Lloyds TSB - have *WON IN COURT* today

[DSM]

Lloyds have acknowledged the claim so I will be sending SC&M a copy of the schedule of charges - recorded, of course.

 

Onwards and upwards

 

Dee

[The Binman]

Hello all,

Just joined the action group today after years of being overcharged by LloydsTsb i thought that there was nothing to be done, but the road to enlightenment has been opened. Looking forward to posting and reading all the submissions on the site.

Not sure where to start out so any tips would be gratefully received.

Thanks one and all.

 

Mark.

[BARTY]

Hello all,

Just joined the action group today after years of being overcharged by Lloyds TSB i thought that there was nothing to be done, but the road to enlightenment has been opened. Looking forward to posting and reading all the submissions on the site.

Not sure where to start out so any tips would be gratefully received.

Thanks one and all.

 

Mark.

 

Hi and Welcome Mark:)

Firstly you should start up your own thread, so you can keep track of your progress and we can help you if you have any questions.

Then just keep reading the site, these links are a good start:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/FAQ

 

Good luck!

Barty:)

 

 

 

[DSM]

Lloyds have filed a defence today and my case has been transferred to my local court. Excuse any typing error but here goes:

 

1. The defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank at all material times.

2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled:confused: , as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services presently include, but are not limited to, providing;

cheques (someone tell me what I'm paying £7 a month for?)

bank statements

the facility to make payments by direct debit and standing order

debit cards

ATMs (cash machines).

3. By maintaining the account in credit, or within any limit agreed with the Bank, the customer mahy avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the Bank's own funds. If the Bank makes payment, or returns the payment, it provides a service as specifed in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that there are normally no charges for everyday banking at Lloyds TSB when your account is in credit (what is that £7 a month for?)

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply.

If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us teh go-ahead.

4.There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that teh charge be a pre-estimate of the Ban's loss.

5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month's statement. Customers are warned by letter when they go over drawn or over thier agreed limit without arrangement with the Bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

6. The charges are fair and reasonable, and it is denied that they are unlawful.

7. The customer is notifed of the charges in plain intellegible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by teh customer for a service provided by the Bank, and prusuant to Reglation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.

8. in the premises:

8.1 the charges are for banking services, and are not damages nor a penalyt;

8.2 the Bank is entitled by contract:?: Unfair terms in Consumer Contracts:?: to impose the chargess, which are fair and reasonable;

8.3 it is denied that the charges are unlawful or contravene any statute or regulation.

9. The claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank.

 

NOW IS IT JUST ME OR IS THIS WAFFLING? I FEEL THAT THEY COULD BE SELLING SOMEONE A CURRENT ACCOUNT WITH THIS INFORMATION - NOT THAT THEY'D HURRY TO GET IT:lol:

 

The allocation questionnaire is attached and I cannot see a fee on it (I obviously haven't read it properly yet) is it a standard fee or does it depend on how much you are claiming etc? I'm off to the templates to have a butchers hook at the clues there.

 

Ta ra

 

Dee

[BARTY]

Hi Dee

Standard defence, so no worries there.

You only pay an AQ fee of £100 if your claim is over £1500.

Barty:)

[DSM]

Thanks Barty, can anyone tell me how to PM a Mod?

 

Dee

[BARTY]

http://www.consumeractiongroup.co.uk/forum/memberlist.php

 

Click on one of the Mods in green, then click on send a Private Message.

 

Barty:)

[DSM]

Ta for that!

 

Dee

[DSM]

I feel such a prat for not updating this when I should have. Anyway here's the quick catch up. My Allocation Questionnaire was posted to both the local court and SC&M. I used the "new way to tackle AQs". I can't do the link thing, but all I can say it is easy to find if you type in Allocation Questionnaire into the search forum bit at the top.

 

I don't know what to expect, but it will be 28 days tomorrow and I have not heard anything from the court. Is it worth giving them a call to find out timelines?

 

Dee

[BARTY]

Hi Dee

Yes give them a call, they are usually very helpful.

Barty:)

[DSM]

Thanks Barty for that piece of advice. I have called the court and they said that its being looked into. I can't help wondering if I have done something wrong though. I have read that some people are getting paid by Lloyds at LBA stage and I've just read neeno13's thread. Went to court in March and has been paid. I have not even received acknowledgement of receipt for AQ. Have I done something wrong?

 

I'm thinking of taking Lloyds to court over my sole account and need to know what I am doing wrong. Started the claim end of Jan am I being impatient?

 

Dee

[GaryH]

Looks like your claim is progressing exactly how it should. Its only natural to feel like you've gone wrong somewhere or that they've found a flaw in your claim and your going to be the first one in court - we've all felt like that at some stage believe me!

 

Its not unusual to be waiting over a month for allocation. The courts are absolutely snowed under and in fact I've heard of one court thats taking 3 months to allocate!! That is very unusual though.

 

You'll get a court date soon, so it'd be a good idea to prepare yourself for the next stage, which will be submitting your bundle, etc.

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

[Butterflycollecter]

I would recommend using lloyds on line banking to obtain statements it's much quicker .... and the print outs can be used when preparing the court bundle

[Butterflycollecter]

please ignore last post -

 

good luck

[DSM]

I have just been transferred from Epsom County Court to Guildford County Court. I think Gary was probably right, they are drowning in it. Anyone ever dealt with Guildford?

[empowered]

I have just been transferred from Epsom County Court to Guildford County Court. I think Gary was probably right, they are drowning in it. Anyone ever dealt with Guildford?

 

Hi DSM - I have just filed at Guildford and am waiting for Lloyds defence - good luck!

[DSM]

Dear Empowered

 

Thanks for that, I'll watch your thread quite closely. All the best!

 

Dee

[DSM]

I have finally heard from Guildford County Court and the letter reads:

 

DISTRICT JUDGE *** has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 10:30 on the 14 June 2007 at Guildford County Court, The Law Courts, Mary Road, Guildford, Surrey GU1 4PS and should take no longer than 1 hour.

 

The following directions apply to this claim:

 

a) Each party shall deliver to every other party and to the Court office copies of all documents upon which they intend to rely at the hearing.

 

b) The copies shall be delivered no later than fourteen days before the hearing.

 

c) The original documents shall be brought to the hearing.

 

d) Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned at (a). This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to Court to give evidence.

 

The court must be informed immediately if he case is settled by agreement before the hearing date.

 

Date:12 April 2007

 

We finally have a hearing date. I suppose the draft wasn't considered, but then again seeing as I sent it to [problem] as well is it possible that they have found a way of going around it?

 

Preparing the court bundle now.

[fingerscrossed4299]

hi, im at this stage now, just sent the aq to the court with the 100 pound, when do they usually settle ?

[DSM]

I've been unlucky, Fingers, I posted my AQ using the 'new strategy' back in Feb and have only received a court date today. From reading on here some people filed their MCOL around Feb and using the new strategy have already been paid. I think it depends on the Court. Good luck! I shall watch your thread and see how you do.

 

Regards

 

Dee

[empowered]

Hi Dee - rang Guildford today and Lloyds have until 4pm tomorrow to enter their defence - you look as though you are on the home run now though! Will keep watching:D

Debs

[empowered]

Dee - forgot to say, IF it gets to court, am quite happy to tag along for some moral support!

[DSM]

Thanks! That would be great.

[DSM]

Am just freaking out a little :o! I've been reading Pen's thread & I'm certainly going back in a minute. Can anyone tell me whether my hearing on the 14th, according to my letter in blue above, is just an allocation hearing?

 

Oh and Debs are we still on for the 14th? Going back to Pen's thread to do a little more research. Speak soon

 

Dee

[GuidoT]

From post 43 that is the full hearing. Allocation has been decided and you are on the small claims track.

 

In case you are not familiar with this:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html