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

[empowered]

Pen - just in case I get too bogged down with work tomorrow am now wishing you all the best of luck for Wednesday. I know that you will have done your homework with Gary's help and its brilliant news that Elsinore will be there for you on the day! You go get 'em girl and if you have to climb down on the CI, so what! I have a feeling that you will look like a Cheshire Cat when you come out, and it won't be down to the medication! lots of love Debs x:)

[maxine989]

Pen... Your date is Wednesday? I thought it was 13th June? Yikes...

 

Good luck... Bet you will be glad to have it all over.

 

max x

[gizmo111]

Hi Pen,

 

I am going on holiday tomorrow night so won't hear for 2 weeks how you got on (unless I can sneak half hour in an internet cafe), but very best of luck, I'll be thinking of you.

 

And you have a fantastic buddy in elsinore.

 

Giz x

[Pen]

Hi Gizmo, have a wonderful holiday, we are going on one are selfs on Friday it's our 30th wedding anniversary i wonder if we end up in the same sort of place, did you know i had the same career as you until i was forced in to early retirement, what a coincidence. If you would like to give me your Mobil number i would be only to happy to text you the outcome, but then who wants to worry about CAGE when you are on holiday, forget it all and enjoy yourself, don't forget i know how hard you have to work, so leave the phones, laptops and every think else,. you can take the kids if you must:) :).

whatever the outcome, thank you for all your help time and energy.

enjoy yourself and thanks

Pen

 

Ps Maxine, nice to hear from you again, yes you are right i do have a hearing in June, thats another one.

how are things good I hope

pen

 

PPS thanks debs, as long as it's outside I am smiling and not inside i will be ok thanks for your support

 

Pen

 

ppps. i am now off too bed again, need to catch up on my beauty sleep.

goodnight and godbless everyone

pen

[photoman]

Pen

Just subscribing. Gary mentioned your case to mje in a PM, so thought I'd pop in and have alook.

Sounds like you have plenty of support, and pleased to hear you have Elsinore helping you out. A good well respected CAGer, who will do you proud. (BTW, as I write this at 00:40 in the morning I notice Elsinore is also on this thread doing their homework) !!

 

Best of luck and wishes on Weds.

 

Photoman

[Pen]

Hi PM thank you, yes I am thrilled to have elsinore along with me, how lucky can a girl get, it's like hitting the jackpot, Although it's 2.45am i have cheated a bitbecause i have been to bed, but could not sleep so though i would come back here with you wonderfull lot

Pen

[innocent]

Just subscribing too....been following your conquest with great interest...

 

GOOD LUCK for Wednesday :D

 

 

I know you've had loads of support; but wanted to add mine too... from someone also has a case with Lloyds involving CI.... they haven't filed their aq with me .... still thats [problem]

 

By the sound of it, you could of sold tickets to attend eh?

 

Good Luck

 

Innocent

[GaryH]

Pen,

 

Sent again last night..... Pleaseeeeeeee say you received it this time?!!!!

 

If not we've got a bit of a problem!

[Pen]

Hi Gary just checked NO EMAIL I will PM wou with another adress Pen

 

 

Ok I have done it new email address in your mail box. keep smiling

[Pen]

Thanks inocent, who needs the liverpool Game, this is much more enjoyable. thanks everyone

pen

[Josie8]

Good luck Pen have read your thread with interest....its great to see everybody pulling together - the unity shown on this site should worry the MIB......

[Pen]

Dam dam Dam, I really do need to rush off or i am going to be late, Gary after sending you my new email address i thought i would check my llloyds account, they have deposited £3,013 into my account, thats less then half the amount I think it was £6,800 plus court fees which would have made it 7k something, I know I got the court fees refunded but they don't know that so not happy with what they have done also if i was negoiating I wanted to negotiate the pay the next claim which is in june, I will still call the court this afternoon see what the judge has done.

Pen

[daisy_bumbleroot]

Dam dam Dam, I really do need to rush off or i am going to be late, Gary after sending you my new email address i thought i would check my llloyds account, they have deposited £3,013 into my account, thats less then half the amount I think it was £6,800 plus court fees which would have made it 7k something, I know I got the court fees refunded but they don't know that so not happy with what they have done also if i was negoiating I wanted to negotiate the pay the next claim which is in june, I will still call the court this afternoon see what the judge has done.

Pen

Your half way there...!??!?!?!!!!

[empowered]

Ooh, looks as though they are caving! A little word in their ears and you may not have to attend on Wednesday?

[Kazzie]

Just suscribing. Have been following your thread and wanted to wish you the best of luck for tomorrow

[remus]

Oh Pen, its starting to fall into place, just get the rest wrapped up, you're on a winner.

So pleased for you after you're your long slog.

Fingers etc still crossed

[photoman]

Don't want to necessarily put a negative spin on this but.....

 

The deposit into your account is a very unsavoury tactic on behalf of the bank.

It is an obvious attempt to divorce the two elements of your claim, ie, the charges claim and the Ci aspect.

When you get into the courtroom on Weds, their first act will be to try to claim that the claim for charges has all actually been settled, then you will just be left to argue the Ci.

 

If you are still intent on claiming the full amount, you should talk to Gary and Elsinore about this, and how to handle it.

 

My own instinct is that the deposit into your account should be brought to the courts attention at your earliest opportunity. You should stipulate that the amount was deposited without prior notice, without your authority, and was not in respect to any agreement between you.

Myself, I would also be inclined to highlight how this should be viewed by the court as an obvious attempt at abusing the course of justice, particularly given how it has been done so near to the trial date.

Also given the fact that you have not recieved any notification, or entered into any agreement as to what the sum is in respect of, and given it's deliberate timing, have you had any opportunity to analyse or consider it. Therefore, it should be requested that it is completely disregarded as having any bearing or consideration on the case before the court on Wednesday.

[GaryH]

Is the amount deposited representitive of the charges + court fee's + 8%?

 

I'll try the other e-mail address now

[Pondfish]

Hi Pen,

 

Just wanted to look in and wish you and Elsinore all the best for tomorrow!

 

Looks like Lloyds have given you something else to think about!

 

Is the 3K the intial charges minus CI?

 

If so, i think Photoman is right in that they are going to contest the CI, claiming they have already settled the charges being claimed.

 

Gary and Elsinore will point you in the right direction for tomorrow... I bet your glad Elsinore is with you now.

 

We will all be routing for you, please let us know how it went when you get back!

 

Got my fins crossed!

 

Pondy

[Pen]

Hi everyone. I am back, sorry I have not been on line.

OK I have checked all my figures and there as follows. Chargers on there own = £3,058.13 however I forgot to add one spreadsheet to the costs on the N1 form so my claim on the N1 is chargers = £2,855.24 on top of that there was £250 courts fees then there would have been a £100 AQ fee so in total £3,155.24 thats without any interest ie no CI or no 8% just pure chargers and court fees. what has been placed into my account is £3,013.00 so I can not understand what they have done also I have had no letters no phone calls nor a explanation as to what this figure represents.

I called the court today re Gary's letter to the court for non compliance to court bundle to see what the judge had decided to do. he has stated that my letter will be discussed at the hearing tomorrow so it is still going ahead. I also asked if they are any other hearings tomorrow for bank chargers and apparently not mine is the only one, is that a good thing or bad thing. the clerk did however say not to worry as the banks have never turned up and so far the judge has always awarded judgment to the claimant. I don't know if that is really true or whether he was just being nice.

OK what do I do know.

[Josie8]

Hi everyone. I am back, sorry I have not been on line.

OK I have checked all my figures and there as follows. Chargers on there own = £3,058.13 however I forgot to add one spreadsheet to the costs on the N1 form so my claim on the N1 is chargers = £2,855.24 on top of that there was £250 courts fees then there would have been a £100 AQ fee so in total £3,155.24 thats without any interest ie no CI or no 8% just pure chargers and court fees. what has been placed into my account is £3,013.00 so I can not understand what they have done also I have had no letters no phone calls nor a explanation as to what this figure represents.

I called the court today re Gary's letter to the court for non compliance to court bundle to see what the judge had decided to do. he has stated that my letter will be discussed at the hearing tomorrow so it is still going ahead. I also asked if they are any other hearings tomorrow for bank chargers and apparently not mine is the only one, is that a good thing or bad thing. the clerk did however say not to worry as the banks have never turned up and so far the judge has always awarded judgment to the claimant. I don't know if that is really true or whether he was just being nice.

OK what do I do know.

 

Well I guess you will have to turn up and collect your money..............seriously though it should be ok. As to the bundle not arriving I was in a big one at the Royal Courts of Justice as a LIP with several different hearings at different stages and the others side legal team handed me on 3 different occasions the bundle minutes before going in and seemed to get away with it ( apart from the last time when the trial was adjourned for 4 hours for me to read the bundle) - so don't be too suprised if they get away with a smack on their wrists.................if they turn up ..................... :D

[Pen]

Thanks for that josie

[LISAM696969]

Good luck for tomorrow , hope it go's ok ,and hope everybody else's does too , lisa

[darling1]

Hi Pen

As I PM'd you. You have nothing to loose now, they have deliberately paid at the last moment (again) wasted court time(again) and paid up a random amount (again).

The clerk at the court was being a bit optomistic whan he said the banks never turn up...Sc&m sent a barrister to my case and obviously josie8, But that does not mean that you will loose. You have all of us on your side,

wishing you all the very very best for tomorrow. I will be at the hairdressers whilst you are at court!! Its a long job - grey bits to cover etc!!! So I have instructed OH to keep an eye on your thread, and to ring me ASAP when he hears....I am willing you a bigger WIN:razz:

Darling1 x

[GaryH]

Ok, this puts a new dimension on it then.

 

You've got a perfectly legitimate reason to go to court tomorrow becouse the amounts are not correct even minus the CI.

 

They clearly don't fancy defending the charges then, which wasn't entirely unexpected.

 

Expect the barrister to be there tomorrow anyway.

 

Clearly now they have indicated they want to settle, which is fine, so all there is to do tomorrow is to iron out the final amount. As it stands they have paid you no interest at all. Invite the court to consider awarding you contractual interest but as we have discussed before I believe its highly unlikely that any court would award it. Certainly no harm in trying though - especially if you set out good arguments - becouse as above you have a legitimate reason to attend anyway. If you have to settle with 8% then so be it.

 

I think, as PM said above, you need to really go for the jugular on the abuse of process issue.

 

Once again, they have behaved absolutely disgracefully and I think you need to make a case for costs on unreasonable conduct grounds. They could have settled this months ago but they have chosen to put you through all this only to dump a sum of money in your account completely unnanounced the day before court. By all means tell the judge your circumstances and the trouble you've had with them, as long as you are comfortable in doing so.

 

So;

 

1) Take your schedules so you can iron out the figures. Tot up the amount in charges, fee's, 8% interest and CI seperately, so the judge can clearly see what you are claiming for. Settle on an amount no less than all the charges + 8% + fee's (did'nt you get a remission though?)

 

2) Make a case for CI, but be prepared to settle for 8%.

 

3) Invite the court to consider a claim for costs on the grounds of unreasonable conduct. Tot up a schedule of costs based on time spent on the claim at 9.25p/h. Include any receipts for stationary if you have them.

 

I've got a costs application which I'll send to you which can form the basis of your case for costs. I'll e-mail it to you.

 

IMHO there is little point in refusing the settlement, keeping the claim intact and going for judgement on the lot.

 

Any questions?