Bank has preempted my court action and is taking ME to court

[m55dlc]

I'm just about to send the LBA to Lloyds TSB on four accounts when I received a court pack from them. They are taking me to court over an overdraft I have not paid back. They are claiming £2600, but my charges in the last 6 years amount to £7600 on this account alone. Over the other three accounts there is a further £7000 in charges I am going after. My gut feeling on this is that it is an intimidation tactic and that I will use the amount and nature of charges in my defense. Has anyone else suffered this twist in their actions? I'm a little bit nervous at this turn of events, but will post a defence and fund a solicitor and attend court.

 

If anyone has any experiences like this please let me know.

 

I have a number of other issues regarding a personal loan with Lloyds TSB (and being charged for payment protection) but that is another story and I'm going to persue this one later.

[Bookworm]

Did they just send you a court claim? No previous letters?

 

The way I see it, let them, and counterclaim. Don't waste money on a solicitor for now, more advice to come.

 

AFAIK, yes, you are the 1st one to whom this has happened. Don't get nervous, this can be dealt with.

[m55dlc]

I received a letter yesterday saying they were not going to enter into any more correspondence with me regarding my preliminary letter, then the moneyclaim pack arrived this morning. I'm not worried as yet, Lloyds have messed up on numerous occasions and have acted fraudulently on other matters. I'm still going to send the LBA to all four accounts and post a defense.

 

All help / comments / guidance on filling out the defence would be greatly appreciated

 

Thanks

[Bookworm]

Well, then, for starters, they are in breach of the CPR, as they should give you a "reasonable" (usually deemed 28 days, that's why we give them the 14 + 14)time to try and settle out of court. That's not wise of them.

 

Can you post here their exact particulars of claim, so we can advise on defence? Cheers.

 

Oh, and I'm going to move your thread to the LTSB forum, as this one is likely to be going on for a bit

[BankFodder]

don't worry about it.

 

This is potentially excellent news for you because if you are sure of your level of charges then you will use that as the bases of your defence and they will have to produce evidence to show their costs.

 

You may not realise it but this is the best thing that could happen to you. Send me a private message and we will deal with it

[m55dlc]

I will do, but that'll be tomorrow morning.

Thanks Bookworm

[Bookworm]

Ok, listen to him, not me .

[brecken]

This happened to me also, I entered a defence, saying I disputed the amount due to it being made up of unlawful charges, or worda to that effect, didnt hear another thing.

[cathrionas]

I think I'm turning into a real CAG anorak - I just clapped my hands together with glee - this is soooooooo exciting. Best of luck!!!!!!

Cat

[Bookworm]

Cath, go OUTSIDE!!!!

[PeteCC]

Outside? There's an outside?

[m55dlc]

We've been involved in a long running saga with LTSB for nearly two years over this. I've had one SAR ignored (Dec 2004) and one partially fulfilled. They have deleted entries from their records - one of which is really dumb as I have a letter from them quoting their entry - but that's not directly related to this. I've had solicitors letters from them on a number of occasions threatening this and that and they have appointed DCA's (four at the last count) all of whom eventually get the message that I am not going to repay any monies to them until they address my charges issue. As such, all went quiet on the LTSB front until I sent them a poke in August, saying they should get someone from Customer Services to talk to me or I'd take the CAG approach. Their response was to appoint yet another DCA for yet another round of letters and phone calls and yet more reiteration that under no circumstances was I going to pay this until someone addressed my very relevant and pertinent issues.

 

Having been on the right side of the law with respect to this debt and DCA's, I've had the full brunt of a number of different organisations endeavours to make me pay - quite enlightening really - I'm not surprised people cave in and pay up - but all this has meant is that I know their game, I'm aware of what they can and can't do and I'm not intimidated at all by anything they do or say (apart from the court appearance thing - still a little bit nervous about that, but committed and able to defend).

 

The thing is, I've got over 10 years experience in the DM (and EDM) industries and have access to information (erm, lists of a certain type) which, if I had the inclination to use, would open the claim floodgates on a truely national scale. If they persist in continuing to deal with me in this manner, I may well be forced to hit them where it hurts (their bank balance for a change!)

 

I'm as frustrated as the rest of you regarding their practices and I've been embroiled in it for two years now. Can you sue for lack of sleep? stress? etc?

[darling]

Oh what a wonderful thread, this is going to be an exciting 'read'. I too will be claiming from LLoyds TSB but not for a while yet (we have 3 personal a/cs, and 2 business a/c's with them) and need to 'get our house in order' before I can consider taking them on. So this thread is truly going to be one to watch.

Good luck and keep going, you have my support.

[lurchy666]

good luck mate keep us informed

[m55dlc]

I've filed the Acknowledgement of Service at Reading County Court. I'm going to post my defense around the 12th. Once this is done we shall see if they progress the claim any further. I'll keep you posted.

 

On a different account with Lloyds TSB, I've just sent my LBA, just to keep the screw turning. I've got two other accounts with them which I'm going to begin the process on them as soon as these other two complete.

 

I'm now confident that I'm in the right and the court doesn't seem so scary.

[m55dlc]

Just thought I'd add that I've now filed my AQ and, despite a little bit of a wobbler over the court trying to charge be £1700.00 to post a counterclaim, all seems well. I'm waiting to see if LTSB have completed their AQ. The deadline for the AQ is today (14/11) so we'll wait and see what they do.

[Bonane]

M55dlc

 

Just a bump. Good luck bud, while i am new to the community your spirit is commendable, maybe you will open the flood gates.

 

All the best.

 

Bonane

[121o121]

Had to make a post to subscribe.

 

One thread I'm sure we'll all be following.

[m55dlc]

I've just called Reading County Court and it appears LTSB's solicitors haven't posted their AQ yet and the deadline was 8 days ago. Surely their claim should be struck out just leaving my counterclaim present? The court officer I spoke to said they would send a following up letter to LTSB's solicitors, but that as they've had to do that it would go in my favour with the judge.

 

Just thought I'd keep you all informed

[davethorp]

Well as you've seen my thread you know we are in similar boats though you are slightly ahead of me and they owe you a lot more (lucky you ).

 

Best of luck with your counterclaim and I'll be watching you to see how mine is likely to go though I think we all know there is only one way they can go :D

[bigmama59]

Good luck!!

[m55dlc]

I received a letter from Reading CC following my prompt. It gives [problem] 7 days to file their AQ and pay the £100.00 fee. That is up on Wednesday, so we'll see then what the Judge says. Hmmm.... Should I now just go for the whole lot, or write them a letter giving them a chance to settle before I go for the big claim? I believe the letter option would go down better with the judge.

[m55dlc]

OOOOOOOOH!!!!!

 

The claim against me has just been thrown out of court (no AQ from [problem] and LTSB) and I'm writing for clarification from the judge on my counterclaim.

 

Strangely enough, a different customer services department has contacted me from LTSB saying they are sorry to hear of my grievances and will fully investigate my issues and will get back to me within 4 weeks of the date on my letter. Funnily enough, I haven't written to Lloyds TSB since mid-September (the letter prompted this whole court thing in the first place). I'll give them a little bit of rope and see what they say this time, even though I've received 3 final response letters from them now.

 

I'm finalising my claim for £18k as we speak and will hopefully be posting it before Christmas

[arni999]

18k?? Wow, now that is a claim and a half!! I'll be keeping an eye on this one. It's almost as thrilling as jumping out of planes (well, maybe not but close) hehe

[m55dlc]

It's also not just bank charges. My issues with LTSB are long, so has the fight (2004!!!!!). We've got theft, unanswered SAR's, incomplete SAR's, edited SAR's, misplaced agreements - to name but a few. I may well reach the court room!