jhenry vs Lloyds ***WON***

[jhenry]

So here goes, got back from short break away. Got my court claim thru on MCOL on the 19th Oct. Following on from all the S.A.R, LBA's and final responses. Just hoping to ride alongside anyone who claimed same day as me. So sitting tight for now and hoping things work out, going by the majority of threads, Lloyds are being pretty nasty with stalling everyone. Well good luck to all and certainly look forward to donating.

[jhenry]

So its now the 3rd November and received SC&M acknowledgement of service on the 26th October (giving them 28 days). I put my claim thru MCOL, sent off the covering letter with the attahced schedule of charges x 2no copies to Northampton.

Ive been reading thru alot of threads and its been advised to send a copy to the bank also, I have not done this. Should i be doing this now at this stage or is it best to fire a letter with the attached schedule of charges to SC&M. Or wait until i receive AQ and send of info then

 

Advise would be much appreciated

 

John H

[jhenry]

Would appreciate some advise to last thread, sorry.

 

Thanks

[jhenry]

BUMP, (sorry)

[nathal]

you can send the bank a schedule of charges but to amend the court papers it costs 35pound

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

[jhenry]

Hi a bit of advise if possible.

 

My account has been with Lloyds collection department before I issued my claim, this was obviously due to loan payments not being paid due to unlawful bank charges. So my account has been dealt with by collections. I have just taken a phone call from them saying that I was due to pay the last payment on or before the 9th November. I said that under that due to the charges being taken from my account this month I was unable to pay the amount and couldnt do so unless this months charges were refunded. as tehy can clearly see the charges are ongoing due to thier excessiveness. I suggested that I could pay the last payment on the last date of this month clearing the debt. He then rambled on and said that Lloyds were not happy with this therefor ethey would be closing my account and forwarded onto debt agency. I said that they were unable to do this under the relevant acts. so on so on. and he put the phone down on me.

 

So I know I am to wait and receive written confirmation of this "closing of account" but could some one advise on what possible is the best direction to take in the mean time.

[jhenry]

So, received Defence from SC&M and also AQ from Northampton county court, which incidently has been transferred to Romford County Court. Filled in relevant N149 form will be copying and sending off to court, and SC&M

 

Filled in section G, as below ( hoping all is ok)

 

I respectfully request 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.

 

When I get a spare hour over the next few days I will hand deliver to Romford County Court with the £100 which is due before the 6th December and wait for the SC&M AQ. Whilst waiting will get going on the court bundle, all getting to the worring stage now, so fingers crossed Ive done so as all before and look forward to the next stage.

 

Keep ya's all posted

 

Jhenry

[BARTY]

Good luck John!

You're doing a good job!

Barty

[jhenry]

Thanks Barty, appreciated mate!!

 

I just hope everything works out. Im probably not the only one but I get the feeling somethings gonna happen or get a letter in the post saying

 

"Dont be stupid Mr Henry you cant claim for this amount youve already paid it to us there's no way were giving it back"

 

I know that wont happen or at least I THINK that wont happen. Im just pleased I was informed of this website and the support on here is outstanding. It all started from a wedding I attended with the misses back in May, fella was telling me about him reclaiming his bank charges thru the guidance of this website, I thought Jesus Ill have a go at that and here I am. Just hope it goes to the end and to the outcome we all wish for. So again thanks for your support.

 

jhenry

[GaryH]

Hi a bit of advise if possible.

 

My account has been with Lloyds collection department before I issued my claim, this was obviously due to loan payments not being paid due to unlawful bank charges. So my account has been dealt with by collections. I have just taken a phone call from them saying that I was due to pay the last payment on or before the 9th November. I said that under that due to the charges being taken from my account this month I was unable to pay the amount and couldnt do so unless this months charges were refunded. as tehy can clearly see the charges are ongoing due to thier excessiveness. I suggested that I could pay the last payment on the last date of this month clearing the debt. He then rambled on and said that Lloyds were not happy with this therefor ethey would be closing my account and forwarded onto debt agency. I said that they were unable to do this under the relevant acts. so on so on. and he put the phone down on me.

 

So I know I am to wait and receive written confirmation of this "closing of account" but could some one advise on what possible is the best direction to take in the mean time.

 

Try this - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/29826-help-enforcement-notice.html#post232568

[jhenry]

Hi GaryH

 

Much appreciated for your response I never did actually get a letter confirming their instruction to close. What I did get was a gently conversation from a very nice lady at Lloyds phoning to confirm that the loan account was now closed and my account was back with Lloyds local branch. She also, dare i say this, said that she would take the £60 pound charges that were due charged to my account on the 1st December taken off. This was due to the collections department taking the agreed loan amount on the wrong day (whan I had no money covering it) causing me to be charged unpaid S/O. So was pretty happy about that.

 

An update: Im due to the local court tomorrow too hand in AQ with £100 fee. so gradually getting there I hope.

 

jhenry

[jhenry]

Got my AQ in to Local County Court today. Paid the 100 sobs. Now sit back and wait for reply.

 

Be interesting to see how the march got on outside the OFT today. Heard it 1st thing this morning on BBC news24

 

Hope all enjoyed the evening

[jhenry]

So the 6th December tomorrow my AQ had to be in to Romford Court by this date but got in on Friday 1st December. Faxed the AQ to SC&M with schedule of charges. which I also sent by recorded delivery also. Will give the Court a ring tomorrow along with SC&M to make sure all documents have been received. So will wait for Lloyds/SC&M AQ and see what directions they intend to take, no doubt the usuall.

 

Just a question I assume that they are giving that date also for the AQ to be entered:idea:

[GaryH]

Yes, their AQ will have to be in by the same date. They are often late submitting it though.

[jhenry]

So received Lloyds TSB AQ, but in section A they have ticked NO to wanting a month to enter into settlement and also under section G "The defendant intends to rely on its defence and the terms and conditions that govern the account".

 

Could anyone advise me if this stops me from sending or entering into diologue with them about settlement, please. Only thru reading other threads Lloyds seem to tick the yes box here.

 

Thanks

[Michael Browne]

They seemed to have changed tack and are now ticking No. That in itself doesn't stop you contacting them, but you no longer have the pretext of 'entering into a daialogue'

[jhenry]

Ok thanks Michael, so is it more of the case of approching them and saying something along the lines of "look from source I know that in past cases you have wished for a period of time for settlement. Why in this case have you not, knowing that the majority of cases against you, you have chosen to settle before a court hearing date. Thus delaying the case even further, additionally incorporating more interset under the section 69 of the county courts act and generally waisting the courts time. So by the above do you wish now to enter into diologue and resolve the claim other than that I am happy to sit and wait until the court hearing date".

 

Like I said something along the lines of but the above being very brief.

[GaryH]

I personally would'nt contact them now they don't request a stay for settlement. All indications are that they're settleing within reasonable time of the AQ again lately anyway. Of course its your decision entirely, but remember there is a fine line to tread between trying to resolve the matter efficiantly and appearing panicy or unconfidant in the merit of your claim. You should also consider heading your letter 'without prejudice', depending on the content.

[jhenry]

No problem Gary much appreciated, your advice is sound enough for me. I will wait and see what the directions of the courts are.

Thank you

jhenry

[jhenry]

Garyh

 

I had in mind to send the following, would it cause much harm in sending. I know you said best not to but appreciate your view

 

 

"Without Prejudice"

 

Mr John Hxxxx

87 xx xx

Cxx xx

Romford

Essex

Rxx xxx

Case No 6QZxxxxx

 

 

Dear Sechairi,Clark & Mitchell,

 

Thank you for the Defendants copy of the Allocation Questionnaire of which I confirm receiving. I have already sent you a copy of mine covered by a fax letter dated 4th December 2006 and also by recorded post on 5th December 2006. I hope you received it, if you haven’t don’t hesitate to call me on 077xxxxxxx Mon-Fri 09:30-!700.

In receiving and analysing the defendants AQ I see the Defendant has not wished for a month’s settlement by informal discussion or an alternative resolution. I am disappointed your client has not wished to settle but if the Defendant was to settle before documents are exchanged a lot of paperwork would be avoided from both parties. Also should this go to court the Defendant may get some unnecessary publicity.

I personally believe that litigation should always be a last resort and would of course have been happy to settle this matter without the need for a court hearing.

Please be advised, that I am completely confidant in the strength of my claim and believe that your clients charges could indeed be proved to be unlawful penalty’s which you are trying to cloak as contractual service charges. For this reason, I will only settle for the full amount of the claim.

 

Should the Defendant decide to settle this before court, my claim amount is as follows:-

Bank Charges 16/11/2000-02/10/2006 = £39xx.xx + 8% Interest pursuant to S69 of the County Courts Act = £47xx.xx

Court Costs (Claim)120+(AQ)100 =£220

 

Total Amount Owed =£49xx.xx

A copy of this letter will also be sent to the court.

 

[Michael Browne]

No problem Gary much appreciated, your advice is sound enough for me. I will wait and see what the directions of the courts are.

 

 

I'm with Gary, I don't think contacting them will speed up a settlement.

I'd edit your phone no. unless it's SCM's!!

[jhenry]

Not a problem, much appreciated Michael.

 

Ill sit and wait for court directions

 

Thanks

[jhenry]

:grin: Cracking

Had settlement leeter from SC&M yesterday for full amount and interest and additional cost.

 

So an absolute big thank you to this website and site helpers and others who guided me thru

 

Thank you and as soon as money is in the account I will be sure to donate

:grin: :grin: :grin: :grin:

[GaryH]

Woohoo!!!!!!!!!!!!!!!!!!!!!!!!

 

CONGRATULATIONS!!!

 

Excellant news, well done!

 

Thanks for the donation too - its much appreciated I'm sure as the site relies on donations as its only real source of income.

[jhenry]

A specific thank you to you also Gary. Your help and guidance has been great.