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lancsman

Nationwide first.Lloyds last but not least ***WON***

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WITHOUT PREJUDICE CONFIDENTIAL AND PRIVELEGED. STRICTLY PRIVATE AND CONFIDENTIAL!

tHEY WANT .eACH AND EVERY INDIVIDUAL CHARGETHAT YOU ARE CLAIMING AND DISPUTING

tHE DATE OF EACH N EVERY CHARGE THAT YOU SAY WAS DEDUCTED FROM YOUR ACCOUNT

HOW YOU CALC, INTEREST

HOW YOU CALC SUM OF£****.**

WILL P.M. RELEVANT FOLK LATER BUSY DAY


john r

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Hi Lancs, I tried to reply to your PM, but got this msg...

 

lancsman has exceeded their stored private messages quota and can not accept further messages until they clear some space. :p

 

Well done!:D Glad you have had an offer of settlement, hope you get your money back soon!

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Thanks Stadium. have now cleared my "store" of mail so can recieve.

Had contact from/to Bankfodder who kindly wrote a far more eloquent piece of prose than the letter i had.(which was about to be sent back to the Sechiarri trio)

Bankfodder's version has quite rightly embodied more issues than the mere ammount of money i,m claiming back.Which when you remember the threads youve looked through,the stark facts of what the Feduiciaries are doing is appalling.

 

The sechiarri trio must be helishly busy as even after i wrote to them they were still 4 days late in replying(to the end of the stay).The letter is off by Special Delivery(it says guaranteed to arrive by 1.00pm next day!)It also has to be signed for.we,l see what they make of that.

 

It was an epic getting it sorted as my printer decided to DIE at a most inconvenient time.HAD TO RING A FRIEND!To find out how to load it onto a disc to take to work for boss to print for me!

 

But its sent,rang the court to ask wether they should have copies of all communication recieved and sent as it said on their letter to me"Strictly Private & Confidential",also on't other side"Without Prejudice Confidencial and Priveleged"

THE CLARK SAID IT WILL BE CONFIDENTIAL BETWEEN THE COURT ME AND THE BANK

 

She also asked if i had recievedthe Hearing date?no says i. 5th October @11.30(preliminary Hearing,15minutes)

So they will get a copy of both Sechiarris reply to stay and my 2cd reply to them on Thursday.

 

lets see wot appens!


john r

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Letter to the Sechiarri trio after they are..."instructed to write to you with regards to the possibility of an amicably settlement to your alleged claim"...(Good Grammar from solicitors?)

They deny any breach of contract and state that "where you have insufficient funds you are making a request to the bank for an increased overdraft which the bank may meet or decline.If it meets your request you must pay the necessary charges".

 

( WHEN IT DOES NOT MEET THE "REQUEST"YOU ARE STILL CHARGED AND WHOEVER YOU WERE PAYING CHARGES YOU TOO OF COURSE)They didn,t mention that of course!

...As such it is in the bank's opinion that there is no merit in your claim.However,regrettably,costs of resolving a dispute can easily exceed the amount in issue,etc,etc,etc.

Mr xxxxxxx xxxxxxxx

xxxxxx xxxxxx xx

xxxxx

xxxxx

xxxxxxx

xxxxxxxxxxxxxxx

 

Your Reference SO/xxx/xxxxxxxx/xxxxxxxxxxxxxxxxxx

 

Dear Sir or Madam

 

This is the second time that I am writing to you in an attempt to comply with the court order dated 01 August 2006.By District Judge xxxxxxxxx,at xxxxxxxx County Court.

 

I take it that the object of a negotiation is to avoid litigation by having a sensible discussion in order to try and achieve a solution which would anticipate the decision of a court if the matter was actually heard. This means that we need to clarify the issues and then see if we can reconcile our areas of disagreement.

 

My position as you know is that I object to the charges which the bank makes because I say they are penalties and that they exceed actual costs.

 

Your position is that they are not penalties, but they are merely fees which are levied for a contractual service and because of this you are entitled to profit.

 

My fallback position is that I do not accept that the charges are for a contractual service. However I have already signalled to you and to the court that if they are then you should only the entitled to charge a reasonable fee for this service.

 

On the matter of penalties, let me say that I accept without reservation the Bank’s right to recover its actual losses caused by my contractual breaches. As you know, it is only that I do not believe that the level of penalty charges levied by the bank is only sufficient to cover those losses. It goes without saying that your defence that the charges are not penalties is tantamount to an admission that they are profit-making.

 

However, if you will provide evidence to show that the charge's levied exactly equall your losses incurred by my breaches then I will be happy to give up my action or to amend it so that my claim is only for a figure which is above that which is required by the bank to cover its costs.

 

On the other hand, if the charges are contractual as you say they are, then as you know, my position is that the charges may only be levied at a reasonable rate. Section 15 of the Supply of Goods and Services Act 1982 makes this clear.

 

If I were convinced that you were correct as to the status of the charges then I would agree that I should be obliged to pay you a fee. The fee would have to be reasonable.

 

I consider that the test for reasonableness in this circumstance would be to measure the reasonable markup of a reasonably successful high Street business. This is because the bank is a UK High Street Business. The present normal markup for high Street businesses is about 100%. If we did decide to accept your position as to the status of the charges then I would require you merely once again to provide evidence of the actual costs to you of supplying your "service" and I would be happy to pay you the reasonable markup. (However as you know, I do not accept that your charges are contractual fees).

 

I am sure that you are aware that ever since the law relating to penalties was established in the late 1800s that contractual parties have regularly attempted to disguise their penalties as contractual services of some type. The Cases are full of discussions about this. The courts are fully aware of this technique of avoiding the Common Law. Even the Office of Fair Trading report earlier this year referred to this and stated that institutions should not attempt to disguise their penalties.

 

It seems to me this whole case can be easily settled if you simply provide evidence of your actual costs. It is very clear that this is the stumbling block for your clients and all of the other banks which are presently involved in the current flood of penalty charge litigation.

 

I have a list of 17 cases which have been started against Lloyds bank -- including case numbers, all of which have been settled by the bank.

 

In fact I have a list of nearly 300 cases -- including case numbers, which have been brought against UK high street banks this year and which have all been settled by the banks. Every bank refuses to disclose its costs information. There were even difficulties in disclosing this information under conditions of confidentiality to the Office of Fair Trading when they were investigating charges over the previous couple of years.

 

It goes without saying that the flood of litigation at the moment is putting a heavy burden on private individuals but also on the Courts Service which is a scarce public resource. A reasonable inference is that the banks are not serious about their litigation and that they are merely attempting to wear out claimants. I am sure that if the banks were not Defendants, that would by now have been judged Vexatious.

 

As you know, the oft reported on credit card charge's. However their report said that there findings should read across to bank charges as well.

 

Did you know that the OFT will be releasing a further statement in September and which is expected to relate directly to bank charges?

 

Anyway, that is what I have to say. Provide the evidence of your clients costs and I think that we can deal with the remaining issue very swiftly. I believe that a court would require no less than this.

 

Yours sincerely


john r

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That letter should surely give them a well deserved kick up the butt! Hope you hear from them soon.

:-)

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dioch n vawr.

They and all banks that are NOT looking after our interests by making obsenely big profits on our backs deserve a good kick in the butt

by the way what part of Wales are you in i climb in Snowdonia and lied on Anglesey for 3 years.Happier times!


john r

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Hey, I'm impressed, you know a little welsh;) I'm not far from Cardiff, 10 min drive. I just wish there was decent parking outside the court! lol.

There is some beautiful countryside in mid/west wales, you must get great views when you climb:D

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Oops that should read "lived"on Anglesey not lies.Ruthin in a couple of weeks with my dad.

There never is decent parking outside courts its so traffic wardens can book you...I enjoy any scenery when i climb it doesn,t matter what its like because THEY can,t get at you when your up there.

 

PRELIMINARY HEARING SET FOR 5 TH OCTOBER @11.30 OOER BEST GET ME BITS TOGETHER!

 

Apologies Sue 4 not replyin as my alert didn,t!


john r

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Hello folks

Must b losing it can,t remember how to get my epsom scanner to copy so i can print the latest missive from dear old Lloyds who have decided to reply to my last letter printed a few threads ago!

 

It seems that the ice cream sellers are out so Mr jamie O'neill Of the Service Recovery Centre.Has decided to reply...Nice of him.

 

They are not going to enter into any further correspondence regarding the points raised!

 

If i can fathom my printer i,l put it on here..


john r

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Hi lancsman,

 

Sounds like one of the letters in my template response thread - linky in signature. Guess it's on to the next stage for you then :)


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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Looking forward to seeing that letter, why has your claim been passed to the service recovery center? Hopefully they will settle before 5th Oct :-)

My printer has never seen so much action as it has in the past few months lol, need to get some more ink! Hope you fathom yours out ;-)

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Still not fathomed it out,its gone all broody on me!(the printer!)

I was as shocked as you where but not suprised as the ice cream sellers are far to busy to liase with a mere me!

lots to do tum te tum

Wish me lots more luck with the printer!!!!!!!! must dash.dioch nastau


john r

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Hello People

Been on hols 4 a while to north wales,climbing very nice.Only to get back and have it spoiled,1/2 sleepless night!

Dear old ice cream sellers were too busy to read my last letter (which they signed for on the 22cd September!)

Sent me an ignorant one,with the last para saying that if they didn,t hear from me that "we reserve the right to bring this letter together with enclosures to the attention of the district judge on a ? of costs bearing in mind that the Bank is minded to the ? of the possibility of an amicable settlement of your claim.We trust that you will note this particular point".

You know i,m fed up with them .They always seem to be threatening something!

 

Anyway rang them after i confirmed with Royal Mail that they got it and SIGNED FOR IT! "Oh we don,t appear to have it in your file" followed by "could you fax it"and could you find out who signed for it and let us know!!! We seem to have heard that before....

So they,ve got it.(have to be quick though hearing on Thursday5th!!)

must dash now my defence to organise since most of it CRASHED!!!!


john r

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Just wanted to know if youve heard anything lancsman as your due in court tomorrow, if not the best of luck and let us knnow how you get on


 

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oow getting quietly drunk as them b******s have PAID UP.pity its all swallowed up but i will be paying a donation into the funds from my current account. they rang me at 3.00 this afternoon to say lloyds had piad (they have checked internet),and they would be writing to the court(how can they get it there its tomorrow!)advised i werite too.

must go need a lie down wifey oprened a good bottle of wine!


john r

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Well done mate!!


FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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CONGRATULATIONS!!!:):D:):D

At last Lancs!! this is great news, am so pleased for you!:D

 

Do you have a hangover today?;-) Thats so typical of SC&M to leave it til the last minute, will you be ringing the court today to let them know?

Glad you had a good holiday, good timing too, the weather im Wales is pretty cr*p today!

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Woot!

 

CONGRATULATIONS!!!!

 

:D :D :D


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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lancsman

 

Well done mate - you deserve it !!!

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Oh, don't forget to fill out the Bank Charges survey :)


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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many congratulations lancsman, really chuffed for you


 

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Thanks everyone its been a particularily hard and worrying time with Lloyds and their icecream seller's have been abrupt,threatening and unhelpfull.losing registered mail!replying late to "stays" etc.

 

I will stay around try and help.lots more people put in the sh*t with these unlawfull charges.

 

see you later forms and donations to sort out bbfn

 

lancsman dioch n vawr stadium


john r

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wow, matey brilliant....well done......

 

some light there at the end of the tunnel eh..........

 

I'm not that confident but here's hoping

 

freebird x


1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Thanks freebird they will stall and stall ask for each and every charge sign for and "lose"letters all sorts but will 99.9% of the time pay up BUTone day it may go to court BE PREPARED.You might be lucky and be paid but they may slip up and end up in court with you.

persist persist and persist.and you may end up with a night on the p**s like ive just had

best of luck.


john r

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Congratulations lancsman. I will put WON in your title but leave it in the main forum for a while so everyone will see your good news.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4808 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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