*****.

Link to post
Share on other sites

  • 1 month later...

First of all congratulations sweetpants!!!! What fantastic news! :D Your thread is really inspiring!

 

I'm hoping someone might be able to help me untangle myself... I received an enforcement notice a couple of days ago - phoned the bank and STUPIDLY agreed to pay back £20/month of the £178.07 they say I am over my limit...

 

  • 9th March - I sent my preliminary letter to Michael Orton in Birmingham
  • 22nd March - Received an "I'm just writing to let you know we've received your complaint" letter enclosing a "voicing your concerns" letter from Kerry Parfitt in Andover
  • Then yesterday (27th March) I received the enforcement notice from collections in Brighton.

Is it a ploy to confuse me - some kind of battle manoevre or are they just confused and disorganised?

 

To whom/where do you think I should send the LBA ?

 

When I write to collections and retract my agreement to pay £20 am I in any danger of saying something they can use against me (I've a feeling I might have already done that!:roll: )

 

I think I might have overdosed on CAG today - as my head is spinning but there is so much to read! It's fantastic.

Link to post
Share on other sites

  • 1 year later...

Hi everyone,

 

Many thanx to whoever came up with the idea of this forumn. It is more than helpful than I expected.

 

I already got two problems solved at once, the first being bank charges, actually I had a student overdraft which the bank decided to withdraw because I had not renewed it. I owed in excess of £2000- have since paid half the amount back but then I had a temp job so could not keep the payments. The amount of course included many bank charges from way back when i started uni and in Aug this year I served a notice to claim the charges back.

 

The bank (Halifax) wrote back to me to say I should pay £10 as a "processing fee". In the meantime, I have now recieved a letter from a credit mgt company claiming they have bought the debt and they want their money asap.

 

I guess i need to send the debt in dispute letter to both the bank and credit mgt company. But do I have to pay this "processing fee?"

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...