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

[arni999]

Who knows, the court may use this as a test case and make lloyds face the music for once. I think it's great that someone is fighting back so hard. keep up the good work

[elizabeth1]

m55dlc - I wish you luck with this claim and hope you win!!! Seems these banks sure know how to make it difficult for themselves??

[m55dlc]

And the plot thickens. I'm awaiting for judgement on my counterclaim after their claim was thrown out then out of the blue I get a pre-court questionnaire from Lloyds TSB over a different account, this time telling me that they will file for £490.00

 

Are these people stupid, or do they think they will intimidate me a second time. I've recalculated what they owe me and it is currently over £21,000.00. I am getting default notices removed following my last claim, this time I'm going for the whole lot - warts and all. I've sent them a letter that basically states if I hear anything else about this claim I will counterclaim for the whole amount, and will file a MoneyClaim anyway by the 10th January if not settled in full by that time.

 

My claim is for more than just charges, I've got fraud etc etc (see above). I actually want to go to court, this is not about the money anymore. They've made personal attacks and I will defend, I will also have the last laugh, irrespective of whether I win or loose.

[special_k]

I'd really love to know how this turns out.

 

Could this be seen as retaliatory action, perhaps?

[m55dlc]

Retaliatory or stupid? Do they check their records before issuing more inane litigation? If I successfully defended a claim for £2650 less than a month ago, do they actually believe I wouldn't defend a claim for £490?

 

It beggars belief

[elizabeth1]

I have been reading this thread with great interest - the stupidity of these companies makes me laugh - they of course realise they are wrong and still try to intimidate!!

 

I know you'll defend and win this - so glad you won't back down and let these people have their own way!!

 

Goodluck - have a happy Christmas holiday I am sure you will battle on in the new year!!!

[m55dlc]

Right, time for an update:

 

LTSB sent me a nasty letter in December 2006 threatening court action over the £490.00 debt. I phoned Collections in Brighton and informed them of the situation. I said at that time that any moneyclaim filed against me will result in an immediate (10 minutes after receipt) counterclaim for over £21,000 including 3 breaches under the DPA, 3 breaches under the CCA and 1 count of theft, along with tampering with a computer system (not sure if this is just under the DPA or fraud as well). Bloke from LTSB wanted details of all of this, including evidence, but I told him no go. I also told him that I will file a moneyclaim for all of this anyway, when I get judgement on my counterclaim from the last moneyclaim they issued. LTSB has frozen action for a month pending further investigations (and we all know how thoroughly they investigate don't we!).

 

I hadn't received any response from my letter dated 11th December 2006 to Reading County Court asking for judgement on my counterclaim, so I called them on the 5th January 2007. The person I spoke to cited delays over the festive period and that the matter would be dealt with in a week or two. Yesterday I received the following response from the court:

 

'Upon reading a letter from the Defendant(s) dated 11th December 2006

 

WITHOUT NOTICE IT IS COMMENTED AND DIRECTED

 

- Any application for judgement on Counterclaim will have to be on notice, as the DETAILS of any order will have to be specified'

 

Now, if we go back a bit on this saga, I didn't send in any supporting documentation to the courts as LTSB ([problem]) failed to send in their AQ and I effectively won by default. Am I right in assuming the response from the court is an invitation to submit evidence? If this is so, what exactly do I need to send in? I've built up a few pieces from CAG, but a checklist (or pointers) would be greatly appreciated.

 

The saga continues to continue, but my sense of being wronged doesn't diminish

[jo1006]

OMG:o

This thread is better than any Soap. Tracey can kill Charlie..Tom King is still dead, but this is holding my attention much more closely.

I am keeping everything crossed for you and watching with great interest.

dont drop off the site now...we are addicted.

GOOD LUCK.

Jo 'n' Mick.:grin::grin:

[Sparkie1723]

M55DLC

I've been reading all your posts and am dead interested I,m taking the RBOS for a little bit more than you are taking Lloyds, I' like to throw in something to add to your pot.

The oft guide lines state that

1...a creditor should refrain from using one debt collector after the other

2...they have to give you notice that they intend to pass the debt on to a different debt collector,

3..because this amounts to harassment under the Protection from Harassment Act 1997

 

A county court has just awarded a woman £37 :000 for harassment by her mother in law under this Act, worth thinking about that.

 

Sparkie1723

[mooreda]

i also look forward to see how this one concludes - all the best

[davethorp]

I'm still watching this with interest too as we are in similar circumstances. Though my own claim suffered a setback today as I was led to believe I would be getting judgement by default but now a hearing date has been allocated

[Stornoway]

Hi, just wanted to subscribe to this v.interesting thread and say good luck.

[datxman]

Hi, just wanted to subscribe to this v.interesting thread and say good luck.

Likewise, and good luck with your claim

 

keep us posted!!!!!

[ladybird17]

I'm posting just so I'm subscribed to this thread - can't wait for next instalment.

[nevos]

I've had one S.A.R - (Subject Access Request) 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 -

 

Just subscribing, good luck!

[The Capitulator]

Just subscribing, very similar case to my own so would like to stay tuned -good luck

TC

[martinhw]

I'm only a few steps away from MCOL for 3 accounts too. Watching with interest.

[Cornucopia]

Right, time for an update:

 

LTSB sent me a nasty letter in December 2006 threatening court action over the £490.00 debt. I phoned Collections in Brighton and informed them of the situation. I said at that time that any moneyclaim filed against me will result in an immediate (10 minutes after receipt) counterclaim for over £21,000 including 3 breaches under the Data Protection Act, 3 breaches under the CCA and 1 count of theft, along with tampering with a computer system (not sure if this is just under the DPA or fraud as well). Bloke from LTSB wanted details of all of this, including evidence, but I told him no go. I also told him that I will file a moneyclaim for all of this anyway, when I get judgement on my counterclaim from the last moneyclaim they issued. LTSB has frozen action for a month pending further investigations (and we all know how thoroughly they investigate don't we!).

 

I hadn't received any response from my letter dated 11th December 2006 to Reading County Court asking for judgement on my counterclaim, so I called them on the 5th January 2007. The person I spoke to cited delays over the festive period and that the matter would be dealt with in a week or two. Yesterday I received the following response from the court:

 

'Upon reading a letter from the Defendant(s) dated 11th December 2006

 

WITHOUT NOTICE IT IS COMMENTED AND DIRECTED

 

- Any application for judgement on Counterclaim will have to be on notice, as the DETAILS of any order will have to be specified'

 

Now, if we go back a bit on this saga, I didn't send in any supporting documentation to the courts as LTSB ([problem]) failed to send in their AQ and I effectively won by default. Am I right in assuming the response from the court is an invitation to submit evidence? If this is so, what exactly do I need to send in? I've built up a few pieces from CAG, but a checklist (or pointers) would be greatly appreciated.

 

The saga continues to continue, but my sense of being wronged doesn't diminish

 

M55! You're a dark horse! Been posting on my MBNA thread, had no IDEA you had all this going on!! Crikey, I am going to need you I think, if you don't mind!

 

Any update on the situation now?

 

Love, Corn xxx:)

[Cornucopia]

Right, time for an update:

 

LTSB sent me a nasty letter in December 2006 threatening court action over the £490.00 debt. I phoned Collections in Brighton and informed them of the situation. I said at that time that any moneyclaim filed against me will result in an immediate (10 minutes after receipt) counterclaim for over £21,000 including 3 breaches under the Data Protection Act, 3 breaches under the CCA and 1 count of theft, along with tampering with a computer system (not sure if this is just under the Data Protection Act or fraud as well). Bloke from LTSB wanted details of all of this, including evidence, but I told him no go. I also told him that I will file a moneyclaim for all of this anyway, when I get judgement on my counterclaim from the last moneyclaim they issued. LTSB has frozen action for a month pending further investigations (and we all know how thoroughly they investigate don't we!).

 

I hadn't received any response from my letter dated 11th December 2006 to Reading County Court asking for judgement on my counterclaim, so I called them on the 5th January 2007. The person I spoke to cited delays over the festive period and that the matter would be dealt with in a week or two. Yesterday I received the following response from the court:

 

'Upon reading a letter from the Defendant(s) dated 11th December 2006

 

WITHOUT NOTICE IT IS COMMENTED AND DIRECTED

 

- Any application for judgement on Counterclaim will have to be on notice, as the DETAILS of any order will have to be specified'

 

Now, if we go back a bit on this saga, I didn't send in any supporting documentation to the courts as LTSB ([problem]) failed to send in their AQ and I effectively won by default. Am I right in assuming the response from the court is an invitation to submit evidence? If this is so, what exactly do I need to send in? I've built up a few pieces from CAG, but a checklist (or pointers) would be greatly appreciated.

 

The saga continues to continue, but my sense of being wronged doesn't diminish

 

M55! You're a dark horse! Been posting on my MBNA thread, had no IDEA you had all this going on!! Crikey, I am going to need you I think, if you don't mind!

 

Any update on the situation now?

 

Love, Corn xxx:)

[nel3336]

just posting so i can subscribe....all the best

 

nel

[m55dlc]

Corn, things have gone quiet. I've got Moorcroft hastling me and an issue with a GE Capital card (taking me to court) and my wranglings with MBNA - so Lloyds TSB are on the back burner. They are threatening to take me to court over £498.00, so - sod it, let them! (I'll go for the whole lot then).

 

Bankfodder was very helpful with the original LTSB stuff, I'm just kicking myself for just getting the default stuff done (that reminds me, I must phone the courts on Monday to see what the hell is going on).

[Cornucopia]

Corn, things have gone quiet. I've got Moorcroft hastling me and an issue with a GE Capital card (taking me to court) and my wranglings with MBNA - so Lloyds TSB are on the back burner. They are threatening to take me to court over £498.00, so - sod it, let them! (I'll go for the whole lot then).

 

Bankfodder was very helpful with the original LTSB stuff, I'm just kicking myself for just getting the default stuff done (that reminds me, I must phone the courts on Monday to see what the hell is going on).

 

Bloody hell hun, enough going on???!!!! Give us a shout if you need an ear!! Keep us posted xx

[iconoclash]

Hi - had to respond on this - desperately trying to find out how Lloyds (b Horse) managed to take me to court and win (see other thread) with my evidence of their false data and behaviour, and no sight of my counter claim - even a second judge would not look at it so I'm really depressed about it, finding the bill higher now than the orig loan- good luck with this one!!!

[mdecker]

Any up to date news on this one? Seems a very interesting situation re. counterclaim - what's happened in the last couple of months?

[crusty git]

subscribing