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

[Pen]

Hi everyone,

Just a update,

the hearing is on the 10th Aug not today as first thought how stupid can a person get making such a mistake. I had read the letter 4 times over so don't know why I kepted thinking it was the 6th

 

Els I have sent you a pm, emailed plus a phone call. Hope you get one of them. I would hate for you to go all that way today for my stupid mistake. could you please contact me so that I now you have recieved my message.

[Pen]

Hi everyone.

 

Update on today's Disposal Hearing for Data Protection.

 

What can I say!!! I had to withdrawn my claim at the final hearing.

The reason for this was that the judge brought to our attention a small matter of my forgetting to sign the N1 form. Obviously, this very very stupid mistake on my part had huge consequences so rather then have the case struck out like the judge ( who was a right cow by the way) wanted to do, I thought it better to gracefully admit defeat and live to fight another day.

 

I cannot believe I was so stupid as to forget to sign the NI but in my defence, the Court Clerk did not notice when processing the claim. The Judge who awarded Judgement did not notice. The Judge who directed a Disposal hearing did not notice neither did the Judge at the prelim hearing. I also don't think LTSB's barrister would have noticed if the judge had not brought it to his attention and asked him if he would like to make a claim for costs.

 

I am sorry too everyone who has been following this case for your own S.A.R - (Subject Access Request) claims as I feel I have let you down on the most basic obvious issue of remembering to sign all forms. I can honestly say I will never make that mistake again. I did try to explain how I would have made such a mistake and offer to swear on oath that It was in fact me who completed the N1, but she was having none of it as she was not in a very good mood.

 

I think her closing comment's where something on the line of "if I want to play at being a solicitor then I need to act like one".

 

I suppose she has a fair point. it was a silly mistake to make.

[TANZARELLI]

Cant see what all the fuss was about if you signed it there and then. Oh well never mind.

[elsinore]

You’re too hard on yourself Pen.

 

You and I both know that, having drawn the short straw and got the Friday Afternoon Judge, there was no way that you were going to get a positive result yesterday.

 

Judge Jeffries had more compassion and balance than this lady. Even had she not spotted the unsigned claim form, it was clear that she had pre-determined the case and had no intention of ‘wasting’ any more of her time than absolutely necessary. As Tanz says, she could have simply passed the application over to you for signature, there and then.

 

The fact that LTSB's lawyer produced a skeleton defence, like a rabbit out of a hat, didn't seem at all improper to the judge. You were given no opporunity to state that LTSB had failed even to attend the two previous hearings.

 

Her ‘lecture’ at the end I found deeply offensive. Had she taken the trouble to ask you some sensible questions, she would have known of your success with previous claims and, perhaps, not been as critical.

 

As I have said before, another day, another judge, a different result.

 

You'll win the next one.

 

Els

[Pen]

Hi Els.

just to let you know. O/H phoned the court after I had told him what had happened mainly because I was in a right old state by the time I arrived home. Apparently all the court staff were informed of what had happened in the court room and was absolutely disgusted. a official complaint has gone in and the officer who deals with it is going to check out the recording. the staff where lovely and wanted to send me some flowers which i declined.

 

I feel only sorrow for that judge, who ever she was.

[TANZARELLI]

Thats the spirit Pen. The judge probably wanted to get off early so saw this as an easy time cutting step.

 

Have a virtual hug from me mate.

[Pen]

Taz.

 

i love your hugs. glad you gave me 2, I could do with all the one's i can get at the moment lol:)

[TANZARELLI]

No probs

[remus]

Hey Pen, Hugs from me too, squeeze tight, feeling for you:)

Come on girl, that Judge:( and for everyone else to feel for you that they wanted to send flowers:) .

Perk up, its all good, and no way have you let anyone down, you are an inspiration, don't stop, we are all doing our bit, and we will get there

[Pen]

Remus, how sweet. thank you. i don't know if it is just me or does it depress everyone at some point during the process. A girl from the court chambers did phone me this morning and adviced that i make a appeal or at the very least write to the judge asking for the case to be reinstated. It all takes such a long time and to get to the final hearing only to be knocked back on something I had forgotten to do is so disapointing.

at least I'm getting plenty oh hug's:) there worth there weight in gold.

thanks remus.

[darling1]

Even if you keeep winning and everything goes as planned you can still get very down - I sometimed rant that I shouldn't have to be put through all the stress and worry all the time! It can take over your life -

But you were under tremendous stress that day - before you went in and I notice you have, as usual, been very modest about your day - I know that in that someone elses eyes you are a hero and deserve a medal;) - sod the judge - she has to live with being a horrid person(edited what I wanted to really say!!), you may have "lost" this round but you will win it again later and you can truthfully say you did some good that day - unlike her!

Don't be hard on yourself - you havn't let anyone down!

Sue x

ps. where do group hugs come from - I would love to give you some - but I will join in the ones above - can I be the one 2nd from the left!?!?

[calm1]

Pen - you made a silly mistake and that is that!! The judge was clearly an old witch! You must make a formal complaint against her (you have all the proof you need of her unreasonable behaviour in the transcripts) and get the case re-instated. I absolutely loathe arrogant people like this woman - she needs to remember who she is! Virtually anyone could become a judge, in fact, with your new qualification and recent experience, you would probably make a good one! Keep your pecker up, it's not the end of the world.

[darling1]

Hear! Hear!

[elsinore]

Empty your mailbox Pen, there's a message coming through!

 

Els

[Pen]

Hi everyone. peter my inbox is empty now, what has happened is that remember those emails i was getting a while back ! well they have stopped but I am now getting PMs requesting help instead. see I do need my inbox size increasing after all:) I am having to clear space everyday. Gary are you paying attention!!lol

 

Sue, the hugs are great, I also want to know where you get them from!!

 

Calm, she was a witch, i see her face in my sleep every night.

 

Right back to my claim: someone a while back had mentioned that it's the local branch who hold all personal details pre 6 yrs in their vaults. I did not follow this lead through since the claim was in the court arena but since I have had to withdraw my case i though what the heck and called them.

 

I spoke to a very snotty assistant who informed me that it would take one member of staff months to find one persons banking history so basically i said tough you only have 40 days which has well been and gone and you are breaking the law by not supplying them to me. She then informed me that who ever gave me the information that the local branch hold these details is wrong. I informed her that it was the data Information dept of LTSB who informed me so it was left that she would look into it and get back to me. Well!!!

 

this morning I received a very nice letter from my local branch informing me that they are currently collating all my statements for the last 10 yrs, on our joint account and that i will have to collect them from the branch in 10 days time this is a start!! any other accounts I will have to pay the fee of £10 each. if I want information on my PEP I have to write to Scottish Widows in Edinburgh, enclosing another £10 as all this information has been sent to them when the took over. If I want info on my endowment mortgage I have to write to Cheltenham Gloucerter in Glouserter enclosing another £10 and if I want info on my Personal Loans I have to write to Homeloans in Andover enclosing yet another £10. she has gave me the address of all the departments I need to write to. Doing it this way may produce results note I only say may but!!!! it's going to cost me a fortune and why I have I had to go through the whole court process from dec06 for them to tell me this now. what a joke why can not my local branch collate all the information I want for one £10 fee???

[elsinore]

Now that Pen is back in the groove and terrorising LTSB again, I’ll tell you all what happened last Friday.

 

Pen was waiting for me to arrive at court and was having a cuppa in a café just by the court entrance. A lady, who turned out to be a member of the court staff, stumbled and fell into the doorway of the café. She received a terrible wound to her face as her head struck the metal door frame. Pen, with no thought for herself, went to her aid immediately and tended to her until an ambulance arrived. The wound was such that constant pressure was needed to staunch the flow of blood and Pen, who was cradling the stricken woman’s head in her lap, was in no position to leave her.

 

When I arrived a few minutes after this happened, it was obvious that there was a danger that we would be late into court for the hearing. I went to the court reception desk, told the ushers what had happened and asked them to inform the judge that we might be a few minutes late. I suggested that, if we were indeed late, the judge might consider postponing the hearing until later that day or, if that was inconvenient, another day.

 

We stumbled into court 10 minutes after the appointed time, apologising profusely to the lady judge. As you can imagine, Pen was by then very agitated and upset and in no condition to present her case properly.

 

The judge made no concession at all for what had happened, was unwilling to take Pen’s state of health or state of mind into account, would not allow me to speak on Pen’s behalf and, finally, had the brass neck to deliver a lecture on bringing a case to court. Not much reward for a selfless act.

 

I have since written to the Court Manager to register my dismay at the way Pen was treated by the judge, as has Mr Pen, who was furious that his wife should be treated so shabbily.

 

Els

[joesoap]

What an absolute disgrace. The judge is obviously a first class prat. Of course, there are stronger words to use but I don't want to get into trouble; for a change!

Perhaps she was gannin' oot on the hoy and wanted to get home to change into her glad rags.

[darling1]

Well done elsenor, glad you exposed Pen for the hero she is !!!! She is very modest, hope that judge doesn't need a BAGGER to help her out of a predicament, she will be out of luck! Nasty piece of baggage...I hope that someone puts her onto this thread and lets her see her handywork...

WELL DONE PEN! glad you are on LTSB case again!!

Sue:p

[Pen]

Els, you missed out my parking ticket :D I have hidden it form O/H in case he goes loopy:) Also I never told you but when I got out of the car outside my home a bird **** on my head, is that meant to be lucky:eek: recieved your letter this morning and thought it was fantastic, that poor judge won't know what hit her. thanks Els

[TANZARELLI]

Els, you missed out my parking ticket :D I have hidden it form O/H in case he goes loopy:) Also I never told you but when I got out of the car outside my home a bird **** on my head, is that meant to be lucky:eek: recieved your letter this morning and thought it was fantastic, that poor judge won't know what hit her. thanks Els

 

Definately not a good day pen.

[photoman]

Pen

I've been a bit distracted with other stuff lately, so not posted much on site.

Just wanted to say, that although I didn't post any commiserations just after what happened, I've been watching events intently

Disgraceful, and very unfair the way you were treated. Any reasonable person can see that such events were not bourne of an impartial adherance to procedure, but rather an obvious attempt to dismiss or avoid dealing with the actual issues at hand.

The judges anger, frustration and weariness in dealing with yet another case of this type should have been vented at the true culprits, rather than at somebody simply looking for justice.

I wish you all the best of luck in resolving this matter, and even though you do have some great help, if there is any way I can help, don't hesitate to ask.

PM

[calm1]

Blimey Pen! Only you could manage the drama that became your court appearance!! If someone doesn't make a film out of this it would be such a waste.......... Very nearly PMP when you added your footnote regarding the parking ticket!! As Tanzarelli said, not a good day!

 

Oh and thanks for the info regarding 10 years' statements - that will come in very handy as I know my partner was all over the place in those four years as well (divorce, etc).

[Pen]

Hi calm, your welcome!!!!

What do you recon a Drama or a Comady:D

[elsinore]

A Farce!

 

Els

 

(and I 've got the film rights!)

[calm1]

BTW was the woman with the labotomy alright?