Starting Three Claims From Lloyds ** WON **

[BELLA 47]

Hello everybody,I've been reading this site for months now tryng to gather enough info to be confident in my claims.Yet somehow still feel as if I don't know anything!I have read through the small claims book and will refer to it as and when necessary.

Anyway, I have posted three preliminary letters for three accounts(two classic, one business and the ball is rolling.Like so many other sole traders I have read about here, my husband has been ripped off by Lloyds for years.After eight years of trying to manage, he had to admit defeat.The constant burden of loan payments,overdraft limits,bank charges and penalties was more than he and the business could support He was very lucky to get a job (he is 59) and after weeks of rearranging finances which mainly entailed putting all the debt on the mortgage,here we are trying to get some of it back, thanks to this site.

Will keep you posted and good luckto all

[BELLA 47]

Hi, I've been on holiday so this post is behind schedule. The usual template responses from Lloyds were waiting for me when I arrived home.The business(sole trader) account response was different from the personal account ones even though I've been advised it's still a standard letter.I 've decided to combine the three accounts now and have sent only one LBA letter which refers to all three accounts.(The total amount being claimed is under £5000).

I keep reading around the site and learning all the time, I' m really beginning to enjoy myself!

Bella

[livelylad]

Hi, I've been on holiday so this post is behind schedule. The usual template responses from Lloyds were waiting for me when I arrived home.The business(sole trader) account response was different from the personal account ones even though I've been advised it's still a standard letter.I 've decided to combine the three accounts now and have sent only one LBA letter which refers to all three accounts.(The total amount being claimed is under £5000).

I keep reading around the site and learning all the time, I' m really beginning to enjoy myself!

Bella

 

 

Best of luck Bella stick with it girl.;-)

[BELLA 47]

Hi, Well, I waited three weeks before I filed my court claim, having heard nothing at all from Lloyds.In fact I gave my defendant's address on the claim form as the London one, because that's what I have read somewhere on this site, but then the Customer services centre in Andover( who I sent the preliminary and LBA letters to)replied to my LBA letter after four weeks! They have offered £750 as,quote 'a gesture of goodwill because we might face that cost in dealing with your complaint if you took it any further'unquote.They then add that it does not mean that they consider they have any legal obligation to do so.They state that the payment will be credited to my account the next few days.

When the payment arrives, shall I write to the court informing them of the payment with a revised schedule of charges?Then write to the bank thanking them for their payment but accepting it as only part of the sum owed and inform them that the claim for the balance still stands?

[HONESTKNOB]

This £750 offer seems to be a new tactic of Lloyds to sweeten people up in the hope they will go away.

Accept the offer as 'partial settlement' of the claim and add that you will be pursuing the claim for the balance.

Once the money is in your account then I would just let the courts know the outstanding balance and continue with the claim.

You might find that they withdraw the offer anway when the know you want 100%

[BELLA 47]

Hi All, Well the £750 didn't materialise! When I received the letter offering it from customer services at Andover, I had already sent off my court claim, so I suppose when they realised that, they decided not to give it to me after all.

The 14 days was up yesterday so I telephoned the court to ask if they had had any communication from Lloyds, they hadn't so I've sent off the court form asking for judgement with the daily interest until today added ( I don't know how you workout the eventual daily interest as how do you know how many days it will be before they give you the money?)I've also asked for immediate payment as it's an option. Can't understand why Lloyds are being so inactive!

Watch this space!

B

[RedDeath]

ha ha "Lloyds Inactive" sorry had to smile at that one, my terminology is a little ruder than that.

 

Good luck with it! Sounds like its not long to go for you now!

[BELLA 47]

Hi, Well, would you believe it! Lloyds have sent a cheque for £750. It arrived today from the customer services department at Andover and they said sorry for the delay. They also said this is the final offer, blah, blah, leaflet for ombudsman blah blah. So, the next thing is a letter to the court telling them lloyds have given us £750 so the new figure we are claiming is the original amount minus £750.I will wait until the cheque from Lloyds is cleared before I thank them and tell them that the claim is still going ahead for the balance.I

feel confident thanks to this wonderful website!

 

B

[BELLA 47]

Hello again! On 5th January I received an allocation questionnaire and a defence from Lloyds all in the same envelope, and this is only two days after they sent me a cheque for £ 750!The whole set up they have is very disjointed and not at all efficient.There's customer services replying to my complaints with an offer of money and at the same time there's LLoyds head office employing solicitors and telling me they are going to defend the whole amount!I suppose I should have just written to head office and not bothered with customer services because it's obvious they don't communicate with one another.So what to do now? I've already written to the court telling them I have received £750 from Lloyds so the amount I'm claiming is £750 less than it was. I've also given them the new daily interest rate as from 4th January.Will the courts be O.K.with this? The £750 is in my husband's Abbey account but will not be available until 9th January. Shall I write to Lloyds using the template letter about refusing the money as a full and final settlement and accepting it as partial repayment only?Should I give them the option of taking it back? I think because everything seems to have crossed in the post I'm now confused when before I thought it was easy and straightforward. The main problem has been Lloyds taking so long to reply to everything. Any thoughts or comments very welcome

Thanks B

[BELLA 47]

Hello, Just about to send in my allocation questionnaire and after reading Gary's new suggested strategy for directions have decided to use it.The thing that's worrying me more and more is, what shall I do about the £750 that LLoyds gave me recently? I keep reading that the schedule of charges submitted at the hearing must be the same as the original one. But of course mine is now less! I have informed the court and the solicitors that I have accepted the amount in part settlement only.Anyone know if this is enough?

B

[GaryH]

I'm not sure if this is the entirely 'proper' way to do it or not, but what I think I'd do is use the original schedule with the amount before the refund and just put a note underneath saying something like "Defendent made part-payment of £750 on **/**/**"

[BELLA 47]

Thanks so much Gary,will do.

[BELLA 47]

Hello, delivered my allocation questionnaire to the court on the evening of the 16th January(deadline 19th).Reading the posts tonight jolted me into realising that I hadn't copied the questionnaire in order to send SC&M a copy!I panicked for a moment until I read a post which said that when they asked for a copy of SC&M's allocation questionnaire they told her they weren't obliged to send her one!

I used the new strategy for suggested directions in section G so now awaiting the reply from the court with interest.

[GuidoT]

I am a little ahead of you, used the new AQ strategy and SCM sent me a letter that would normally amount to full settlement last week - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb.html. However, I am claiming back 10 years with contractual interest.

 

Hopefully they will offer you full settlement soon.

[BELLA 47]

Hi Guido,It's great you got an offer from Lloyds. I'm sure the new strategy must have had something to do with it. I'd be interested to read the letter you got from them.

bella

[GuidoT]

Hi Bella - I will put the entire offer on my thread next week. However, I suspect you will have an offer of your very own by then.

[vckyjam]

Good luck Bella- i had an offer from lloyds today- keep going and you will be fine- seems like you know what your doing

[BELLA 47]

I know this is nothing to do with my claim but thought I'd share it with other C.A.Ger's. I have kept my personal account with Lloyds open because at the moment it's more convenient and none of the accounts I am claiming for are overdrawn now. Anyway,the other day I thought I'd investigate Lloyds personal loan rates of interest(I bank on line) so I clicked the 'loan' sign with my mouse thinking it would give the info I needed.I was flabbergasted when up came details of a personal loan I'd taken out nearly five years ago!I was under the impression I'd paid it off.I seem to remember asking for a settlement figure and then going to the branch and transferring nearly all of the amount owing into the loan account to pay it off.That was in March 2005 after I'd been making payments for two years.I thought that if a small amount was still owing ,Lloyds would write and tell me. I never received any communication from them so I assumed it was the right amount and thought no more about it. What had happened was that I did still owe a small amount(£101.93)but Lloyds just left it and did nothing about it.They sent me no loan statements, letters, nothing! By the time I accidently discovered it whilst doing my internet banking recently,the amount I owed them was a massive £425.79!!!Over the course of 21 months that was how much interest had accrued.So all you contractual rate of interest claimers, don't think that you are being greedy, you'd have to go a long way to beat 417.72%!!!

( I telephoned Lloyds loan arrangers and complained so much that they agreed to write off the amount owed!)

[BELLA 47]

Hi, today I received a notice from the court.Here's what it says:-

 

 

It is ordered that:

1. The claim be allocated to the small claims track

2. the claim be listed for further directions only at a preliminary hearing to take place on 14 February 2007 at 10.30 am, time estimate 5 minutes, to be held at King's Lynn County Court.

3.At this hearing the court will consider either:

a. to stay the claim pending the decision in a test case involving the defendant, or

b. to give directions for this claim to be heard as a test case, and if necessary to reallocate the claim to the multi track for that purpose.

4.Not less than 14 days before the preliminary hearing, the defendant shall file with the court and serve upon the Claimant details of any cases proceeding as a test case, the decision in which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.

5. The Claimant may make any representations to the court in writing provided these are received by the court and served on the defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the judge as to the directions to be given, that party is excused from attending the preliminary hearing.

 

Has anyone got any idea what to do about this? Why will it have to be re allocated to the multi track if it turns out to be a test case? What representations should I make to the court as to the decision to proceed as a test case?I don't know whether it's good or bad.Would it be better to attend?

 

 

HELP!!!

[GaryH]

You can write representations if you want to, instead of attending. I've seen this order a couple of times before and I think I did something for the claimant to send in. I'll have to try to find it and get back tro you. It'll be tomorrow afternoon now though cos I've got to rush off in a minute, is that ok? Pm me if I forget.

[BELLA 47]

Thanks Gary,I'll await your post.

[Phil3822]

Hello Bella, i live in kings lynn and also got this letter for the exact same time and date as yours. I'm pleased someone else is in the same situation as me as i'm totally stuck. Look forward to Gary's reply!

[GaryH]

Hi, today I received a notice from the court.Here's what it says:-

 

 

It is ordered that:

1. The claim be allocated to the small claims track

2. the claim be listed for further directions only at a preliminary hearing to take place on 14 February 2007 at 10.30 am, time estimate 5 minutes, to be held at King's Lynn County Court.

3.At this hearing the court will consider either:

a. to stay the claim pending the decision in a test case involving the defendant, or

b. to give directions for this claim to be heard as a test case, and if necessary to reallocate the claim to the multi track for that purpose.

4.Not less than 14 days before the preliminary hearing, the defendant shall file with the court and serve upon the Claimant details of any cases proceeding as a test case, the decision in which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.

5. The Claimant may make any representations to the court in writing provided these are received by the court and served on the defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the judge as to the directions to be given, that party is excused from attending the preliminary hearing.

 

Has anyone got any idea what to do about this? Why will it have to be re allocated to the multi track if it turns out to be a test case? What representations should I make to the court as to the decision to proceed as a test case?I don't know whether it's good or bad.Would it be better to attend?

 

 

HELP!!!

 

The court is considering putting your claim forward as a test case, which will mean allocation to the Multi-track.

 

Bear in mind that every test case so far has been settled, including many involving Lloyds. You should decide whether you are prepared for the case to proceed as a test case or not. Remember that the multi-track carries the risk of costs being ordered against you if you were to lose.

 

If not, you need to write representations as to why your not happy with this, and request that your claim proceeds on the small claims track. The reasons would include that you are an ordinary consumer who filed the claim on the understanding that as the claim is under 5k, it would be allocated to the small claims track. You have no desire to carry the responsibility of a test case and to burden you with both the costs risk and added stress would be grossly unfair.

 

Additionally, the overriding objective's (Part 1) of the Civil Procedure Rules requires that both parties are on an even footing going into the hearing. The bank is a multi-national financial institution who can easily bear any costs risk, whereas you are a litigant in person for whom a costs award against you could mean financial disaster. You could argue that this is an uneven footing. The arguements against fast/multi-track allocation are outlined in this post by Zoot - ade,steph,jack v barclays HELP IM WORRIED??

 

Of course the court could refuse your request, in which case you'll go to multi-track. Its highly likely Lloyds will settle in any event, but I'm sure you'd get lots of help if your case were to go through on that track or as a test case. Here's the forum dedicated to test case claims where you may want to start a thread - http://www.consumeractiongroup.c o....t-cases-stays/

 

Basically, I think what I'd do if it were me is write in to the court with representations as per 5), asking that the claim proceed with a small claims hearing, and proposing the directions as per this draft order, which you should attach to your letter - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191.

[BELLA 47]

Thanks very much for your information Gary. I am communicating with Phil and Bish who also have received the same info for the same court as me.We are deciding how to respond together and are considering signing the same letter in response to King's Lynn court.Do you think there is strength in numbers in these circumstances?

B

[GaryH]

It'll certainly help that there are others in the same boat, if only for the support. Remember that it is likely that Lloyds will settle before the prelim, but obviously you should prepare for every eventuality.

 

To the letter, you could also attach a list of settled cases (which I can find for you if you like) and include in the letter that the pattern of cases would suggest that the banks have no intention of stepping foot inside a court. You should also make the point that there have been numorous claims put forward as test cases before, but again, the banks have settled them all pre-trial and clearly do not wish to see the matter definitively resolved. You could take a few bits and pieces (not too much, it doesn't need to be an essay) from the stay removal template, or this - http://www.consumeractiongroup.co.uk/forum/abbey-bank/11437-keren29-abbey-9.html?highlight=keren29#post370997, which is based upon the stay template anyway.

 

I know Bish is very switched on, as do you seem to be too, so I'm sure you'll do a great job of it between you.