spafford v LloydsTSB ***SETTLED IN FULL***

[spafford]

Hi

Read your site with enthusiasm as I had bank charges of £653 so thought |I'd give it a go

Got copy statements ok - although they did turn up on the very last date by which LloydsTSB had to send them

Sent all the letters but got no joy and they refused to reimburse

Sent the court forms and just got a reply back today saying that they intend to defend all of the claim

Am quite worried now that i will have to go to court to fight my cause

It somehow doesn't seem too bad writing letters but seems to be a little overwhelming with the realisation that i will have to speak in front of not only a Judge bu Lloyds TSB solicitors as well - all on my own !!!!

Any hints and tips gratefully received

Karl

[kevpryor82]

Hang on in there mate. I am not a financial expert at all, and am in this just to help out my brother who has had his fair share of charges. Stay calm and remember that they will have to produce their costs if it goes to court. If their costs are excessive, (which we as a nation all think they are, or wouldn't be doing this) then they are guilty. They are probably just trying to sweat you out in the hope you will be intimidated by action and will forget about it. Hang on in there and pkeep us posted on your progress?

[spafford]

Thanks for that - and boy am I sweating

My Mum worked for Lloyds TSB for 23 years but "Escaped" 4 years ago and she seems to have taken this case to heart with avegance and had helped me out loads typing all the letters and filing the court papers etc

Think she's trying to get her own back because apparently it wasn't very nice on the other side of the counter either !!

As a metter of interest do you happen to know if she could talk on my behalf if I do end up in court - she's much better at this sort of thing than me ?

[Kathbaby]

Hi Spafford,Have a read of Kotum's thread in the LLoyds section - he was told his case would be defended too but it didn't come to it and he recently got paid. Nail-biting stuff , but remember it's a corprorate machine , you're not protecting your dinner money from the playground bully and they have to answer to a judge too!

[k23d26]

Hi Karl,

I'm at exactly the same stage as you and yes, it is overwhelming! As you say, letters etc are fine but the harsh reality that it may come to a court hearing fills me with terror! Not much help to you I'm afraid but just to let you know you aren't the only one cacking your pants!!!!

Good Luck to you,

Tracie X

[spafford]

Hi

I just find it unbelievable that for the sake of £653 that a huge organisation like LloydsTSB would even bother to send a solicitor to my local court (Because I WILL get the court altered to my local one if comes down to it !) knowing that theycan't claim back their costs as it's under £5000. I would think that the solicitors costs alone coming down from Brighton for a 1 hour hearing would amount to more than that itself !!

[121o121]

From one Karl to another.

 

Your ahead of me. I'm waiting to start the money claim process on thursday. I'm sure you speak on behalf of everyone. It's hard keeping an eye on all the threads, so sometimes some information escapes. Some of the claims are in the thousands and they have been settled before the case gets to court. Makes you think that a few hundred would definately be settled before, but we can't think like that.

[spafford]

Hi

To all those who sent me messages of encouragement and support just to let you know that LLoyds TSB had until yesterday to file a defence to my claim and guess what - they didn't do it ! So I have applied for the judgement to be sent to them for immediaite payment ! Another satisfied customer thanks

[spafford]

Hi

Just to encourage all you hopefulls out there

After a bit of a long winded performance (from LLoyds TSB not me I might add!) my claim got to the stage where Lloyds TSB (Sorry to keep swearing and saying that naughty word) sent an acknowledgement to the court that they intended to defend my claim and has until 3/10/06 to do this. They didn't ! I have now advised the court to issue a judgement and to ask for immediate payment for the full amount. So all those people who are thinking of giving up because these organisations seem to want to drag out every case to it's bitter end, DON'T keep on trucking !

Good luck to everyone else and thanks to everyone for their support and encouragement

Karl:-D

[thourb]

Well let me first offer my congratulations, but a bit of a warning too: Don't count your chickens just yet!

 

Although Lloyds have not responded in time, they can still apply to get the judgement overturned, claiming incompetence etc... They will just say to the court that they believe that they have a good chance of successfully defending the case and the judge will allow them to continue.

 

Don't worry though! You will win eventually!

[hellina]

i'm at this point too and have been since 8th september, they havent paid up yet and ill be sending bailiffs in as soon as i have a spare £55!

[toddle2u]

Great News

 

When you get the Judgement do not just get the Courts to enforce it through the Court Bailiffs. To get a better and much more pro active response you should do what is called 'transferring up'. What this does is transfer the enforcement to a high court enforcement officer who has much stronger and far reaching powers than an ordinary bailiff for enforcement. It only costs £50 (same as a Bailiff) and is far more effective. Have a look at Home Page

 

Best of Luck

[spafford]

Unfortunately Lloyds TSB put in a defence albeit a day after the 28 days were uo ! I have rec'd my AQ and will send it back in a couple of days - very dissappointed that the court gives someone a deadline which you would expect should be binding but obviuosly isn't !

Does the court issue a AQ to Lloyds TSB as well becuase I read threads from people saying that they tick the box to ask for one month to try and resolve the matter out of court. Looking at lots of other cases this does seem to be the point where they settle:(

[reload]

Yep, they do send Lloyds an AQ spafford - unlucky on the Judgement strike-out

[spafford]

Hi Reload

Can you please advise me - do I need to put anything else on the "Other Information" section of the AQ

Karl

[reload]

Your best bet is to look at the Allocation Questionnaires - A Guide to Completion thread in the Bank Templates Library

[khronus]

In 'Other information' I think I put a brief detail of Lloyds delay attempts so the court are aware. However currantly I am just past the stage you are at, both myself and lloyds have fileld in the AQ but that was over a month ago and its the courts that seem to be delaying now! Its been hmm 4-8 weeks since we filledi nAQ and the courts tell us when we phone that its gone to the judge for a hearing time..expect a long wait but as for your form I dont believe you need to put anything in there.

 

K

[thourb]

Make sure that in the other information that you expect that the hearing will not last longer than one hour. This will help the judge with allocation.

[reload]

As I think Jonni2bad mentions in that thread I posted - you also want to "Respectfully request standard disclosure in the Small Claims track". Tends to put the frighteners on the bank, as they don't want to disclose a single thing!

[k23d26]

Hi Spafford,

How did you get on with your judgement? I had problems with mine. Let me know

tracie X

[breadline]

Welcome to everyone.

This thread will need to be moved to the LLoyds main fourm.

As this is the Welcome forum and from here you pass over to the mian section adn make v's thread to converse in depth reagrding your cliams.

 

If you need to get through to main section the link at teh base of this post " list of banks" will take you through

 

BL:)

[spafford]

Hi

Just thought I'd give all you hopefulls some encouragement. I first began this arduous task on behalf of my son in May by getting duplicate statements etc from Lloyds TSB (becuase you know what young lads and paperwork are like !) Went down the whole usual route and got letter from the court this week to say that court date set for 16th February 2007 !!! Had settled down for a long wait but letter from SCM turned up today, with an offer of settlement for the full amount including the court fees, plus interest (which I hadn't included in my claim becuase it just seemed too complicated to work it all out for such a small amount )

So there we are then, I might get a good Xmas pressie from him this year

Thanks especially to GaryH

Elaine

[breadline]

Hi Spafford WellDone:D

Make sure the cheque clears and money is in the bank before you cancel that claim.

BL:)

[GaryH]

WOOOHOOOO!!!

 

Congatulations Elaine (and Karl), thats really good news - and just when you thought you'd have to wait till Febuary!

 

All the best and enjoy the money.

[skbuncks]

:) Congratulations Spafford :)

 

Nice to see **** paying out early for once

 

skb