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Lloyds Default due to PENALTY charges - going to court under BCOBS


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Thank you.

All submitted.

We shall await the hearing....

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

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Hello, hearing is 28th. I have another hearing re CC charges on 24th and bundle went off for that last week.

 

No strike out application I didn't progress because they were in time with court.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Thank you, its ok I don't mind the stress. I do hearings in my day job (just not about me which is obviously very different).

 

See here their witness statement. It confuses me entirely because not once have I mentioned UTCCRs......what do you all make of it?

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Its so funny though, in their covering letters they keep on encouraging me to call them if I have any questions.....I think its them that must have questions, they've entirely misunderstood my claim!

 

Funnily enough they haven't made that offer on any of my Credit Card claim letters, only relating to this claim is an "offer to discuss the matter".

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Responding to you PM orf.

 

A lot of copy and paste in the WS which read more like a T&Cs of overdraft rather than a witness account of the defence submitted.I think the reasoning for reference to the UTCCRs rather than the CCA 1974/2006 Unfair Relationship is to swing it and is far easier to defend on that basis.It is true that there is no contract/agreement as such in O/Ds therefore there is no breach...its a service facility that must be maintained by the debtor in order to facilitate the arrangement.

 

Andy

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You do of course have the opportunity to respond to that witness statement so long as it is filed and served 7 days prior to the hearing :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks everyone.

Citizen, ohhhh how do I do that? Sorry I mean procedurally.

 

What are your thoughts on a response?

 

Its the same case officer but I'm not reading too much into it and certainly not calling.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Pdf upload in post #207 unapproved ...personal details still showing.

 

Credit to Ford

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Thanks everyone.

Citizen, ohhhh how do I do that? Sorry I mean procedurally.

 

What are your thoughts on a response?

 

Its the same case officer but I'm not reading too much into it and certainly not calling.

 

You would simply go through their WS point by point and rebut their statements. It would be headed Witness statement in response.

 

You would attach a covering note to both the Court Manager and the opposition along the lines of

 

In respect of the above hearing and with due regard for the overriding objectives of the CPR.

 

I respectfully request that the attached rebuttal statement be put before District Judge NAME to be considered alongside LTSB's witness statement dated DATE .

 

 

 

You need to head the covering note with any court references and if there is a hearing date.. add that as well.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hello fellow CAG'ers

 

I have an upcoming hearing on 24th Feb for credit card charges claim against Lloyds. Full bundles exchanged etc and I'm prepared to go to court but I just wondered does anyone know if Lloyds usually settle before hearing or more recently are they the sort to not turn up/defend?

 

Cheers

 

O

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hi orfoster,

 

Do you want this thread shifted to the Legal Forums ?

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Oh yes please. :)

Sorry I didn't get down that far.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Oh yes please. :)

Sorry I didn't get down that far.

 

:thumb: sorted.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thank you

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Threads merged ...please do not start new threads on the same matter.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Hello fellow CAG'ers

 

I have an upcoming hearing on 24th Feb for credit card charges claim against Lloyds. Full bundles exchanged etc and I'm prepared to go to court but I just wondered does anyone know if Lloyds usually settle before hearing or more recently are they the sort to not turn up/defend?

 

 

Cheers

 

O

 

if they turn up (my guess they will), they will prob approach you before in court to 'discuss', so be prepared for that. or, you can approach them, up to you.

IMO

:-):rant:

 

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I did put in an offer ages ago lets hope they do offer at last minute because I've just researched and I don't think BCOBs applies to bank charges. It looks like it kinda only has limited scope.....

''BCOBS does not contain rules on the level of prices. However, it does require firms to provide information to consumers on interest rates and charges.''

 

http://www.fsa.gov.uk/Pages/Doing/Re..._a/index.shtml

 

''BCOBS will not cover all retail banking products and, for example, overdrafts and credit cards will fall outside the scope of BCOBS and continue to be regulated by the OFT.''

 

http://fwarchive.ifslearning.ac.uk/f...Lunn/16987.cfm

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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