Lloyds TSB - have *WON IN COURT* today

[DSM]

Thanks GuidoT

 

You have just confirmed what I thought and thanks for the link. Will let you all know how I'm getting on.

[empowered]

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

 

Hi Dee - sorry but can't now be available on 14th. Have to "mother-sit" for my elderly mum who is thankfully recovering from C-difficile and dad is taking a well earned day off to play golf. I really think that things will be settled before the 14th but will keep tabs on your thread. love Debs

[DSM]

I sent my court bundles last week and discovered a letter which I think was the response to the LBA. I don't know if it is the same as everyone's, but here goes... (oh can't use a different colour for the text for some reason)

 

"Dear Mr & Mrs

 

Thank you for getting in touch with us. I am sorry you are unhappy about your account charges.

 

Like any business, we do make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment, this always means extra work - and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we can't agree it. We feel it's fair to charge for this service.

 

Of course it's only fair too, that we're completely open about any charged-for services before you take them up. That's why we take care to give every new customer the latest guide to our charges. You can also get up-to-date details about fees and borrowing rates at all our branches, through our helpline and on our website.

 

Just as importantly, we do everything we can to help our customers avoid these charges altogether. I'm sure you'll know how easy it is to keep a running check on how much is in your account. You're free to get an up-to-date balance at any of our cash machines, over the phone, on line and by weekly text to your mobile. If you know a payment is going to take you over the limit we've agreed, you're welcome to see if we can raise it - and we can usually give you an answer straight away. Again we can do that for you by phone, on line or at any of our branches.

 

You've mentioned the new guidelines from the OFT on credit card default charges. We don't agree with the OFT's thinking on this and we're still talking it through with them. But the important point is that the guidelines are about 'default' charges that people pay when they break an agreement with us. The fees we charge for dealing with your request to go over your agreed overdraft limit are not default charges because you haven't broken your agreement. They are our prices for the service we provide in these situations.

 

I do hope you can see that we make our charging system as fair as possible -and why I can't agree to cancel your charges.

 

Please let me know if there is anything else I can do. If we cannot come to an agreed solution after this I will help you refer your complaint to the Financial Ombudsman Service for independent advice.

 

Please give me a call if it would help to talk through anything in my letter.

 

Yours sincerely

 

Debbie Gilbert

Team Manager

Customer Service Recovery Centre Andover"

 

When I got that letter back then, it certainly didn't mean what it means to me today. Am I right in getting excited about this?

 

Anyway, off to work now. I can scan the letter in if its any help.

 

Dee;)

[DSM]

Just to give you an update. I am going to court on the 14th of June (day after tomorrow). I have not received an evidence bundle from Lloyds and have sent the 'send me the documents as soon as possible' letter. I have not heard a squeak from them except SC&M have written to my husband to say his loan is in arrears!?

 

I am working out of town today, but I guess its court tomorrow. An hour has been allocated and I must admit I haven't got the hibby jibbies at all.

 

I guess I'll be letting you know how it goes about noon tomorrow.

 

Ta ra

 

Dee

[GuidoT]

I hope it goes well for you, in case you have missed them read these:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html

 

Check you account today and tomorrow in the case the sum is deposited without any written notification.

[jburchell]

Hi there. I'm in Guildford tomorrow morning as well. From a quick search of the board, it seems there will be a few of us there in the morning!

 

I'm claiming against two banks in the morning, LTSB for charges and Abbey for wasted costs.

[DSM]

I might be able to see you there then. I've just got up bright and early to polish up on reading the case guidance notes that I got from Guido above. I will be calling [problem] though, just to confirm that they will be there. They are awfully quiet, its almost incredible. Maybe by piling the cases the courts are trying to crack them into stopping all this nonsense.

 

Hope to see you there JB I'll look out for you.

 

Dee

[jburchell]

Me too! Depending on how many others are there at this bulk hearing, I may see you there Dee!

[nicolefrenzy]

good luck you 2

[DSM]

Thanks Nicole! Hopefully we will have good news to report this afternoon.

 

Dee

[DSM]

Dear all

 

You are probably waiting anxiously (jokes) well this is how it went. I checked online for any money in my account, nowt. I think I checked 4 times today. I was a bit stressed today, I must admit because I read a thread yesterday where someone had been to court on behalf of a friend and the judge had actually said that the banks were entitled to charge us etc etc...

 

I then called [problem] at 9 sharp and talked to a curt woman who transferred me over to a Chris. I told Chris that I had not received a bundle even though I had sent a reminder via special delivery. He said 'don't worry about the bundle, just worry about your case, so just go to court and tell the judge that you haven't got an evidence bundle.'

 

Well, I was annoyed at the time so I went along to court with a lump in my throat (stress, anger,anxiety, fear - you name it). There was a lot of us sitting in the waiting area waiting to see the Judge. As 10:30 approached, I was not sure what was going to happen because a few people walked into the waiting area and I could hear whispers of bank names as well as an occasional 10:30 to the usher.

 

Anyhow, we were all called in and we all sat before the Judge. He called out a register and those present acknowledged. There must have been about a dozen of us altogether give or take a few. In some cases (I'd say 5) the banks sent a barrister. I have to make a point here, someone did not turn up and not only did the judge strike the case out, but Lloyds claimed court costs for £165. Another point is that the law, from what I witnessed today, is on our side because none of the barristers were making any sort of defence, they were almost there to settle quickly. In one instance though, the claimant hadn't provided sufficient evidence and the judge gave him time to go and sort himself out.

 

With everything in place, I'd say it was almost open and shut. The only thing that caught me unawares was '64p per day since 19 February, how much is that, Mrs M?' to which I mumbled 'erm...from the top of my head, I don't know' so he said can you work that out for me please, and I popped out, did a quick calculation on my mobile.

 

In essence (scuse me for shouting) I HAVE WON!!!

 

Thank you all for your support in this case, not so much contributing to this thread, but by providing information and encouragement on your threads as well. The battle that remains is to get the actual money (any ideas?) and starting all the other cases. It has taken me over 7 months to do this and I had taken the view of 'if I win one I will pursue the others'. Now that I have walked most of the journey I feel relieved.

 

And now for the punchline, the judge said "somebody knows the law" so thanks once again.

 

The courts will also allow (maybe just today, costs for photocopying, time at £9.25 an hour travel etc) onwards and upwards

 

Dee

[Curlyben]

Nice one DSM.

Gives hope to use all. :D

[DSM]

Cheers, Curlyben!

[BARTY]

Congratulations Dee!! :D

I'm so pleased for you, you did really well!

Barty:)

[DSM]

Thanks Barty. The case goes on until the money is in my account/cheque received I guess. I will keep you all informed.

[JLS3852]

Congratulations Dee.

[mattyb13]

Today seems to be a great day for claiments.

 

well done dsm

[christinajanep]

god there are loads of people winning today must be something in the air, well done dsm.

[jburchell]

It was nice to meet you there Dee. I was dumfounded when I saw that we were all going into the room at the same time! Isn't there some sort of privacy issues around that?

 

Anyway, you'd left by the time the judge got to my second case and he showed me the letter from SC&M that said they were settling. I was happy with the amount and also asked for costs - he awarded me about £100 on top.

[christinajanep]

thats wicked jburchell bet your well chuffed

[DSM]

Great to meet you too, didn't mind about the privacy, given the success most us shared in the court room today! It was a wonderful feeling to share with my husband with regard to leaving and knowing that we are £4,000 richer one way or the other.....

[jburchell]

Good for you!

 

Enjoy your money....