Moneyclaim here I come **ANOTHER WON**

[kotum45]

Thanks for all your comments and good thoughts.

I have today received a defence from Lloyds. However, even though it is the same defence they used agains other claims, it seems to be filed by different solicitors. The name of the company is: Sechiari Clark & Mithcell.

They claim that there is no breach of contract and it is a service.

So I am going to read further and do some research. If anyone has any good source of info please let me know....

I should change the title to "courts here i come".

It is good to know I am not alone, I was being paranoid

[wolfcub]

Hi Kotum,

 

Hows your case? Just filling in Court Allocation Questionnaire - what did you put inh the section "Other Information"?

 

Appreciate your help.

 

Cheers

Wolfcub

[HD]

I asked that recently and bankfodder suggested not putting anything

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=7187

[Lorraine]

Hi,

 

Lloyds have said they are going to fight my case -different solictors to yours though. They acknowledged my claim and have up to 28th May - Not sure where I go from here. Just thought since you have a step ahead - any comments. Do I wait to get a questionnaire? from Lloyds. Really appreciate your help.

 

Lorraine

[kotum45]

Sorry I haven't logged in for a while.

 

 

Lorraine, they are soon going to submit their defence and you will receive an allocation questionnaire shortly after that. I have sent mine recently, it is very easy and self-explainotary.

 

Wolfcub, I have left that part blank.

 

I honestly think these people are testing our nerves. Don't give up, they are going to wait until the last minute.

[kotum45]

I have received Lloyds allocation questionnaire from their lawyers SECHIARI CLARK & MITCHELL. They are calling one witness to the court and in the "other information" section of the questionnaire they have stated:

 

"The defendant bank will reply on its Defenece filed on the 4th May 2006 together with supporting documentation in terms of the Bank Statements and Terms and Conditions that govern the Current Account that appears to form the subject matter of these proceedings."

 

Am I supposed to be scared. Are they stupid enough to think that after coming this far I am going to drop the case?

[kotum45]

Received a letter from the court today.

Court date is set on 4th September. This has worked out well for Lloyds as they have gained extra 3 months time.

[PrincessAphrodite]

Don't be scared, they DON'T have a case to win - they are being ridiculous - even if it does make it to court - YOU WILL WIN HANDS DOWN-

[philion]

Urgh 3 months, fairplay Lloyds are soo pointless!!!

[kotum45]

Thanks princess. I am not scared but annoyed about the fact that Lloyds have got what they wanted which was to drag this thing for as long as possible.

[PrincessAphrodite]

I know that Kotum, don't let it put you off - they DON'T have a case so they are just wasting their time really lol. Just sit back and continue your life until they must give in.

[Damon999]

I don't see why the banks want to drag it out so much when it's costing them 8% a day to do so. They must no no-one's going to drop a case whan they've paid up in advance and can't get a refund.

[Janet-M]

They are using bully tactics as some people will drop out at each stage ,as they know,the longer they drag it out the more people drop their claims but I think the courts are starting to wisen up to this now .

[BankFodder]

Well it will be very interesting to see what the witness statement has to say. you should get an advance notice of the statement. Let's hope that they are somebody who has direct knowledge of the banks charging systems and the way that they are designed so that they can tell the truth the whole truth and nothing but the truth.

It is probably all bluster by the bank -- but don't worry if it isn't then the bank will have a lot of explaining to do and if they lose -- as they most likely will -- it will be the end for their penalty charging scheme.

This is excellent news. Don't worry we will back you up

[BankFodder]

By the way, unless the bank dares to produces a witness somebody who has direct and current knowledge of the banks charging system and the way that costs a calculated, the witness will be useless.

 

It is quite clear that the courts are already deeply suspicious of the banks and their behaviour. I require sure that a judge would not stand any nonsense or any flannel or any "economy with the truth" by some bank employee.

The only way that the banks can stop the tide of claims against them is by producing a witness who will be prepared to say precisely the kind of thing which if the banks were only prepared to reveal exactly the same information generally, would put an end to all of their problems without any of the current litigation and scandal to which they appear voluntarily to be subjecting themselves.

[drrayjo]

So am I right in thinking this is the first time a bank has 'threatened' to call a witness?

 

Is it likely to be just that, a threat, and just a new scare tactic or could it be the start of a new engagement with this issue and a real defence.

 

It's a shame we won't know for sure for another 2 months and 30 days (ish)!

[Janet-M]

As BF has said you will get advance notice of the witness statement and you will be fully supported by this forum .It looks like bluff to me until such time as they produce a statement , in the unlikely even they do then please PM a mod to make us aware of it.

I don't want to answer on if you are the first to recieve this as I , personally,have not been looking around the forum myself that much lately as have been to busy with all the new members but I am sure someone will come along and answer this for you soon.

 

as for a 'real defence' there are no real defences to penalty charges .

 

Please do not let this un nerve you in anyway as this is what the bank would love.

[kotum45]

On their allocation questionnaire they are calling for 1 witness and in the explanation page they say that they will defend this case fully (along those lines). I am not scared at all. I would love them to go to court and loose as this will be the end of bank charges for everyone.

Thanks for all the support everyone.

[Janet-M]

does it not name their witness on there ?

[kotum45]

it doesn't name any witnesses

[wolfcub]

Hi Kotum,

 

I have court date of 6th Sept (same solicitor). They didnt state that they are calling any experts on mine. Strange since we're both about the same stage.

Think they are just playing with us.

 

Hang tight

Wolfy

[kotum45]

i can only assume their witness is a bank employee who is going to come to court to lie and say their charges are not automated.

i am really annoyed because i know they will settle at the end but they are wasting courts' time and making profit out of my money as long as possible.

wolfcub good luck. it is good to know we are both at the same stage.

[HD]

Does their defence claim that it a true pre-estimate or a service?

[kotum45]

they say it is a service.

[kotum45]

If Lloyds decide to wait up until the last minute to settle I will do my best for this thing to end up in court. The longer they wait the better as they will have less bargaining power.