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    • Below is my proposed letter of claim to Yodel. I would welcome comment.   Dear Yodel, Claimant x: claim for breach of contract loss of package xxxxxxxxxxxxxxx I am making a claim against you claim against for breach of contract relating to your loss of a package valued at £150.00. I refer to two webchats that I have had with your organisation following which I was advised that Yodel were not prepared to recompense me for my loss. This letter is being sent to in accordance with the Practice Direction on Pre-action Conduct and Protocols (the Pre-action PD) contained in the Civil Procedure Rules (CPR). In particular, I refer you to paragraphs 13 to 16 of the Pre-action PD concerning the court's powers to impose sanctions for failing to comply with its provisions. Ignoring this letter may lead to our my commencing proceedings against you and may increase your liability for costs. Circumstances leading to my claim against Yodel On 14 June 2024, I made a sale on eBay of a set of 3 Kirkland Signature golf wedges (‘the goods’) at a price of £150.00 plus £6.00 postage. I received payment from the purchaser via eBay and on 15 June I purchased postage from eBay’s Packlink. Packlink arranged the delivery of the package to the purchaser with Yodel. Having packaged the goods in wrapping paper, I delivered them on 15 June to the Shell petrol station on ……..and a tracking number of  xxx was given. Tracking showed that the package made it to your Leeds Depot on 15 June but thereafter the package went missing. The Purchaser had been advised that they were ready for collection at her local depot in Preston but they could not be located in Preston. I personally attended your Leeds depot where your helpful staff confirmed that the package had been scanned into that depot and was also scanned going onto one of your trailers (7DL 1436) bound for Preston but that thereafter the package was not scanned again and could not be located either in Leeds or Preston. Due to non-receipt of the goods, I was required to refund the buyer her £156.00. I have sought compensation via Packlink but they are only prepared to pay ‘basic compensation’ of £25.00. Through your webchat I have sought to make a claim against Yodel but have simply been referred back to Packlink suggesting that I do not have any rights against Yodel. You are referred to the The Contract (Rights of Third Parties Act) 1999 upon which I rely and which give me the right to sue on the contract just as if I was a directly contracting partner. I was a discernible beneficiary of the contract entered into by you with Packlink to deliver the package on my behalf. As the sender of the parcel I was somebody who was intended to benefit under the parcel delivery contract. In breach of contract, you failed to exercise reasonable care and skill to deliver the package to the purchaser but instead have lost the package. Given the scanning history of the package, it is likely to have been misappropriated whilst in your custody – a failure to take reasonable care to avoid such misappropriation.   My Claim against Yodel I wish to claim the sum of £150.00 being the value of the goods lost by Yodel   Relevant documents I enclose copies of the following documents that are relevant to this matter: 1.    A screenshot of the eBay sale of the goods and the tracking notes.   Alternative dispute resolution I am prepared to consider ADR.   I  look forward to receiving confirmation that accept liability for these matters, together with a full settlement of my claim, within [21] days of the date of this letter, namely by [DATE].] [In the absence of a full response by that date, I will issue and serve proceedings without further notice. Yours faithfully,    
    • I didn't know I had to go to the US. Were you there recently, TOR? I'm not sure you've been to London recently either. We know some 'average Americans' and I've asked what they think about things today, as it happens.
    • The scammers were posing as young women online to trick people into sending sexually explicit material.View the full article
    • To even ask that question you clearly haven’t visited anywhere in the USA recently The cesspit that is SanFrancisco Venice beach that no one in their right mind would visit  The open drug taking, crime, zombies everywhere (reminds me of Khans London) The Texan border towns flooded with illegals (The sole responsibility of Harris) And that’s before we get onto world matters  One sniff of Harris in the White House  and China will be into Taiwan Endless tax dollars being thrown at Zelenskyy for what reason? To keep killing Ukrainians? The average American hates it  The barmy Biden/Harris rush to net zero  Perhaps as President Trump can knock that lunacy on the head worldwide 
    • Their fees can go up with different stages of enforcement. They will almost certainly have charged the creditor the first stage (compliance) of £90 including VAT. This will be added to your bill though. Then they are allowed to visit with a view to entering into an agreement with you. They may charge £190 plus VAT for this plus 7.5% of anything over the first £1000. A second visit would trigger an additional fee of £495 plus VAT. Finally, they can visit with a view to removing goods for sale. They can charge £525 plus VAT for this visit plus 7.5% of anything over the first £1000. Not sure if these figures match with anything you have. You would need to ask which fees have been added. You shouldn’t have to pay the VAT. Hopefully, it isn’t a major issue given you won’t be dealing with the bailiffs.
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Nationwide first.Lloyds last but not least ***WON***


lancsman
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I hammered off a request to Nationwide first,initial refusal.Letter before action next,meanwhile i sent request for refund of charges to Lloyds Credit card.Theyve acknowledged and will get back to me in 5 days when theyve investigated further!

isn,t it a shame by that time,they will have recieved my Data Protection Act request as per the suggested format in "templates"So know my intention to "rag them like my dog does a bone "untill satisfaction and a just outcome.for all the worry of how the h..l am i going to exsist,pay our bills,eat AND PAY CHARGE UPON CHARGE!!!!!

When i first went to see them,very helpfull would increase our overdraft in time and suggested i take their Credit Card as it was interest free for 5 months.I take it they,re on some sort of commission?

Anyway Roll..ks to them i,ve moved my side of the account (wife,s still with them)Now to Play.

 

Bitterness is going to make them pay too

john r

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Well i sent the letter asking for a measly £40.00 back! Peanuts to them, FORTY POUNDS TO ME. They replied saying a senior blah de blah would look at it and theyd reply in 5 working days.

Got that Wed 29th,That would beTuesday4thfor a reply.Its nearly friday7th.So with our post being so bad i,l give em till Saturday then file at the local court...but i,l ask the Clerk tomorrow bout Moneyclaim..

 

tiddly pom the clock ticks

john r

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Reply to your last Alan from derby letter came today from Service Recovery Centre Brighton. whilst not admitting charges were excessive blah de blah as a gesture of good will blah de blah arranging refund of the two charges......

 

All ive got to do now is check out and see if it,s actually refunded a small victory at the 11th hour.Before i proceeded with a small claim

john r

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  • 2 weeks later...

Checked the creditcard account and indeed twas REFUNDED now i just had a problem of how to get it out £10.00 was easy,sent it in AMAZING VOUCHERS to you know who.

 

My D.P.A. letter went out 30th March.Ive heard nothing so ive E - mailed that nice Mrs Penny Berryman(she probably is),its not the staff its the regime were fighting....

I,l let you know of more developments.

 

Read LOTTALITTLIES story inspiring...

john r

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Hi all got my D.P.A.s back how confusing arethey?just added a note to Loula,s thread bout what their abbreviations are.Going to take a bit of fathoming out but there,s definitly charges to reclaim.

 

(E-mailed Dear Penny a few days ago,got one back to say they,d find out progress. of course was away and they turned up great wodge of them Crossed in the post you might say.....

 

 

I,l let you know boys and girls.

john r

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Can you run the NW claim on the NW forum please

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Ran my last message here,because its Lloyds i,m now battling with.I won with Nationwide and i thought that if people see any progress with my claim they could always ask me for a copy of wot i wrote or look in the Nationwide forum cos its the same law were using just different banks if i knew how to ammend the title i would but then it would be a different thread and wouldn,t be at the beginning if that makes sense...

 

Here is an ammended copy i wrote to Nationwide that won ammended to Lloyds...

 

Mr & Mrs xxx xx xxxxxxxxxxx 27thApril2006

xxxxxxxx xxxxx Cottage

xxxxxxxx xxxxRoad

xxxx xxx

xxxxxxxxxxx

Lincolnshire

xxx xxxx

 

Customer care

Lloyds Tsb

125 Colmore Row

Birmingham

B3 3sf

 

Account no'xx-xx-xx/xxxxxxxx

 

REQUEST FOR REFUND OF UNFAIR AND ILLEGAL BANK CHARGES

 

Dear Sir or Madam

 

Having recieved and studied information sent under D.P.A.request,on charges levied against our account over the last six years I now present you with my findings.

 

I understand from recent information that these fees in relation to charges brought about by direct debit refusals,exceeding overdraft limits and so on,are unlawfull at commom law,statute and recent consumer regulations.

 

Do bear in mind that;

1. Bank charges are not legally enforcable if they are penalties.Penalty clauses in contracts under English and Scottish law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party.

 

2.This is also a breach of the 1999 Consumer Credit Act(unfair Terms in Consumer Contracts).

 

3.Notwithstanding the fact that we signed an agreement with yourselves regarding Account Terms and Conditions.It is also an implied term of that contract to operate my account under English Law.Which by definition you are abusing by excessive "charges"which do not reflect the true cost to yourselves of operating my account.

 

Your terms and conditions do not supersede common law.

 

4.My wife has been a customer of yours through a large part of her adult life.Operating her account with you,many,many times,well in credit.Allowing yourselves to use and profit greatly 24 hours a day from any excess funds in her account.

 

I calculate from our statements from 2000 to April 2006 (notwithstanding a number of charges that were negotiated and refunded) that you have taken £1xxx.xx.

 

WE REQUIRE REPAYMENT IN FULL OF THIS MONEY AND IF YOU DO NOT COMPLY FULLY WITHIN 14 DAYS THEN WE SHALL FORWARD "LETTER BEFORE ACTION".

 

IF AFTER A FURTHER 14 DAYS YOU HAVE NOT FULLY REFUNDED SAID CHARGES THEN WE WILL HAVE NO CHOICE BUT TO ISSUE A SUMMONS THROUGH THE SMALL CLAIMS COURT

 

THIS FOR THE FULL AMOUNT. PLUS INTEREST AT 8%. PLUS MY COSTS.WITHOUT FURTHER NOTICE OR DIALOGUE.

 

 

Yours faithfully

 

 

 

John xxxxx xxx (For Mr & Mrs xxx xx xxxxxxxxx).

john r

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E-Mail recieved back from Lloyds

 

Is this what everyone gets back first?

 

Thank you for the e-mail.

 

I am sorry to learn that you appear unhappy over the level of charges you have incurred on your Lloyds TSB account.

 

Under the circumstances, your e-mail has been passed on to the Manager of the Complaints Unit within Service Recovery. I have asked that he notes your comments and issues raised and arranges for a response be sent to you at the earliest opportunity.

 

In case you haven't received a copy of our leaflet called 'How to voice your concerns' I've attached one to my e-mail. This tells you all you need to know about resolving your complaint with us.

 

Regards

 

Keith Boden

Lloyds TSB - Service Recovery

Birmingham

 

"I,m sorry to learn you appear unhappy" Are they joking!!!!!! They,ve ripped my wife off for years,with excessive charge after charge. In one month early 2000, when she was a contract cleaner,eaning a pittance (national basic wage,£4.00 odd was it?)for excessively long hours,they took £70.00 off her not a lot to some but % wise a big chunk of her wage.She didn,t tell me just struggled on.Unhappy i am(youda) you betcha....

john r

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  • 2 weeks later...

Well it,s now 15th May and Lloyds have had there 14 days.Sent "letter before action"by recorded delivery. Also e-mailed looks like all the way boys and girls.

 

Mr & Mrs ************ 14thMay2006

************

******* *****

****

*****

******

 

Service Recovery Centre

125 Colmore Row

Birmingham

B3 3sf

 

Your ref BHAM/DJ/CC/****** (Account no'**-**-**/********)

 

IN ACCORDANCE WITH THE 1999 CONSUMER CREDIT ACT(UNFAIR TERMS IN CONSUMER CONTRACTS)

SUPPLY OF GOODS AND SERVICES ACT.

OFFICE OF FAIR TRADING.DIRECTIVE APRIL2006

 

DO TAKE NOTICE THAT I AM ISSUING "LETTER BEFORE ACTION"

 

Dear Mr Just

 

Thank you for your letter dated 2cd May 2006 I note the contents.

 

Notwithstanding your comments,the rules that apply to these transactions,charges,etc(as outlined below) still stand and therefore your charges come under those terms.Furthermore the Office of Fair Trading,s directive of 5th April 2006 re-enforces the case against excessive charges.

 

As you very well know these fees in relation to charges brought about by direct debit refusals,exceeding overdraft limits and so on,are unlawfull at commom law,statute and recent consumer regulations.

 

Do bear in mind that;

1. Bank charges are not legally enforcable if they are penalties.Penalty clauses in contracts under English and Scottish law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party.

 

2.This is also a breach of the 1999 Consumer Credit Act(unfair Terms in Consumer Contracts).

 

3.As regards the fact that we signed an agreement with yourselves regarding Account Terms and Conditions.It is an implied term of that contract,to operate our account under English Law.Which by definition you are abusing by excessive "charges"which do not reflect the true cost to yourselves of operating the account

 

4.Your terms and conditions do not supersede common law.

 

5.My wife has been a customer of yours through a large part of her adult life.Operating her account with you,many,many times,well in credit.Allowing yourselves to use and profit greatly 24 hours a day from any excess funds in her account.

 

6.May i bring your attention to an interview with your one time "Head of Personal Banking"Mr McNamara in 2004 on Radio 4.In this interview he makes it clear that charges are used to fund free banking for the whole population.

7.It is widely known that in similar circumstances other banks have been known to re-fund unfair charges.

 

As previously stated i calculate from our statements from 2000 to April 2006 (notwithstanding a number of charges that were negotiated and refunded) that you have taken and therfore owe £****.** in unfair charges

 

WE REQUIRE REPAYMENT IN FULL OF THIS MONEY IF YOU DO NOT COMPLY FULLY WITHIN 14 DAYS THEN WE SHALL

 

BEGIN A CLAIM AGAINST YOU FOR THE FULL AMMOUNT PLUS INTEREST PLUS MY COSTS WITHOUT FURTHER NOTICE

 

I shall submit a Consumer Credit Act 1974 complaint to the O.F.T. under the basis that you have failed to comply with the directive of 5th April 2006 and are therfore not a "fit and proper person"to hold a consumer credit licience under the above act.

 

Your Legal Department will have further information if you are unclear what this means

 

 

Yours faithfully

john r

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  • 4 weeks later...

Usual crap back from Lloyds that everyone gets.Why they won,t just pay BACK i don,t know...

 

Anyway they,ve had ample time to change their mind so iv,e now entered Moneyclaim (e-mailed admin with details)

 

Suffice to say they have untill 26 june!!!!!to enter a defence.

 

Tick,tock. tum-tee-tum will be interesting to see what their defence will be.

 

Service or Penalty?If its a service then the profit they are making is excessive.

anyway must jot down some of the arguments onto my "notepad"got loads there allready hows everyone else doing with dear old Lloyds..anyone NOT seen there new advert!!!!

john r

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  • 2 weeks later...

Hi folks well they Acknowledged Moneyclaim (6QZ36566) with a letter like"returned to sender"got.No mention of a Part 18 refered to! Now awaiting book from C.A.G. in order to fight them better.

I will ask them if their request for information is under part 18 of the Civil Procedure Rules?As they haven,t asked.

Pulling my hair out trying to copy the letter from scanner to adobe(that bit ok)Can,t get it to go on here!tTum te tum! going for a lie down!!!!

 

 

 

 

 

 

lancsman

john r

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Hi Nic.If i had tried to work out the interest any more i would have never got the claim in.It wasn,t the Daily Interest that was a problem to work out, it was having no access to any spreadsheets.I could,nt access some and others were taking so long to download(no Broadband available!)my server kept cutting them off!

 

I was indeed pulling my hair out,so put the claim in for total owed over 6 yeays then tried to get 8%per year figure(116.59!)x by 6 and left it at that,fully considering/expecting that Lloyds would enter into a dialogue (eventually) and that they could surely work out the interest better than i.Or we could reach an amicable compromise.

I know i,m not the only one who has been unable to download the correct programmes read of someone else who was going to do similar and let lloyds work it out.(after all if they had purely paid up the actual loss to me then we would,nt be thinking about any %)

I don,t want to fleece Lloyds just want them to pay what they owe.If they can work it out better than me so be it.

I have been asked by their solicitors to give a list of individual charges,and dates

how i calculate any interest and this is the best bit,how i calculate the sum of £2,2151.57 i think they have slipped an extra "2" in there as i copied the court(moneyclaim)and it wasn,t as much as that!!!

So i,m just going to send them the ammount of each charge and the date,they only need that.(i,m waiting for the book Judge Patricia ....wrote,so i can try and reply fairly to Lloyds.

john r

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Glad you are aware that interest has not been calculated "by the book" it may be that the solicitors may try to make something of this - however shouldn't detract from the claim a) as they will not go to court and b) if they did I am confident that the judge will think that at least you have made an estimate to the best of your knowledge. Good luck!

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Thanks nik

Not only have i tried to estimate the interest,i will if it gets to court tell the judge that i have followed the correct procedures to try and settle amicably before taking it to the court and that i believe this particular bank are using the legal system to frighten people off.Other banks(Nationwide)settled amicably and fairly before involving the exspense to the taxpayer of the courts..

 

Before i was aware of the unlawfull nature of which the banks excessively charge for excess profit gains not purely an admin charge.I sent many a letter asking/pleading for help in using our account so that we would not fall fowl of the excessive fees which were crippling us.But they kept hitting us,for profit it is sickening after my wife put so much trust,so much loyal faith in them.

 

Feduciary was it?i don,t think so.

john r

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Hi Guys n Gals n BANKS!!

 

I have now compiled my reply to the Sechiari trio of Brighton witth the help of Bankfodder and Patricia Pearls book.

 

Given them dates and ammounts and statement references only.

 

Told them its not Stricktly Private and Confidential and that their letter particularily the last paragraph would appear threatening to an ordinary Layperson.

Well it does,

"In the event that we do not hear from you at the end of this period,we may be instructed to apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against our Client Bank,together with an Order for Costs in the Defendant,s favour. We trust that you will note this particular point".

 

Also mentioned to them that the District Judge when awarding Order for Costs takes into account and may be unsympathetic to a party who has tried to threaten their oponent. Read intimidate?

 

fingers xd

john r

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  • 2 weeks later...

Hello again

Ive tried looking in F.A.Q.but not sure if i,m doing it right!

If you have filed on Moneyclaim should you send the court any correspondence you recieve from Lloyds solicitors,with a copy of your reply and if so were to?

 

looked in Moneyclaims F.A.Q.website too NO ANSWER.

 

sORRY IF I,M NOTMAKING MUCH sense as i,m feeling as rough as Lloyds butchers dog...night nuight and its not the drink!.wish the bankmanager,s felt like this.no offence to the fair ones.

john r

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Hi Lancsman,

 

Presumably Northampton isn't your local county court? If not, then you don't need to take any further action. Looking at your progress so far, they acknowledged the claim on 17/06? Presumably this means they've now filed their defense?

 

If this is the case, the claim will automatically be referred to your local county court. From your local court you will receive a copy of Lloyd's defense and a court allocation questionnaire, which is due to be returned within 14 days. It's around about now that Lloyds start getting fidgety and considering whether to offer you a settlement ;)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hello reload,They filed an acknowledgement of service (wed14thJune)"in order that we may file our client,s defence to these proceedings in due course".

By their calculations this must be filed and served no later than 4.00pm on friday 7th July(this week).They asked for further info.Each and every amount.Dates of each and every charge.Replied after Bankfodder kindly checked out their letter.

So with your info i will just sit tight and wait till friday to see their defence..

ta all.

john r

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Best of luck to the both of you - but chances are they'll probably file on Thursday :rolleyes:

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Yes me ducks as they say in Lincolnshire,they have filed their defence,seems in the same vein as others i,ve seen.

 

Will send it to admin when i can get "it"to copy.

 

Filling in allocation questionaire going to re-phrase "JONIBADS" other info bit on "feduciary"and "breakdown of costs involved in managing specific wrongdoings of customer/ charges incurred".

 

Last day to hand in A.Q.25th july,in my local court.

 

Think i might wait a little while see if they sweat!!!but will be sure to hand it in before that date appen a week before.

john r

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