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

[Pen]

So I believe, one of her colleagues phoned me to say that she is still in hospital and has undergone major facial surgery I received a beautiful bouquets if flowers and a box of chocolates through the post yesterday from all the court staff, ( with an exception of the judge ) which was a lovely surprise. I think they must have looked up my address up from my claim.

 

Unsure about the farse any of my films whould have to have a bit more class., Mrs Roland move over:D :D

[calm1]

Well, at least something nice came out of it.........

[Pen]

I can smile at it all now, as I am that type of person everything happends too except winning the lottery (that never happends) :D

 

But on a serious note it really was a hofficic accident and there was no way could I leave her, she was so brave, poor love. To be honest my family were that annoyed when I told them what had happened that my boy's wanted to report the judge and the way LTSB have treated me knowing my situation to the newspapers especially when they heard that the judge used my lateness to throw out the claim on a technicality which could have been put write there and then. I have to admit I was sorely tempted. the only thing that stopped them was the fact that I would have to give my name and therefore lose all my animosity's which is a pity as she really does need exposing for the bad person she is.

 

Joe Public must have a cat in hells chance of ever winning in her court as she has no moral decency. I do hope she gets severely reprimanded she is only a magistrate after all.

[Pen]

The order for the claim came through this morning.

 

Well what a surprise!!!!. She was the same judge who was at the last hearing, the one who did not know what to do with my claim so turned a Disposal hearing into a Final Disposal Hearing It all makes sence now as to why she was not a happy bunny:) I best not mention her name on here.

[calm1]

Eh? Sorry am having a blonde day............ What is happening now then?

[elsinore]

 

Well what a surprise!!!!. She was the same judge who was at the last hearing,

 

Surely not, Pen? She must have had an extreme makeover between hearings! Did you regonise her, because I certainly didn't?

 

Els

[Pen]

Hi Els, thanks for that, I had forgotten I wrote her name in that post so I have just gone back and deleted it.

 

Yes it was the same Judge. If you remember I went to the Disposal hearing on my own because I had been awarded Judgement and I was not surpose to say anything so it was not meant to be a problem. All that was meant to happen at the first hearing was to decide the amount of award to grant. But she knew nothing about Data Protection Act so set another hearing and called it the final disposal hearing

 

 

The Judge, Mrs ......, asked me if this case was about bank chargers. I said no, I directed her to my witness statement. I informed her that I do have a case proceeding in relation to bank chargers but today's hearing is in relation to LTSB's failure to comply with the Data Protection Act and my request under the act for my information. She asked should'nt the information commisiner deal with this issue, I informed her it was a court issue and that I have a judgement against the banks in relation to it. The Judge then said "you do know this is a directions hearing don't you"? I said no, The letter I recieved from the court stated today's hearing is a Disposal Hearing for Damages to be awarded as a Judgement has already been made in my favour. The Judge stated this is a Directions Disposal Hearing and she could not make any decisions on a award in 10mins. I Informed her that the letter states the case has been listed for 30mins, her reply was to say that all bank......

 

Sorry Calm: what I am saying, not that it makes any difference now the case is over is this. When I went to the Disposal Hearing in July, I had been awarded Judgement, all the judge had to do was make an award But!!! she knew nothing about DPA and thought that the ICO should deal with it. when I informed her it was a court matter and Judgement had already been granted in my favor. rather then deal with it there and then she passed it over for another judge to deal with, see were I'm going with this!!!! It was unfortunite that the other Judge turned out to be her again and since it was now a final hearing whats the best thing to do if you don't know what to do "NOTHING" case closed.

[calm1]

what happened????????? You suddenly just dropped off! Pen, Pen are you ok????

[elsinore]

Sorry Pen, having an old git moment! Of course, that was the hearing I didn't attend.

 

Els

[Pen]

Calm!! calm calm down, I had to turn the microwave off, milk was boiling over:D

 

Els you have been wonderful, I wish all member's had a buddy like you. You are not just my buddy you have become one of my dearest friends and i love you to bits !!! thank you for all the hard work you have put in on my be halve along with the long hours of sorting out all my files.

 

I think this realisation today has done it for me! I am not a solicitor and I am never going to demand in a court room the respect given to them by judges. This judge had her own agenda she knew her limitation and copped out to the detriment of my case. Although SCTs are meant to be for Joe Public it has been demonstrated on cag over and over again that this is not the case. for me to proceed I would need a lawyer something I could not afford nor do I want. It was obvious from the off that I was not going to win that day even had i not off been late and the N1 had been signed so what is the point. I will lose out **** loads and the banks will again become richer isn;t that how it's meant to be.

 

I have informed Gary of my decision and although he has not been on the post he is aware of what happened and like all of us he was unhappy with what had gone on. It has been thanks to Gary that I managed to reclaim my chargers and wipe out a loan belonging to O/H this has enabled us to repay all our outstanding bills which was an enormous achievement in itself

 

If this case had off been a simple one like BCs I would have carried on but it;s not and it was becoming more complicated each day and i could never return with out thinking of the horrific scene that day,

 

to all of you I wish you all the best in the world and I honestly do want to thank you for all your support.

 

Gary could you please closed down this thread for me

[calm1]

Oh Pen:( you have done extremely well anyway. Maybe it is time to throw the towel in. You have to think of your sanity and health . It has been a fun old ride with you and although you have had some bad times, I feel you have gained so much (not just money). I do hope you will stay on the forum - you know a lot of stuff that could still help other people!

[GaryH]

I'm still here!

 

Pen, are you sure you want to throw in the towel? Of course you have to do whats right for you and I totally respect your decision if you feel pursueing it isn't going to do you any good. Its a rollercoaster battling the banks - its all consuming at times and you more than anyone have had some wonderful highs and also more than a few lows along the way. So I completely understand if you feel you need to call it a day.

 

If you do decide to call it a day then make no mistake - you have won. I can still scarsely believe that you managed to win all that compound interest and also get a large loan null and void along the way. Its a truly remarkable achievement, and although I appreciate you saying so, it wasn't thanks to me at all - I may have helped but at the end of the day your success has been solely down to your commitment, enthusiasm and sheer guts. You can relax safe in the knowledge that you have given the greediest, nastiest and most agressive bank there is a thorough trouncing! Please do not let this latest dissapointment, and the actions of one reprehensible judge, cloud what you have achieved.

 

Anyway, what I'm trying to say is that you should do whats best for you - but don't give up becouse you think there is nothing else you can do. You can - but it will obviously mean another battle. I don't think that estimating a claim is the way to go. There's no way IMHO that it would be successful (yes, I know I've said that before and been wrong but this is different!) and as it would be in the multi-track you would face costs.

 

If you can't get the 10 years worth of statements you've been promised then you could try to get the claim restored. It would only take a simple application and IMHO you have good grounds and it may well be successful.

 

If not, then there is the information commissioner. I know there is a wait but it wouldn't be as long as you think. You should at least talk to them and explain the situation - you may be pleasently surprised. Although it was a while ago now, they sorted out my HSBC complaint within 6 weeks, and assigned a case worker to my complaint who was very helpful and available to contact over the phone.

 

Either way - don't dissapear! You've got a lot to offer the forum, as has been said, and your an inspiration to others.

[Pen]

Hi Gary, Els and everyone else. Els I got your PM I will respond later if that Ok.

 

What are you both Like. Gary, I Know you are still there, your the mother hen, no one expects you to comment on all treads you would never get anything done!!! the same with Els both of you have been following and guilding me through this from the start and as you both no this bank has put me and my family through hell.

 

What I am having difficulty round is seeing anyway forward. All I would need is to get that same judge again and she would wipe the floor with me I could see her demanding the banks be awarded costs even if they do not want any, she would be totaly out to get me after what has gone on in the last week. It was never the intention to estimate charges but on her instructions I had to, not that she looked at it anyway but I felt if I could demonstrate that I had in fact occured a substantial loss then she would have to at the very least request the bank to look into it and produce the information I wanted.

 

After I was awarded Judgment in May I sent the slip off with a letter requesting that they direct the bank to comply with my requested for Data Information.

 

Then at the Disposal Hearing she asked me if I had any directions for her er! so nothing made sence, then instead of using these directions or make an award she orders yet another disposal hearing to take place, at this hearing she was extremly cross with me and was prepaired to strick out the case to save that from happening I withdrew my claim.

I am unable to lodge an appeal because of withdrawning the claim but even if I did manage to get the claim reinstated (part of O/Hs complaint has requested this) some parts of my POC would not in my opinion stand up against points raised in their skeloton argument which would then mean I would have to re start the whole claim again but with the OFT case all claims are know on hold so I would be unable to restart one.

 

The local branch have said they will provide me with 10 yrs statements, I will have to wait and see if they do this who knows.

 

with regards Information Commissioners Office I have had a complaint lodge with them for the last 7 months re employment related and it is still awaiting allocation to a case worker

 

Anyway, what I'm trying to say is that you should do whats best for you - but don't give up becouse you think there is nothing else you can do. You can - but it will obviously mean another battle.

 

It's not the case that I want to give in, it's really not , everyone especialy els has worked so hard to help me get this far. Els (sorry els) has worked like my very own personal assistant he has unselfishly done so much to help me and has PMed me to say that he would continue to help me get my money back. I can just not see anyway further I can take this and I would hate to waste everyones time.

If Gary and Els you both think I really do have a fighting chance of carrying on after all thats happened to this case, then yes!!! I have to continue I know you are both not solicitors I would rather have some one helping me because they want to rather then someone because they are being paid to so Ok let the battle begin. Oh My Goddddd!!!!!!

[darling1]

Pen...what are you thinking of? You cannot leave us !! like the others are all saying your case(s) have all been exceptional and they are reading like a farce! But everyone has been behind you willing you on - you are the one who has done all the hard work and you have been a great success.

You have been through a terrible shock - the terrible injuries that the lady received and on top of that a pathetic excuse for a judge.

 

...and like you said it all makes sense now - why she treated you like she did, I recon if she wants to play like a judge she should learn her stuff and act like a judge - how dare she treat you like that!

There really is no justice, if there were we wouldn't all be on this site in the first place. Actions like yours have helped to force the hand of the test case.

 

You sound very weary and depressed with the whole lot - if you really decide you have had enough you WILL keep in touch? If you don't I shall get in my car (the one that hasn't recently had a Nissan up the rear) and come and hug you! Now that is a threat that I don't make often!

 

You have beaten LTSB and because of all your efforts you have sorted out a lot of your worries, and had a couple of exotic excoursions as well - now that is a success, try not to let them get to you - you have got better things to use your energy on! My OH sugested straight away that this episode is exactly the sort of thing that needs to be on the front of the paper! But I would not want my intergrity and annominity compromised either - so its understandable that you want to keep it quiet....

Keep you chin up pen, you are a star and dam you you are a platinum account customer and I am mearly a classic!!!

Love you lots Sue xxxxxxxxxxxxxxxx:p

[Pen]

It still dosn't give me a bigger mail box though :D

[Night Owl]

Pen I have just caught up with your thread again.

I was truely shocked by what I have just read.

I have been in the medical profession for 28 years! A medical emergency will take prioity over anything else. A potentially life threatening injury not only takes courage to deal with but needs commitment and compassion for the injured person. You showed this and I applaud you for what you did. Not everyone can. You were rewarded with flowers and chocs from the court staff but did not receive the same compassion from the judge. I really think that was disgusting and she should be condemed for her actions. You were in no fit state to continue immediately and a concession should have been made as the incident happened on court property and would have been recorded as such. I really think that this warrants a true complaint of the way you were treated following the incident. You could get the medical profession to back you on this and provide evidence for a complaint.

You really are a true inspiration to others here and must find it in your heart to make the right decision over your court case.

I wish you well and good luck.

Night Owl

[passivenomore]

Hi Pen...

 

I'm still following your capers with great interest and, like everyone else, am appalled at your treatment by this so called judge. There really should be a way to get them struck off and more justice-friendly judges to be appointed to replace them. Some seem to have their own agenda and a very high sense of their own importance... it's wrong!!!

 

Anyway, just wanted to send you love and hugs because you are an inspiration. So glad you're going to persist with this. Apart from anything else... it's a daily source of entertainment!!!

[Pen]

Passivenomore, you do make me giggle at times Night Owl, next time i have to attend court i will make sure you attend with me as well as Elsinore, Bankfodder, Gary, Gizzmo darling1 plus a policeman in fact everyone who can assist either in or out of court. I want all my corners covered for what ever gets thrown at me.

 

Right now my A list is sorted I have a plan. Hopefully my case will get rescheduled and if it does I am going to pay the fee to get my N1 amended, I have their skeleton defence so hopefully I can cover all their arguments and add a few more of my own. if the court decided that they will not allow it to be rescheduled then I will restart the claim straight from the N1 stage, no more letters to LTSB.

 

PS night owl, it happened just outside the court, But!!! surly the court should have had it's own first aided who should have taken over (for the simple fact of being trained ) or assisted so yes you are right what ever way you look at it the accident should have taken precedent over my case which should have been adjourned.

[Pen]

Phone call to local branch, they have all 10 yrs of statements ready for collection.

[Pen]

Went to branch to collect last 10 yrs statements as stated in thier letter, 20 mile round trip. All I got was the last 4 yrs. Yet again, a waste of time

[joesoap]

Are they taking the P or what. I had loads of bother with my son's account with LloydsTSB (inculding the Mumbai Mumblers ringing at MY address on Sundays). I complained bitterly but I didn't bother with the tuppence hapenny staff I went straight to the chairman, Martin Van Den Berg. If you want his fax number you can have it, as can anyone. He just passes the letters on but at least they are dealt with "immediately". I even got myself £50 compo!

[Pen]

Hi Joe, I have tried everyone but!!!! I must admit not the chairman. I don't have a fax machine but I am sure I can find one some where. Joe, thats great thanks,could you PM it to me please, in the mean time, now that I have a name I will do a search for his email address.

[passivenomore]

Passivenomore, you do make me giggle at times

 

Wahey... found something I AM good at!!!

 

 

Ps... Nice work Joe... maybe we should all fax him en-masse with "Stop Harrassing Our Pen" faxes!!!!

 

Oh... and maybe add a little "can we have our money back without having to play these silly games you make us play" bit at the end!!!!

[joesoap]

Couldn't agree more passive!

[Pen]

Ok would you all like to hear about the outcome of Mr Pen's Complaint :D

Letter received from court manager this morning.

 

Dear Mr Pen

I refer to your complaint date... Blar blar blar. I am know in a position to reply having investigated the matter.

I should explain that the judiciary are constitutionally independent of the government and the administration of HM Courts. For this reason I am not able to comment on the decisions made by the judiciary nor the manner in which a member of the Judiciary conducted the hearing.

If Mrs Pen wishs to pursue the claim i can only suggest she contacts a solicitor or the citizans advie Bureau.

Blar blar blar

Court Manager

Some investigation. as a manager I would have thought he should have known that already and saved himself the trouble. No mention regarding reschedulaing the claim so it would seem I have to resubmit unless there are offical forms i need to file in, Does anyone know how to do this.

 

thanks everyone

pen