Court Hearing Thursday 14th September

[fruitycar]

Hi DB sorry not have picked this thread up before, wont answer much now as on the other side of a couple of ciders and now onto the vino! Well done so far will get back to you as I pursued BoS to hearing for my 8% interest and got unsympathetic sheriff and probably crossed wires.

Cheers! :beer:

Fruitycar

[dannybhoy]

Just to update you all on what’s happening, which is precisely nothing!

 

Following the last court hearing, I emailed Michael Thomas at Lloyd’s legal department, advising that the Sheriff had agreed with my position that interest was due, with the next hearing date Thursday 12th October.

 

As this failed to elicit any response, the same letter was sent to him by recorded delivery, and was signed for on October 5th.

 

Unlike the last time, no money has been paid into the account at the last minute, so it’s back to court tomorrow!

 

Unfortunately, I can’t go so my girlfriend will have to represent herself. I will fully brief her, and whilst I have a little more research to do tonight, at the moment I intend advising her to ask the Sheriff to grant Decree in her favour, as Lloyds TSB submitted a defence, yet failed to defend the action. Furthermore, we have made reasonable efforts to contact them, to which they have failed to respond.

 

I will let you know how it goes.

 

On a more positive note, I wrote to The Royal Bank of Scotland, enclosing a copy of the Court Roll (available at scotcourts.gov.uk) with details of the Lloyds TSB case on it, offering them one final chance to settle the matter without the involvement of the Courts.

 

Despite the fact that two months ago they were adamant that they were acting lawfully, and would not refund the charges, within four days of sending the letter, I received a reply saying “We would prefer to resolve matters with you direct, and as an exceptional matter, have agreed to meet your claim of £294 in full.”

 

If they know you are serious, and you persevere, you will get your money back.

[give_me_it_back]

Great stuff DB! Was it today your girlfriend was in court..?

[dannybhoy]

Just to let you know how it went today.

 

It appears that my lack of faith in my girlfriend was misplaced. I provided her with a script outlining what has happened since the last court date, which finished of asking the Sheriff to grant decree in her favour, and to reconsider his award of expenses.

 

He did! She was granted the decree, and Lloyds TSB have been ordered to pay £98.28 plus expenses. Assuming this is the maximum amount of expenses (£75), it comes to exactly one more pound than I asked for - I think he made a mistake in subtracting what has already been paid.

 

As far as I can gather from the Small Claims Guide, Lloyds now have 14 days in which to appeal. If they don’t, we are issued with an ‘extract decree’, which is essentially a court order.

 

Thereafter, if they don’t pay, we get to send the Sheriff’s Officers round to the bank (eventually).

 

Now I know how Tommy Sheridan felt!

 

We are both really chuffed. It isn’t even about the money now, just knowing that you can take the big boys on and win, and that there are Sheriffs out there with some common sense.

 

Given the reprehensible manner in which Lloyds TSB has conducted itself, I expect that they will now move to close her account. I will let you know what happens in the coming few weeks.

 

Once again, it confirms what I said last night – persevere and you will get your money back.

[give_me_it_back]

Well done to you both! I think you should head out for a well deserved romantic dinner a deux!

[bandonbhoy]

now dont be encouraging them to run up more bills. but hey isnt it great that you are another scottish success.

huge congratulations

[jengis]

Well done Dannybhoy (and to your girlfriend)

 

It's threads like this which encourage us all to soldier on and take on these bankers!!

 

Jengis

[give_me_it_back]

Oh yes - us Scots are a hardy bunch! Once we have the 'bit' between our teeth!!

[mackie68]

hi all,

i am in same position with BARCLAYCARD, went to court last thursday after the entered defence, but they didnt turn up, Sheriff issued decree, now just waiting for it to arrive, due next thursday.

 

also had another case up last week with RBS, they offered partial refund( not even 50%) of claim, their defence is that part of my claim is TIME BARRED under the Prescription And Limitations(Scotland) Act due it the charges being older than 5 years. We now go to PROOF HEARING on 21st of December so i am now trying to research evidence,

 

i need to find out where i can get copy of above act

i also need to find any precedents with regards "when i became knowledgable about their charges", i read somewhere that since i didn't know their charges were unlawful then the above act doesnt carry weight, but i cant remember were i read it, can anyone help.

 

thanks in advance

[dannybhoy]

Just a quick update...

 

Received the Decree from the Court on Saturday 28 October, and wrote to LLoyds TSB (Recorded Delivery) on Monday 30 October, giving them until Friday 10 November to pay the money in. As yet, they have failed to do so.

 

I'm going to pay a visit to the Sheriff's Officers some time this week to see what the next move is.

 

PS Can somebody amend the time on the clock, as I find it confusing reading posts before they are made!

[dannybhoy]

Went to see the Sheriff Officer today, and it was remarkably straightforward. I gave the lady the Decree and a copy of the letter sent to Lloyds TSB on October 30th.

 

I paid the sum of £30.26 and she advised that as the bank is nearby, the ‘charge’ would be delivered this afternoon or tomorrow.

 

Lloyds will then have 14 days to pay the sum they owe plus the additional £30.26, or we can go round and help ourselves to their furniture. Actually that part isn’t quite true, but it should be!

 

The lady at the Sheriff Officers was surprised that Lloyds had ignored our previous letter, but I told her that this was symptomatic of the shoddy way Lloyds has conducted itself.

[dannybhoy]

Received our copy of the ‘Certificate of Execution of Charge for Payment of Money’ that was served on Lloyds TSB from the Sheriffs Officers today.

 

They now have until next Wednesday to pay, or further enforcement action can be taken.

 

Maybe it’s just me, but I found the following text, at the bottom of the certificate to be quite funny.

 

“We hereby confirm that a copy of the Dealing with Debt booklet was served on the above named defender(s) [Lloyds TSB Scotland Plc] at the time of the charge in accordance with the Debt Arrangement and Attachment (Scotland) Act 2002.”

 

Will keep you informed, as to how Lloyds manages to deal with its debt!

[stevokenevo]

They will probably ask for a recall of the case, plead negligence and then settle, which should waste another month/6weeks of everyones time.

[dannybhoy]

Steveokenovo,

 

You may know more about this than I do, but my understanding was that the legal process has been exhausted, and it is now simply a matter of enforcing the Courts decision.

 

Lloyds TSB failed to be represented in court on two occasions, and chose not to appeal within the 14 days in which they were entitled to. I really don’t see that they can come back now, and ask for a recall of the decree.

[dannybhoy]

A bit late with this, but Lloyds paid the money in last Friday, so we have to call the Sheriff Officers off.

 

It was worth pursuing, as if we hadn’t attended Court in September, we would have just received the £489, however we did get another £168.92, albeit £30.26 of that was extra money we had to pay to the Sheriff Officer.

 

Having now successfully claimed from Halifax, Royal Bank of Scotland and Lloyds, Lloyds were definitely the most difficult, and the only one I had to raise a Court action against.

 

Anyway, have now written to Lloyds in respect of a credit card, with charges amounting to £76. I am not following the usual procedure, and have given them until 31 Dec to refund the money, or will commence Court Action without further notice early in the New Year.

 

I enclosed a copy of the Decree granted against Lloyds TSB Scotland to see if that makes any difference, although I doubt it will.

 

Thanks to everyone for their support and encouragement, in particular Robertxc who advised that I should attend Court in September.