Pen vs Lloyds TSB **TOTALLY & UTTERLY WON!**

[Pen]

Hi everyone, still no news from lloyds.

Pen

[GaryH]

Hi Pen:D

 

Looks like you can forget about the O/H's loan then - I think they knew they did'nt have the agreement and suing was a last ditch attempt to get you to pay it.

 

Oh, your PM box is full by the way.

[Pen]

Thanks Gary, I will clear it now, unsure about OHs loan, should the bank have sent me something by now in regards to my defence.Do they have any deadlines to keep to. It would be great if what you say is right. but a bit ****ty on the banks frighting people that way to make them pay up. just think If I had not been a member of CAG and had your help, I would have had to agree to owing them the money and paid up when they had no agreement all a long, it beggers belief how low they can get.

 

Pen

[gizmo111]

All good news Pen

[Pen]

Yes I hope so Gizzmo.

 

Pen

[darling1]

Hi Pen Just checking on your progress - any more developements?? (I am now on the storcard GE MONEY site!!, I am a bit lost there its a bit quiet compared to this one!!)

Hope all is going Ok

Darling1......nice weather today!!

[Pen]

Hi Sue,

no not a dickie bird. bit strange cause i don't know if i should be doing anything about it. I have lodged the defence with the court a while back but have had no responce other then the court informing me that they had recieved it and lloyds have untill the 24th April to decide if they want to proceed so I pursume it's now upto lloyds.

 

In relation to the SAR court case, lloyds had until the 11th April to reply. I don't know if they had so I will call the court on Monday to find out. If they have'nt I will be back asking what to do next.

 

But on the chargers issue. I got a letter from lloyds yesterday. relating to the GWO the gave me in December (remember the one for £750 which they lost) I wrote to them at the time stating that I would except it in part payment only. I also wrote to the court to inform them of the payment. anyway the letter yesterday stated they are sorry blar blar blar will not be making any further offers and if I intend to sue in court they will take it back out of any award I recieve.

 

I would expect then to deduct the payment from the chargers if I win that goes without saying but then it is hardley a GWG if they impose conditions on it 4 months later. did you get the same letter?

 

Know crap all about storecards but as i am a nosy bugger with nothing better to do i will pop over to say how bad the store is and how you have been so badly treated etc, etc just to keep you company from time to time.

 

Pen

[darling1]

Hi Pen -No I didn't get any letters from LTSB, about anything really. I just sent a letter to court telling them that I had received £750.00, and sent the refusal letter to LTSB, the one on the forum. they didn't reply, other than on the intention to defend bit. So I don't have any experience in negotiating with them!

I don't know much about store cards either as you will see on my thread, keep asking what to put on my prelim and LBA letters, because surely they cant be exactly the same as the bank ones, as with the storecard claims you add the fact that you are claiming back the 29.9% from the start, as they actually charge you that on the charges they make from the first day!

Anyhow, better trip over to my "New" place and find out what I am up to over there!

[Pen]

Hi Sue,

I am really really ****ed off with this bank. i called the court today regards the Notice of issue and Lloyd's failed to respond so the court told me to fill in the request for Judgment. Unsure as to what the judgment will be. I don't want to be awarded damagers I want my information all of it from the bank, can the judge order this or just a monitory value as compensation.

 

I think this is good news as regards Hubby's loan as the SAR should have included the loan agreements as we requested them if not then we should have got them when we sent the CCA, now they have even failed though the court system so they cannot say we have not tried to get them.

 

I am going to fill in the request for judgment today but should i include a covering letter of some sort

 

Pen

[darling1]

Hi Pen, just stopping by to see if anything is going on? Have you heard from the court ref the judgement yet? or is it too early - Darling1:p

[Pen]

Hi sue, no I followed garys advice and wrote to the bank giving them another 7 days if they don't reply then I will write to the court.

 

Don't expect the bank to reply. and don't know what the court will do but I hope they make a order for Lloyds to give me all my info and award me loads of damagers, some hope As I have claimed for a unspecified amount and left it to the Judges discretion on what to award so he can award anything for £10 to £5000. In the value column of the N1 I just didn't have a clue what to put and Gary cautioned care as you have to justifier ever thing with receipts I think so I just put value less then 5,000 so that it would be in the small tract. I think you had to have a figure and said basically I could not put a value on it so asked for the Judges discretion in awarding damagers. Hope I done the right thing. but we will soon find out

 

Pen.

PS Hi Gary, no sign of the oxton letter just emptied all my Pms so I hope I have not deleted it.

[GaryH]

Hi Pen.

 

Good news - you can apply for a strike out on OH's loan claim. You'll need to fill in an application notice (N244), I'll help you with it tomorrow or Saturday. As for the default removal, the best person by far to speak to is Gizmo - she's successfully removed quite a few now I think.

 

I did send the letter to your e-mail address first thing this morning, check if its there and if not I'll send it again.

[Pen]

Wow Gary, thats great news, I will check out what the n244 looks like and yes i would appriciate your help. I will pm gizmo about the default, when I first sent the prelim for chargers I asked for the defaults to be removed there so maybe it could be done as a settlement on the chargers claim but yes gizmo will be the person to ask.

 

Silly me, not checked my email, it would be a good idea to do so now and again. Thanks Gary, Every thing is comming it it's end stagers now, I am going to have a good think who owes me money just so i can stay on the site and keep in contact with everyone.

 

Bye for now

Pen

[gizmo111]

Thanks Gary, Every thing is comming it it's end stagers now, I am going to have a good think who owes me money just so i can stay on the site and keep in contact with everyone.

 

No need to have money owing Pen, just stay around - it is a pleasure to have you here.

 

And really good news re the SAR and strike out. No doubt GAry wil lget you something great together over the next couple of days.

 

Best Wishes

[Pen]

you are a love, thank you Gizmo. yes all good news so far, thank you for your help in it all I can see I am going to be really busy over the next couple of weeks bringing most of them to a conclusion. hopefully.

 

Pen

[Pen]

opps, big "mistake"

 

I had the request for judgment all ready for posting once the 7 days where up from the bank, but!!!! H/O had posted it by mistake. so today I recieved a letter from the court re Judgment for claimant (amount to be decided by the court)

 

The letters states "Judge Johnson orders that:

 

At a Disposal hearing the court may decide the amount payable and give judgment for that amount or give directions as to the future conduct of the proceedings.

Parties should note that the provisions of Part 26 Practice direction Paragraph 12.4 apply to a disposal hearing.

You should attend on the 25th June when the court will make it's decision.

Gary, do you know anything about proposal hearings and why one has been chosen in this case. will the judge just offer a monaroty award and not a order for my SAR do you think? I have gathered that nothing will be decided at these sort of hearings so do not know what is the point of having one. I also gather they look into the defendants finances to see if they are able to pay.. well we all know that are not able thats why we have to go through the court arena.

 

this has to be a bad move yes? why could they court not just make an order for the return of my DP information.

Have not heard of any of these orders on the site, i have put in a search but nothing came up.

Pen

 

Ps check out my Avatar, good or what

[Michael Browne]

CPR PD26:

12.4 Disposal hearings

(1)A disposal hearing is a hearing –

(a)which will not normally last longer than 30 minutes, and

(b)at which the court will not normally hear oral evidence.

(2)At a disposal hearing the court may –

(a)decide the amount payable under or in consequence of the relevant order and give judgment for that amount; or

(b)give directions as to the future conduct of the proceedings.

(3)If the claim has been allocated to the small claims track, or the court decides at the disposal hearing to allocate it to that track, the court may treat the disposal hearing as a final hearing in accordance with Part 27.

(4)Rule 32.6 applies to evidence at a disposal hearing unless the court directs otherwise.

(5)Except where the claim has been allocated to the small claims track, the court will not exercise its power under sub-paragraph (2)(a) unless any written evidence on which the claimant relies has been served on the defendant at least 3 days before the disposal hearing.

[GaryH]

Its nothing to worry about Pen. A disposal hearing would be the norm in a claim for an unspecified amout.

 

Judgement hasn't actually been awarded yet so it will be at the hearing, unless Lloyds file a defence in the near future, in which case it will probably take the form of a directions/prelim hearing. If/when you're awarded judgement the judge will make an order that Lloyds comply with your SAR and also decide on the monetry award, if any.

[Pen]

thanks Gary. So Lloyd's are still allowed to file a defence even though they ignored the first issue. the letter does say Judgment for claimant (amount to be decided by the court) seems a tad unfair, this is not necessary the case then if Lloyd's cans still add a defence, the judge could change his mind then the whole issue of a solution hearing would have been pointless. He might just as well wrote stating Lloyd's have a further 28 days to defend the case. I am sure the banks have these Judges in their pockets, thats why they won't come down hard on them. I honestly believe a layperson would not get all the chances to defend a case as the banks do.

 

pen

[GaryH]

the letter does say Judgment for claimant (amount to be decided by the court)

Oh, well if thats what it says then you have got judgement then. My mistake, sorry.

[darling1]

Hi Pen, What avatar??

[Pen]

Hi Sue, nice to see you back (not)I could kill you. I, well not I but my son followed all your instructions, found a great photo and thought bingo. so told everyone to check out my new avator , only, when i checked it myself there was none. it' a good job you don't have any scales on this thread. the comments i would have made would'nt be nice. i even told Gary about your instructions and how easy they where to follow, I must check out if he has one or not. maybe not if you gave the instructions How is your new thread doing, still pretty confusing or are you now getting tto grips with it all. I really think they must be the same principle as bank chargers only you word the letters differently. Have you given any thought of claiming your chargers back beyound the 6 yrs with lloyds, maybe you don't have any but it's worth a consideration if you do.

Don't know what to put in my blank space now and cannot remember what was in it before. :D

 

Pen

[darling1]

Hi Pen - I shall PM you about your comments!! Its all very well following intuctions but did you actually save the changes you had made!??

I followed my instuctions and I got an avatar ok! - Its not that hard to do!

Lucky I like you and I know that you are only joking (I hope! )

Darling1

[Pen]

Hi Gary, Just noted your upgrade, you certainly deserve it with all the work/support you put in to helping us all out on this site, WELL DONE and congratulations, when did it happen

 

Pen

 

Noticed like me you still have not got a Avatar though(smiley vanished again) no idea where it goes too.

[GaryH]

Thanks Pen.

 

Ah yes, the avatar - I'm working on it!