Sean v's Lloyds *LLOYDS ABUSE STRIKE OUT*

[Glenn UK]

If no one posts before i get home ill try to send you a link

 

Glenn

[charleyfarley]

Is this the case??

ex parte London Borough of Hackney -v- Maureen Mullen [1996] EWCA Civ 76718 Oct 1996

CA

Housing, Litigation PracticeThe authority appealed a fine of £5,000 for a breach of an undertaking to carry out repairs to their tenant's property. They complained that there had been no evidence of previous breaches, and that the judge had been wrong to take account of other breaches. Held: The authority might have applied for an adjournment, anticipating the order to be made. It had not. The judge was exercising a proper discretion, was entitled to take account of other breaches, and also to use his own special knowledge of the respondent's behaviour in other cases. An affidavit from the authority that it had only broken one such order in the previous twelve months was not to the point.Link omitted

[flower19]

Hello everyone

 

Thank you for all your postings which are very helpful and encouraging.

 

I am in the process of preparing a letter to be sent to my bank, Lloyds TSB, requesting payment of charges together with a Schedule of Charges.

 

However, I am a slightly confused as to how one works out the proportion of the overdraft interest which was caused solely from the unlawful charges.

 

It is clear from my statements that overdraft interest was always charged on the same day as the charges itself.

 

Also, what is the correct department and address at Lloyds to where the letter should be sent to?

 

 

Thanking you all.

[Glenn UK]

Flower

 

try using one of the spreadsheets provided for the prupose of working out interest, it will estimate it for you.

 

And then you put in the rate of interest you ar charging the bank for taking your money unlawfully andit works that out too.

 

Please strat your own thread on the LBTSB forum and post your quesiotns in there.

 

HTH

 

glenn

[flower19]

Thanks

 

I am posting for the first time so I guess I must have posted in the incorrect place...sorry.

[Glenn UK]

Its no problem flower

 

Glenn

[sean1]

Hi,

 

I have received another letter from the court today: -

 

Upon the Courts own motion. The Court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

 

IT IS ORDERED THAT

1/ The Defendant's defence be struck out, as per the order dated 17th Jan 07

 

2/ There be a judgement for the Claimant in the sum of £____ plus costs of £___, payable by the Defendant to the Claimant by 21st Feb 07.

 

 

All being well they will not contest the Courts order.

 

Regards

Sean.

[GuidoT]

This is what I like to see a nice robust judge, he just struck it out. This is textbook stuff.

 

You are now home and dry, very little Lloyds can do about that order. They can appeal, but that would be heard in the Court of Appeal and that would result in a precedent being set (win or loose) and that would bind the lower courts.

 

Lloyds have been avoiding county court trials for long enough, which do not bind any other courts, never the allowing something to go to the Court of Appeal.

[Movingon]

You can bet that if they DID appeal, they would apply to have their disclosure made in private without the claimant being permitted to see it (which is within a Judge's power). HOWEVER, I bet the Judiciary are SO PEED OFF with the banks by now that they would order disclosure to be a matter of public record... and what's more I bet the banks know this.

 

They have REALLY shot themselves in both feet now...

[sheepshead]

Absolutely blinding result!!!! good on that Judge - lets hope all courts follow suit against all banks. Im drafting up an application to request summary judgement on my case in Bromley County court, their defence has been in 6 weeks and no hearing date in sight.

[mcuth]

Oh, that's just EXCELLENT Sean - congratulations

 

Cheers

 

Michael

[kazzaw]

Well done Sean!!

 

Look what I got today:

 

Before DISTRICT JUDGE sitting at Newark County court...................

 

EX PARTE and

Upon reading the Claimant's faxed letter dated 26 January 2007.

 

IT IS ORDERED THAT

 

There be Judgement for the Claimant in the sum requested - £246.34 payable in 14 days (i.e on or before 12 February 2007.)

 

Dated 29 January 2007

[halibut]

I live in Lincoln and have filed against Halifax at Lincoln court. Their 14 day deadline to respond is on the 8th Why don't I get a letter like this lol Well done to you!

[Movingon]

I live in Lincoln and have filed against Halifax at Lincoln court. Their 14 day deadline to respond is on the 8th Why don't I get a letter like this lol Well done to you!

 

Because it's about three stages too early yet... give it time...

[sean1]

Well done to you to Kazzaw, not long to wait!

 

Thanks everyone for your comments.

 

I will wait and see now if I receive a cheque from them.

 

Regards

Sean.

[crackberry]

Hi,

 

I have just received a reply from the court as below...

 

Upon the courts own motion. The court has made this order of its own initiative without a hearing.

 

It is ordered that

....

 

3/ The court considers the authority of Mullen-VHackney London Borough Council (1997)2 A11ER 906 relevant

 

 

 

 

Appeal by the defendant London Borough of Hackney (LBH) from a decision of County Court judge (HHJ Graham QC) ordering them, under the provisions of s.14(4A) of the Contempt of Court Act 1981, to pay a £5000 fine. The respondent was a secure tenant who pursued a claim for compensation and for a mandatory order to carry out remedial work. A consent order was made by the Court containing an undertaking by LBH to carry out specified works of repairs within a given period. The fine was in respect of the breach of this undertaking. LBH contended the judge had erred in law in taking into consideration previous instances in different cases where LBH had failed to honour undertakings given to the Court, there being no evidence before the Court as to such previous breaches. HELD: (1) Courts may take judicial notice of matters which are so notorious or clearly established or susceptible of demonstration by reference to a readily obtainable and authoritative source, that evidence of their existence is unnecessary. Judges have a wide discretion and may notice much that they are not required to notice, such notice being in some cases conclusive and in others prima facie and rebuttable. (2) A judge can rely on his own local knowledge, as long as he does so properly and within reasonable limits, and as long as that knowledge is general in character and not liable to be varied by the specific characteristics of the particular case. Judges using such knowledge were to be regarded as fulfilling a constitutional function. (3) Applying these principles to the present case, the judge was entitled to take Judicial Notice of his special or local knowledge of how the appellant had conducted itself in relation to undertakings given in similar cases. (4) The facts noticeable were relevant in deciding the appropriate sanction. The judge did not err in the exercise of his discretion to take such matters into account, and it was for him to decide what weight to attach to the knowledge once he had decided to take notice. It being acknowledged by the appellants that the fine could not be regarded as manifestly excessive if it was permissible to take notice, the appeal was dismissed.

 

 

 

Mr Ranjit Bhose instructed by Christopher Hinde, Hackney for the respondents. The plaintiff did not appear and was not represented.

[sean1]

Hi everyone,

 

I went to the bank this morning and my money was there waiting for me.

 

I would just like to to say a huge thanks to every one who helped me get here - I couldn't have done it with out you.

 

Regards

Sean.

[GuidoT]

Nice work, close out here:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

[GuidoT]

Sean, please could you post your claim number please.

[c-m]

another plea for claim numbers

[Jennifrance1]

Hi

 

I am new to this lark - have been pursuing Yorkshire Bank since mid-february for over £5000 of charges!!! Am now at court stage and bankd have just filed a defence (1 day before due date). Can anyone tell me what might happen now and also what procedure is as this is a County Court claim and not a Small Claims case. I can find loads of info about Small Claims but nothing regarding County Court. HELPPPP. Am determined not to give up but need info before hearing date.

 

Thanks

[nicsussex]

Jennifrance1 - Small claims cases are heard in the county court - suggest you have a good read around of the FAQs and start your own thread in the YB forum where you will get much more relevant help

[Jennifrance1]

Thanks Sean

 

Am new to site so was trying to find updated info - will try YB site

[baffledclient]

Can anybody help me and my husband? We are trying to get back £7000 from LLOYDSTSB it is now in the hands of our local county court. We've paid our £240 fees but have no dates for judgements. I was talking to my friend today who works for Barclays and she said Barclays haven't taken court action on any cases! Are we wasting our time in reality or should we continue and use the defence that banks shouldn't profit from our misery?

[GuidoT]

BC you need to start your own thread as here and post up details of your claim:

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/13182-how-make-posts-please.html

 

No you are not wasting your time.