EHstevie V's Lloyds TSB ** WON **

[ehstevie]

Hi folks, I am claiming against Lloyds TSB, story so far:

 

Prelim Letter sent 01/09/06

Standard reply, leaflet etc: 07/09/06

LBA sent: 08/09/06

Final response letter rec'd: 19/09/06

MCOL filed: 29/09/06

MCOL Ack'd: 03/10/06

[saj]

Good luck ehstevie! It looks like you're well in control there

Keep us up to date with it, and don't forget to PM a mod with your claim details

Saj x

[freebird]

good luck Stevie..have a look at some of our threads in the Lloyds section and you can follow what we've bee up to

[ehstevie]

Thanks folks, Mods already PM with details. cheers.

[ehstevie]

Hi folks, just an update, also looking for some help with a couple of points raised By SCM in the defence of their client.

 

SCM filed defence on 29/10/06.

 

I have AQ to complete before 18/11/06.

 

Firstly here is the particulars of my claim I filed with moneyclaim online:

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on these charges. The banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2(1)(e).In the event that the charges are not a penalty then they are unreasonable within the Supply of Goods and Services Act 1982 s.15.1 have asked the bank to justify charges they have declined to do so.£3805 is the amount owed. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 03/03/2003 to 29/09/2006 of £677.89 and also interest at the same rate up to the date of judgment. There are 49 charges. A breakdown is available.

I would like advice on 3 points raised by SCM in defence, the other points are standard as seen on this site before.

Defence points:

2. The Particulars of the claim do not comply with the civil procedures rules as (amongst other things) they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £4,482.89 is arrived at and the particulars of the claim are too vague.

3. The claimant should, therefore, be ordered to file and serve an amended claim to set out the basis in law and fact for his claim as there is no real pleaded basis for the claim itself. The claimant should give full particulaarrs of the bank account and the charges he is seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in each case he alleges it is a disproportionate penalty and thus unlawful.

4. The defendant should be given the opportunity to defend the proceedings further.

I now details what I propose to state in my AQ, but your help here would be very much appreciated, thanks.

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

I note the defendant's defence, and refer to point 2. The account referred to is XXXXXXXX. I am surprised the defendant solicitor is not aware of this as it is the only account I hold with their client. Furthermore, I have sent a breakdown of my claim (£4,482.89) to Lloyds TSB on 2 occasions prior to me commencing legal proceedings. I have today sent a copy of all correspondence I have had with Lloyds TSB to the Defendant's Solicitors. I also enclose copies for your information.

Sorry for any spelling errors, been a long day, your help appreciated.

[ehstevie]

Just looking for a bit advice on the above points raised by SCM

Thanks

[ehstevie]

Help please!!

[freebird]

I can't see any probs with what you've written but can any one else, look it over please and help out ?

 

freebird x

[ehstevie]

Case now transferred to Carlisle from London as I requested in my AQ. A long way for SCM to travel!, awaiting to hear from carlisle court.

[ehstevie]

Small Claims hearing date set:

 

12 April 2007, Carlisle County Court

[ehstevie]

Well well well! ##### I WON #####

 

Just rec'd offer of full settlement with conditions from SCM in post this morning. There are conditions but due to finances, sum involved and timing (sure SCM are aware xmas is just round the corner, although they probably don't celebrate, and playing on his) I have no option but to accept.

 

This is such a surprise as my court date is April 07.

 

Anyway, settlement is for full cliam, plus interest, plus costs: £4700 ish.

 

MODS: Can you please transfer this thread to successes and update the litigation in progress, Claim No: 6QZ68119.

 

Thanks all, and donation will be on it's way as soon as I have the cash!

[BARTY]

Congratulations!!! :D

Have a lovely Christmas!!

Barty:)

[ehstevie]

Thanks BARTY,

 

I have to say this is a pleasant surprise, didn't expect anything until 2007.

 

I suspect now that SCM are issuing full conditional offers when the judge has made a decision on the AQ.

 

I only rec'd notification from court last week that small claims hearing was scheduled for 12/04/07. And SCM offer letter actually dated 07/12/06.

 

My advice to anyone starting a claim:

I know it is very tempting to start your claim straight after reading a couple of threads, but please take your time. I read hundreds of threads and read the faqs over a couple of weeks before writing my prelim letter. You are probably most likely to make a mistake along the way, i did, I forgot to include my account number in my MCOL particulars, but with a little help, this was easily rectified, and the judge accepted my amended POC.

 

The fight goes on!

[ehstevie]

oh, donation will be on its way when i get paid out

[elsinore]

CONGRATULATIONS!!

Well done EHstevie, Merry Christmas!

 

Elsinore

[Fulhamnick]

Congratulations on completing this journey!

 

I have just started mine. This week I asked Lloyds to provide me with details of all the penalty charges issued on my account.

 

Looking over your thread, I noticed you filed your claim with Carlisle County Court. Was this to make it awkward for the Lloyd's Lawyers? Is this something you would advice doing, if and when I get to that stage?

[ehstevie]

 

I have just started mine. This week I asked Lloyds to provide me with details of all the penalty charges issued on my account.

 

Looking over your thread, I noticed you filed your claim with Carlisle County Court. Was this to make it awkward for the Lloyd's Lawyers? Is this something you would advice doing, if and when I get to that stage?

 

 

I issued my claim via MCOL, it was then allocated to London & Mayors court when LTSB stated they wanted to defend. Then I rec'd my Allocation Questionnaire, and requested that the case be transferred from London to Carlisle, which was subsequently granted. The main reason for this is that I live in Edinburgh, I was claiming via the English court’s as the Small Claims limit in England & Wales is £5000, as opposed to £750 in Scotland. So it would have been much easier and cheaper for me to travel to Carlisle than London, although it was a bonus that LTSB solicitor’s SCM are based in Southampton, lol.

[scottishpol]

Are you at liberty to divulge the imposed conditions?

[ehstevie]

Usual conditions as seen on here before, nothing new.