just starting to try to claim my charges back ***WON***

[leeshare]

Im sorry but ive read those and am just worried that i will fill them in wrong:confused:

 

Anyone please help

 

lee

[diggler14]

I have made started to reclaimed bank charges from lloyds tsb back to my account yesterday as it was final straw. i jhave read your instruction where to began. I have send them in person with SAR letter. my account goes back to may 2005 with bank charges that incur every single month!! I am now looking for new bank, i am thinking moving to citibank. in meantime, I shall wait for lloyds tsb to sent reply back to me.

 

Lloyds tsb charge me 30 pounds each - max per month is 90 pounds!! in addition, I have been waiting for my new replacement card, which the current expires opf this month, hadn't arrived until today's post!!..that is really bad service. this card is was void, when i complained where this card hadn't arrived yet...

 

Lloyds tsb has been nothing but TROUBLE to me, its like bloody curse to me!

[leeshare]

aarrrghhh!!!

 

doing my head in, all this stree caused by lloydstsb..

 

Its so unfair...

 

Ok ive re-read the AQ faq,

 

THE "PROPOSED DIRECTIONS" section F

 

SHOULD I ATTACH THE LIST OF DIRECTIONS "is this the list available on the guide,? do i just fill in the details and print it off and attach that to my AQ?????.

 

If i do the it asks if this has been agreed by the other party!!!!

 

Would someone please explain it to me...please.

 

And section H

 

are these the documents mentions in section f??????

 

PLease take pity on me:).....

 

thanks

 

lee

[leeshare]

ok ive decided not to add the directions, it doesnt seem to important.

 

skint and broke never bother, she asked the court and he said it didnt really matter.

 

 

so thanks for your help guys

 

off to court tomorrow...

 

 

lee

[leeshare]

just one more thing, need to be clear..

ok when i got the AQ stapled to it was also a "notice that defence has been filed"

also notice of issue(specified amount) and it says halfway down that page "request for judgment"

 

What do i do with the request for judgement ?????????????

 

Lee

[GaryH]

Ignore it. If they've filed a defence you cannot file for judgement.

 

Proposed directions -

 

Please see the attached draft order for directions, for the courts due consideration

Then print out this draft order and attach it to your AQ - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

 

Other information -

 

The Claimant proposes the attached draft order for directions be made into an order. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundemental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediently.

 

- The crux upon which this claim rests is the true cost incurred by the Defendent as a result of the contractual breach from which its charges arise. If the Defendent cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendents charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

[leeshare]

ok been to court, dropped off the questionair and had it checked...

 

what should i expect to hear next????

 

If they dont loose the docs again:rolleyes:

[BARTY]

Hi

It's just a matter of waiting now for the Court to get back to you with a Court date.

You could have a look at the Court bundle while you're waiting, these are some of the documents you'll need to send to the Court and SC&M nearer the time:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

 

Barty:)

[diggler14]

is it ok for me to transfer my current account to different bank while i am in middle of claiming bank charges refund back to my account?

 

cheers

Diggler

[BARTY]

is it ok for me to transfer my current account to different bank while i am in middle of claiming bank charges refund back to my account?

 

cheers

Diggler

 

Hi Diggler

Yes that is OK.

Barty:)

[leeshare]

regarding the court bundle.....

 

Am i requested to send a court bundle, if so when.

 

do the courts let me know these things.

Do i need to make my own court bundle?

 

cheers

lee

[BARTY]

Hi Lee

When you receive a court date, it should say on the letter when you have to submit all your documents etc. It's usually 14 days before your court date, but not always.

Yes you have to make your own bundle, you have to print all the stuff out of that link I gave you (3 lots, I'm afraid:o ) and your statements that have charges on, and any letters between you and LTSB.

But wait until you get your court date before printing anything, just in case they settle early.

Barty:)

[leeshare]

ok ive just recieved a letter throught the door........

 

my court case is on the 11th may 2007 at 2-00pm..

 

ill need to get the court bundle done now, just like i expect that lloydstsb are doing:rolleyes:..

 

Just hope that they contact me before hand:D.

 

Also had a letter from lloyds the other day for bank charges for feb... grrrrrrrr

 

70.00 for dd returned and 30.00 for o/d

 

cheeky beggers. i was o/drawn for 3.97 and the other instance was bt dd went out leaving 50.00 in the account then the same day a cheque cleared after which took me 25.00 o/drawn..

so what do lloydstsb decide to do.. you got it they decided after letting the dd fot bt go through , they stopped it to let the cheque clear instead, which it would have done as it was guaranteed for 100-00.

 

rob dogs!!!!!

 

i paid them a visit to complain, all he said was that since people have decided to sue lloydstsb, they have decided to get strict;)..

 

any way i moaned and groaned untill they gave me 70.00 back just leaving me to pay the 30.00... ..

still 30.00 but i did get 70.00 back...........and the rest in may.....

[GaryH]

Here you go Lee, this should be useful - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[skintandbroke]

Hi Lee

Well done for getting this far so quickly - May will be upon us before we know it. Fingers crossed for you!

Skinty

[leeshare]

just read the order from the court, and im a little confused???

 

its says "on 6th feb 2007 the papers in this claim were considered by the district judge DD DOUCE

[leeshare]

who allocated the claim to the small claims track to be heard at the morledge derby.

on may 11th at 2pm".

 

However this letter is dated the 12th feb 2007, my dilimer is that it says that i have 28 days of the service of this order to send the defendant and to the court my bundle..

 

is that 28 days from the 6th of feb, or is it 28 days from the 12th of feb... PLEASE CAN YOU ADVISE

 

THANKS LEE

[leeshare]

iT ALSO SAYS THAT THE DEFENDANT ALSO HAS 28 DAYS THEREAFTER TO FILE A RESPONSE TO THE CLAIMANTS SCHEDULE..

 

iTS STATES IN POINT 3 THAT " IF THE DEFEDANT FAILS TO COMPLY WITH THIS ORDER, THE DEFENCE WILL BE STRUCK OUT WITHOUT FURTHER NOTICE"

 

SO BY MY CALCULATIONS IF IF THE SERVICE OF ORDER IS THE 12 OF FEB WHEN THE COURT SENT IT TO ME, THEN THAT GIVES ME TILL THE 11TH OF MARCH TO GET IT TO THEM...

 

FOLLOWING THAT THE JUDGE SAYS IF I DONT HEAR ANYTHING AFTER 28 DAYS WHICH TAKES US TO THE 8TH OF APRIL, THEN THE JUDGE WILL STRIKE IT OUT;)

 

DOES THAT MEAN IN SIMPLE TERMS THAT "IF [problem] DONT SEND THERE BUNDLE TO ME AND THE COURT BY THE 8TH OF APRIL THEN I WIN???????"

 

I THINK THAT THE JUDGE IS FORCING THERE CORNER AS THE COURTS ARE SICK OF THE BANKS NOT BEING COMPLIANT.....

 

LEE:)

[leeshare]

OOOOPS SORRY FOR THE CAPS....

 

lee:o

[GaryH]

Hi Lee. So you've been asked to provide this, yes? -

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

b) copies of any statement or other document relied upon as showing that each and every charge has been made;

c) a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

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

 

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

If so, you need to send to the court and to SC&M;

 

a) A schedule of charges

b) Statements showing charges or account info provided under your subject access request

c) A statement of evidence

d) Cases and statutes, as found in the Basic Court Bundle

 

The 28 days would be from the 12th - but get it ready and sent as early as possible.

 

DOES THAT MEAN IN SIMPLE TERMS THAT "IF [problem] DONT SEND THERE BUNDLE TO ME AND THE COURT BY THE 8TH OF APRIL THEN I WIN???????"

Yes.;-)

[leeshare]

hi gary

thanks for the response.

about the defendants part in this, it says that

"if they dont file and serve a response within 28 days then the defense shall be struck out without further order"

Does this mean that if they dont send there court bundle to me and to the court by that date then they loose and thats the end of it???

 

Thats how I read it, but is it that simple?

 

Lee

 

SORRY DIDNT READ THE END OF YOUR POST....... HOW LONG WOULD THEY HAVE TO PAY ME IF THEY ARENT COMPLIANT????

 

THANKS GARY

[GaryH]

Pretty much, yes. They will have settled before then anyway more than likely, but if they don't comply by submitting the evidence as ordered by the specified date then their defence will be struck out. So yes, that means you win, although there are some technicalities you'd have to go through first - I.e. applying for judgement. As I said though, they'll almost certainly settle before then.

[leeshare]

Thanks very much Gary,

 

Your a real assett to this forum..

Ill definatley be donating when I win...

Cheers Lee

[leeshare]

when im photocopying for the court bundle, do i have to photocopy evry statement or do i just copy the pages with the charges on???

 

what does everybody else do?

 

 

thanks

 

leeshare

[BARTY]

Hi Lee

Just the ones with charges on will do.

Barty:)