DLC -Lloydstsb

[GaryH]

If you could post up the wording of the order, we'll be able to tell you exactly what you need to provide by way of evidence.

[N_R]

It has been allocated to the small claims track, and estimated to take no longer than 30 mins.

The parties must file at the court and serve on the other party not later than 14 days before the hearing the following:

a) copies of all documents upon they wish to rely

b) statements of all witnesses, including the parties, on evidence they wish to rely.

The statements shall be typed, dated and signed by the witness stating that he/she believes that the facts stated in the witness statement are true.

All original documents must be brought to the hearing

Parties should not that if they do not file and serve documents and statements as set out above then the Court may decide not to admit the evidence of the party in default

[GaryH]

Ok, you'll need everything from the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html, EXCEPT the consumer regulations - leave those out.

 

Also, a statement of evidence - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194, again make sure you remove any referance to the consumer regs.

[ianbrown]

Hi, I'm helping a friend with a LloydsTSB Business Account.

I know Service Charges are not eligible but the Bank has put a number of Arrangement Charges on her account often of £25 after a £12.50 Unauthorised Borrowing charge. Is this a hidden Penalty and can it be reclaimed?

ian

[N_R]

I can't recall seeing anything like that on our statements. Usually there is a charge for setting up an overdraft (annually or whenever is it changed) but this is somthing in the region of £120, which like you say isn't recoverable (although how it costs £120 to set up I don't know, it's obviously the some part of the [problem]).

 

The only charges that on our account at 2006 rates are:-

Fee for unpaid chq - £35

Unauthorised borrowing fee - £15 (this was £12.50 in 2003)

 

Sorry I can't be of further help. It may be worth asking what these charges are with her banking manager.

[GaryH]

Yes, those are re-claimable fee's.

[JOE 90]

Have Just Recieved The Standard Defence From Lloyds The Same As You But Their Reference In Point 7 Is For Consumer Law Not A Business Account Any Help Please

[N_R]

The defence that LTSB have filed against my claim is obviously the same as yours (and probably everyone elses). Personally I just ignored it and continued.

It also refers to debit cards and ATM machines, which I doubt that many business customers use, I know we certainly don’t.

Personally I think if it did come to Court that it would weaken their defence as they haven’t looked at each individual claim, just mounted a standard defence which in the case of business customers is inaccurate.

[tifo]

i'm in the same boat and just starting my claim now, after receiving the standard FOB off letter.

[datxman]

Just a quick question on preparing the court bundle, looking down the list of contents for the court bundle, I can't see where I need to put my statement. Can anyone shed some light on this for me???

[GaryH]

Anywhere you like really. I'd put it after the schedule, statements, correspondance, etc, and before all the legal stuff. This might come in useful, to - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[datxman]

Cheers for that GaryH,

 

I have submitted my documents and I have phoned [problem] to tell them that they should receive it tomorrow, they have told me that theirs was sent out today, it is basically just the banking code, T&C's and their defence which was filed in response to the N1.

 

They sounded confident of winning the case - dissillusioned or what:p

[datxman]

Just had a phone call from [problem] stating that my case worker will be phoning me tomorrow. What do you think this could be for? Do they normally do this to discuss the case or do you think it could be a settlement offer. Just 23 days to the court date.

[GaryH]

No, this is quite unusual actually. I suspect it may be to offer settlement but who knows. Remember, you can always insist that communication is in writing only.

[N_R]

:D I'VE WON :D

Just gone into my business account to set up this weeks payments, and thought, that balance looks high. There it was 'Bank Claim Refund - £2662.90' I can't beleive it, I'm the sort of bloke that never wins anything.

 

I haven't received any written confirmation as yet, but typing this before the postman comes.

 

Gary H Thanks for all your help. If someone can provide me with an address where to make a donation please.

[datxman]

Morning Gary H,

 

Well I am still waiting for the case worker to phone me up. They should have received my documents for the court today, and I have just received theirs today, and like what was said to me it is just the banking code, my T&C's and a copy of their defence.

 

This should be fun;)

[datxman]

WOW I HAVE WON

 

Just checked my account and the money is there, no phone call, no letter nothing

 

The full amount less my overdraft etc.

 

Thanks everyone your the best

 

I am going to donate now.

[choppedminx]

Well Done !!

 

Been Reading Through This Thread With Great Interest.

 

Just Got My First "we're Not Interested" Letter

 

Hope My Claim Goes As Well

[BARTY]

Congratulations!!! :D

Don't forget to let the Courts know, there is a letter in link below if you need it:

http://www.consumeractiongroup.co.uk/forum/post-487345.html

 

Barty:)

[BARTY]

Congratulations!! :D

Don't forget to let the Courts know they've settled, letter in the link below if you need it:

http://www.consumeractiongroup.co.uk/forum/post-487345.html

 

Barty:)

[N_R]

Thanks. I'm going to give them till tomorrow to see if I receive something in writing in case it has some unusual conditions. Then I'll notify the court and copy them the letter.

 

[datxman]

Dear Mods please could you change the title of this to include **WON**

many thanks everyone:D

LloydsTSB get ready for round two and three lol

[GaryH]

Great stuff, well done!!!

 

I'm intreagued by the fact that Lloyds sent you documents - this is a first. Was there a covering letter with it, and if so what did it say?

 

This is obviously a response to the bundle non-compliance letters and subsequant punitive orders, but it's amazing how they've got the gall to add yet another layer of pretence to their strategy. Digging their heels in by the looks of it.

 

How about an application for costs? I'd advise everyone to slap one in from now on - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html

[datxman]

There was no covering letter other than a compliment slip. Has anyone won the charges back as it has cost me a lot of money in time and paper, etc.

 

Cheers Gary H it is something else to think about before I go for round two;)

[GaryH]

Fantastic!!! Thats great news, congratulations!!!

 

There is a grey bar at the top of the screen which will take you to the donation page.