vastrik v Lloyds TSB ***WON***

[GaryH]

Thats a long wait, but certainly not unheard of - the courts are overrun with claims at the moment, as you can imagion!

 

In the meantime, make yourself familiar with the court bundle. Submitting that will be the next stage once you are finally allocated.

[vastrik]

Thanks Gary. i'll persevere.

 

Could you point me into the right direction please, as to where i might find a transcript of McNamara (not sure this is how you spell his name, but you know who i mean) interview.

 

thanks in advance.

[BARTY]

Hi

Here you go:

http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/118-peter-mcnamara-bbc-radio.html

 

 

Barty:)

[vastrik]

Hi All,

 

at long last i have received my court date allocation in the post this afternoon. The court date has been set for 27th March. It is set as a cluster of similar cases, each allocated 10 min !! Looks like the judges have copped on at last that Lloyds and their solicitors are wasting everybody’s time. Also i have noticed that the judged has ordered SCM to present a proof as to how they arrived to their charges. That should be very interesting. it also said there, that if they don't specify it their defence will not be accepted. Result!

[vastrik]

forgot to ask. when i'm sending my schedule of charges with the court bundle, do i leave the total amount as it was when i starter the claim, or should i recalculate it to allow for the interest that has accumulated by now?

 

please advise.

 

Thank you.

[GaryH]

Hi All,

 

at long last i have received my court date allocation in the post this afternoon. The court date has been set for 27th March. It is set as a cluster of similar cases, each allocated 10 min !! Looks like the judges have copped on at last that Lloyds and their solicitors are wasting everybody’s time. Also i have noticed that the judged has ordered SCM to present a proof as to how they arrived to their charges. That should be very interesting. it also said there, that if they don't specify it their defence will not be accepted. Result!

 

Can you please post up the entire order from the court. We'll then be able to tell you precisely what you need.

[vastrik]

Garry,

 

coudl you please advise how i could do this. i could scan the court order in, but how can i attach it to my postings. Sorry, if i'm being thik. Alternatively, i could always type it up.

 

The help with what documents to present will be very helpful.

 

Thank you in advance.

 

Regards.

[GaryH]

Not sure how to post attachments to be honest. Typing it up will be fine.

[vastrik]

Hi Garry,

 

i have typed up the cort order. Here it is.

 

• The claim is allocated to the Small Claims Track.

2. The Claimant shall by (28 days) file and server: 12/02/07

a) A Schedule setting out each charge repayment of which is sought, showing the date, amount and alleged reason (if any) for that charge being made:

b) Copies of any statement or other document relied upon as showing that each and every such charge has been made;

c) A statement of the Claimant’s own evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

3. The Defendant shall by (56 Days) 12/03/07 file and serve a response to the Claimant’s schedule, stating in respect of each item claimed:

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

b) Whether such charge is accepted to be a penalty, and if not, why not;

c) If such charge is alleged to be a pre-estimate of the Defendant’s loss incurred by the Claimant’s actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

4. Decided cases and other legal materials should not be filed, but brought to the hearing with additional copies for the court and the opposing party.

5. List for hearing next available date after 10 weeks, time estimate 1 hour, reserved to District Judge Atkinson.

6. this Order has been made by the court of its own initiative, without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside, varied or stayed. Such an application must be made not more than 7 days after the date on which the order was served on the party making the application.

 

I'm not sure what to do about bullet point c).

 

Do i need to do anything about point 5?

 

your advice will be highly appreciated.

 

thanks in advnace for your help.

 

I'm getting considerably more nervous now. Don't really want to go to court.

[GaryH]

Excellent

 

You need to satisfy point 2. a), b) and c). Lloyds will then have to satisfy their part. Its very unlikely they will though - they'll either settle or default and have their defence struck out. Take notice of the date yours has to be submitted by. Its very important you get your documents to the court and SC&M by that date at the latest, ior you will be struck out. You need;

 

a) schedule of charges,

 

b) statements or account information supplied under your SAR

 

c) statement of evidence. Amend to suit - http://www.consumeractiongroup.co.uk/forum/general/57707-draft-order-allocation-questionnaires.html#post450746

 

When SC&M's deadline comes, if they haven't settled or submitted documents then you need to inform the court. At that point, see the sticky thread 'SC&M cbundle non-compliance'

[vastrik]

Thanks Gary,

 

i will prepare my court bundle this weekend and will send it to the court and SC&M.

 

I'm thinking of including a cover letter with SC&M copy asking them for the copy of their documents as ordered by court. Alternatively they can settle before the hearing by refunding the amount claimd by cheque as i have closed my Lloyds TSB account last year. What do you think? or should i just wait until their deadline?

 

regards.

[GaryH]

Personally, I'd just wait and then inform the court the day after their deadline, but its up to you.

[vastrik]

Hi everyone!

 

Sending my court bundle to the Leicester Court and SC&M today by recorder mail. SC&M have until 12th March to send their one.

 

Fingers crossed now.

[GaryH]

They won't. Send this to the court on the 13th March - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-14.html#post535117

[vastrik]

Hi everyone!

 

Right then, Lloyds were supposed to send their defence to court and copy myself by yesterday, 12th March. Instead i received a letter in the post form SC&M advising that they will settle, and the personal cheque from Lloyds should be with me in 7 to 10 working days. Court hearing was set to be held on 23rd March.

 

I guess i won then !!!

 

I am so happy. it has taken 7 months, but it is so worth it in the end.

 

bigh thanks to everybody on the site for their help and support. Especially Gary H.

 

As soon as i receive their cheque and it clears into my account, i will be making a donation to this site as promised. It would have been much harder if not impossible to do this without your help.

[wildheart83]

Congratulations Vastrik!

[vastrik]

just thought i'll try and change the title..

[BARTY]

Congratulations!!! :D

You will have to PM one of the Mods to change your title, and move you to the "Successes".

Barty:)

[Butterflycollecter]

Well done XX

[GaryH]

Congratulations Vastric, well done!!

 

Ensure you inform the court its settled, but not untill the money is cleared in your account.

[vastrik]

thanks Garry,

 

It even says it in their settlement letter that they expect me to inform the court of the settlement after I have received the funds.

I’m so happy at the moment

Once again, thank you everyone for helping me with my case.

Good Luck! to everyone still on the path to success.

[vastrik]

Well, well, well…

It’s not that easy to get an actual cheque from them as it seamed at a time.

My court case is supposed to be heard tomorrow, and as of this afternoon, I still haven’t received my cheque. The story goes as follows: -

I ran SCM&A last Thursday to find out where my cheque was. I was advised that there was some sort of misunderstanding and it didn’t get sent out to me when it should have. The lady I spoke to (Eve something) told me that she had a cheque in front of her and was sending it 1st Class Post that same day. However, there was no sign of my cheque in today’s post. As my court case is set for Tomorrow, I rang SCM&A to enquire where it is. This time Eve was not as confident as before, was mumbling a lot and coming up with some idiotic excuses i.e. I’m not sure how our mail room works !! Basically, she told me to wait until next Friday. When I asked her if she thought that 8 working days was acceptable length of time for the 1st class mail, I was answered with some babble.

Luckily for me, I hadn’t informed the court of the settlement yet. 10 min after I finished speaking to very “helpful” Eve, I received a phone call form the famous Mr Thomas, who informed me that SCM&A just had a phone call from the court enquiring if my hearing was going ahead tomorrow. Well that got them going! I got an impression that they were running around like headless chickens. J Obviously, they can’t string the court along the same way they tried with me. Anyway, the end of the story is, that Lloyds are transferring the fund directly to my Halifax account this afternoon. I was advised by Mr Thomas to check my account after 3 p.m. and see if the money is there.

I cannot believe these people. Clearly Eve was lying to me!!

I’d just hate to think what they would do to me if our positions were reversed.

I’m sorry for the long letter, but I just wanted to encourage everybody who is still fighting with Lloyds not to give up and don’t cut them any slack either. They don’t deserve it.

[kenmann83]

hope you take em to the cleaners am starting mine off aswell

[robert and carol morgan]

hi carol and jimmy morganhere

sorry we have not posted in a while but due to circumstances beyond our control (familydeath)

 

we have actualy got some monies back from lloydes tsb by the time they had taken back the charges on the account since we last used it £1400.00 we got just under £800.00 did not even get a chance to formaly accept still we now go back for the rest of the six years charges .

 

we also have to inform courts can anyone tell me how to word the letter and how to move our thread to success board

[GaryH]

Well, well, well…

 

It’s not that easy to get an actual cheque from them as it seamed at a time.

 

My court case is supposed to be heard tomorrow, and as of this afternoon, I still haven’t received my cheque. The story goes as follows: -

 

I ran SCM&A last Thursday to find out where my cheque was. I was advised that there was some sort of misunderstanding and it didn’t get sent out to me when it should have. The lady I spoke to (Eve something) told me that she had a cheque in front of her and was sending it 1st Class Post that same day. However, there was no sign of my cheque in today’s post. As my court case is set for Tomorrow, I rang SCM&A to enquire where it is. This time Eve was not as confident as before, was mumbling a lot and coming up with some idiotic excuses i.e. I’m not sure how our mail room works !! Basically, she told me to wait until next Friday. When I asked her if she thought that 8 working days was acceptable length of time for the 1st class mail, I was answered with some babble.

 

Luckily for me, I hadn’t informed the court of the settlement yet. 10 min after I finished speaking to very “helpful” Eve, I received a phone call form the famous Mr Thomas, who informed me that SCM&A just had a phone call from the court enquiring if my hearing was going ahead tomorrow. Well that got them going! I got an impression that they were running around like headless chickens. J Obviously, they can’t string the court along the same way they tried with me. Anyway, the end of the story is, that Lloyds are transferring the fund directly to my Halifax account this afternoon. I was advised by Mr Thomas to check my account after 3 p.m. and see if the money is there.

 

I cannot believe these people. Clearly Eve was lying to me!!

 

I’d just hate to think what they would do to me if our positions were reversed.

 

I’m sorry for the long letter, but I just wanted to encourage everybody who is still fighting with Lloyds not to give up and don’t cut them any slack either. They don’t deserve it.

 

Familiar story I'm afraid. Sorry I did'nt see this earlier, I'm guessing its far too late now but I would have advised you to attend court anyway unless the cleared money was actually in your possesion beforehand. You could also then have requested costs.

 

So is the money in your account as promised then?