Lloyds Credit card claim - but bank is using Supreme Court Ruling on Bank charges to defend!!

[Blondie40]

I would expect BAE to already know that , wouldn't she?

 

Andy

 

Andy

 

I hope you are not being sarcastic.

 

B40

[Blondie40]

BAE

 

Have a few of the posts on here touched a raw nerve with you?

 

 

Blondie,

 

. . .Actually, don't even bother answering that - or posting on this thread - I'm putting you on my 'ignore' list so i don't have to read any more of your bile.

 

 

BAE

 

Wow - Bit CHILDISH of you!

 

B40

[Alloyz1]

BAE, you seem to have everything covered and yet you are taking "pops" at those who took the time out of their busy lives to post on your thread. If you know what you are doing I can't understand why you started this thread in the first place?? All the best and I hope that you get the outcome you desire. CM

 

CM

Great point well put.

Its a shame some people can't respect others point of view, and enter into mature discussion, but instead try to belittle and make fun of them.

[Blossomandebony]

BAE, you seem to have everything covered and yet you are taking "pops" at those who took the time out of their busy lives to post on your thread. If you know what you are doing I can't understand why you started this thread in the first place?? All the best and I hope that you get the outcome you desire. CM

 

HI Chip,

 

I am sorry if I appear abrasive but if I am attacked with snipes and sarcasm I will respond accordingly.

 

To those who have posted with advice or support I am very grateful. And no, I certainly don't know it all - wish I did (!!) - and really do appreciate the help I have received, sometimes by PM, with the questions I have posted on this case.

 

Not confident of the outcome of this case but other people on here have faced much worse situations and I know the worst case scenario. Main thing is to keep a positive attitude, I think, which I'm trying to do.Thanks for the good luck wishes, I may need them!

[Blossomandebony]

Usually required at least 7 days prior to the hearing.. I think it should state that on the bottom of the SJ application. Best of luck and please let us know how you get on

 

Thanks Citizen B.

 

It definitely doesn't say on the Notice of Hearing but I've sent my WS off in advance of 7 days and got proof of posting. My gut feeling (and desperate hope!!) is that they won't get SJ because there are too many complex issues that will need a full hearing to sort out. Quite recently I received new documentation (don't want to go into detaili about it on a public post yet), from the claimant which I am also questioning in my WS. And the issue of the fairness of the charges is a massive one too.

 

What do you think? Is your gut instinct that the case will be sent to a full hearing or do you think they will get SJ?

 

BAE

[Blondie40]

Will all depend on the DJ lottery, as Spamalot found

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?313677-Spam-v-Lloyds-Tsb-and-Summary-Judgement

 

A DJ who knew nothing about Consumer Credit Law found in favour of the claimant. How is that possible?

 

If S C u M don't get SJ due to too many complex issues that will require a full hearing, don't be surprised if they then suggest a settlement prior to trial.

[citizenB]

I think it would appear one of your main struggles is going to be making the Judge understand that charges on Credit Cards. are not, never were and never will be subject to the Supreme Court Judgment.

 

You need to pick holes in their recent documents and submit a supplementary Witness statement.

[Blossomandebony]

Went to the sj hearing a couple of days ago.

 

Got there with half an hour to spare so spent 20 minutes sat in the car going over my WS. Didn't want to go in too early and get nervous, and didn't particularly want to speak to their side before the hearing. As it happened the court was pretty quiet and I was not approached at all when I went in. The reason for this would soon be apparent.

 

Was called in to the judge dead on time - still no sign of their side - and took my seat as reverently as i could. The Dj was a lady who I knew her from two previous hearings; i was slightly worried as she takes no prisoners and likes to make it known that she IS THE LAW. Anyway, that apprehension was about to turn to a totally different emotion as she calmly told me that the other side has faxed an apology and weren't turning up. Eh!!??Apparently their legal rep had some problems(?) and they were requesting an adjournment. I was surprised - I've heard of non attendance many times from the banks but at a SJ hearing that they had applied for?

 

The DJ asked if I wanted to carry on with the hearing. I said yes. She asked about the card - was it mine? Yes. Did I use it? Yes. Did I acknowledge the debt? Yes. So, she asked, could I tell her how I expected to defend their claim? I explained that I though I had, indeed, used the card, I had paid back all my money borrowed and all the interest incurred. The balance was not a 'debt', it was made up of default charges that were not fair, in my opinion. And at the main hearing I would argue this. I explained that when I breached the contract by paying late or going over my limit, the bank would merely send out one electronic letter stating the default and then charge me random amounts of £xx, £xx and £xx which did not represent the cost to the bank of my breach.

 

She then asked about the documentation issues and i explained them to her as best i could, emphasising the poor behaviour of the claimant and lack of response to statutory requests I had made.

 

She consulted her notes a few times and told me that there were issues involved that could only be resolved at a full hearing so the application for SJ would be dismissed. I asked for costs. Had i sent my schedule to the claimant? Yes. Okay, order for costs approved to the amount that I had claimed.

 

I had one or two more questions about the other side disclosing certain documentation etc and was told I could apply for an order for such. Whether it would be successful is another matter.

 

So a good day overall tinged with a little regret that I had not played them at their own game and also applied for a SJ - when they did not turn up would I have had a chance to get SJ there and then? Maybe. But what's done is done and now I have to prepare for the main hearing in November.

 

BAE

[citizenB]

Excellent news.. Just ensure you are well prepared for the main hearing and pray you get the same judge.. who appears to be fair.

[Blondie40]

 

The balance was not a 'debt', it was made up of default charges that were not fair, in my opinion?

 

BAE

 

Why continue to use the card if, in your opinion, the default charges were not fair.

 

 

I explained that I though I had, indeed, used the card, I had paid back all my money borrowed and all the interest incurred.

 

BAE

 

 

 

Hi Blondie,

 

Lloyds originally sued me for #2000., (the debt on my credit card when it defaulted). But because there are #3000 worth of charges on the account I am counterclaiming against them for #1000. Does that clear it up?

 

BAE

 

BAE

 

How can you tell a DJ you have paid back all the money borrowed and all interest incurred?