Hudu V Lloyds (Getting Money Back)

[TANZARELLI]

Just under six grand - the (edit) gits. Less the 750 'part-settlement' i enjoyed over xmas.

 

Its not til you see it all written down in front of you that you realise how bad it got. Some months there were nearly 400 quid in charges - ended up taking loans to pay back lloyds what was really legally mine.

 

You got a court date yet mate? Think we're around the same stage...

 

Moderated ... potentially libelous

 

 

Don't ask ive had a nightmare with this one. Firtly looked on MCOL before christmas and saw that my claim had been suspended, due to the fact that I had stupidly made a technical error and added the defendants name and tha claimants name as Llods TSB. This meant I had to re-file. I am still waiting to get the refund from MCOL but they wont give it to me at moment, so was actually thinking of filing a claim against them. But I think thats in hand now. Also because I had to re-file and because Lloyds had refunded me partial settlement of £750 like yourself before xmas, this meant i had to adjust my claim total and my POC before refiling. Just been one thing after another on this one and was determined not to make any mistakes on this one. But will now not ever use MCOL as all mistakes I have had with claims have been with this. Its N1's for me from now on, all the way.

 

6k that'll be nice when its paid up.

[Myphisto]

Hudu,

 

My sentiments exactly, I had no idea how bad it had got as I was scared to open the bank statements each month and generally didn't. I was pumping money into my account and it was being swallowed up by charges which was putting me overdrawn again, I managed to break that cycle a year ago fortunately. I remember the robbing gits removing my overdraft without notification just after a payday which left me literally no money for a well earned three week break. They must know how much heartbreak and sorrow they have caused us all over the years.

 

Like yourself, my claim is a fraction under £6000 and I'm just waiting for my 15 mins of fame in court.

 

Good luck with your process.

[TANZARELLI]

Hudu,

 

My sentiments exactly, I had no idea how bad it had got as I was scared to open the bank statements each month and generally didn't. I was pumping money into my account and it was being swallowed up by charges which was putting me overdrawn again, I managed to break that cycle a year ago fortunately. I remember the robbing gits removing my overdraft without notification just after a payday which left me literally no money for a well earned three week break. They must know how much heartbreak and sorrow they have caused us all over the years.

 

Like yourself, my claim is a fraction under £6000 and I'm just waiting for my 15 mins of fame in court.

 

Good luck with your process.

 

Well dont look forward to it too much as it will never happen, they will settle prior to this, and like I mentioned 6k is a tidy sum. Thats two people where I could come to for a loan in the future. lol

[hudu]

Tanz...i very nearly did the same myself mate! Wasn't til i saw this today i spotted it!

 

Keep at it...it will be worth it as you know.

 

And to MyPhisto..what stage are you at? Couldn't find your thread. If you need any help and its a bit I've been through - just shout ok?

 

We'll sort Tanz's loan out in a couple of months i hope.

 

I am now officially in litigation - MCOL claim submitted today after 3 days of swotting up and reading.

[hudu]

*off topic* Thankyou mystery mod. I shall be more careful in future.

 

Oops.

[TANZARELLI]

Fair play, I had one of those admin moments the other week, and it was nothing libalous as was posting to my misses. lol

 

Tanz

[Myphisto]

Thanks for the offer of help.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/45908-hicks-lloyds.html

 

I need to call the call today to see if the clerk has referred this to the district judge as he suggested.

 

I guess it's hurry up and wait after that!

[hudu]

Notice of Issue arrived today.

 

Will be deemed to be served on the 17th Jan 2007 giving the defendant til 31st January 2007.

 

Still nothing back under the SAR..time is running out on that - so at the moment my claim is still for 5 years worth of charges I can access.

[blueskies]

*off topic* Thankyou mystery mod. I shall be more careful in future.

 

Oops.

 

For your information you can find out which moderator has edited your post by checking the bottom of the post. In your case it was mjanet

 

Last edited by mjanet : 11th January 2007 at 16:24.

[hudu]

Thanks Blueskies.

 

Update time.

 

Acknowledgement of Service has been filed (18th Jan 2007)

 

Defendant now has 28 days to file a defence.

 

Am I now to prepare my court bundle?

[BARTY]

Hi

I wouldn't start printing it just yet, wait until you get a court date. I'd have a look at it though, and get yourself familiar with what it's about.

Barty:)

[hudu]

Been doing a fair bit of that.

 

Just got back from a few days away and returned to a last minute response to my SAR. Very tatty and badly copied - and I swear they have shuffled it out of order like a pack of cards.

 

Anyway...I shall be totting the extra charges from the 5-6 years ago period and Shall then write a letter to SCM asking politely that if they pay my claim that is at court stage now promptly I shall not chase them in a seperate claim for the extra year.

 

Maybe i am too nice.

[hudu]

Hmmmmmm

 

The year 2000-2001 I have 546.48 in charges. With interest for a court claim that is £793.93

I'm thinking seperate and fresh claim now. Could be a useful bargaining tool either way.

Any advice?

[GaryH]

If it were me, I'd get it added to this claim. You can do this by making an application for an amendment on an N244 form. The perfect time for this would be to hand the application in with your AQ. This would cost you £35 though.

 

Starting a seperate claim now is not really an option. Your only supposed to have 1 claim running per account at any one time. If you don't want to make an application then your best bet is to wait untill this claim is settled and then start again.

[hudu]

Thanks Gary.

 

Would that effect the claim in any other way than which track it is allocated to?

 

I did put in my LBA that I would pursue this extra year from Lloyds once I had a respnse from my SAR (which they dragged to the last day), so it should still look ok with the judge, should it get that far.

[GaryH]

Ahh, yes, now thats a good point. I've only just read back through and the claim just creeps under the 5k threshold doesn't it? If so, you may as well leave it now untill this ones finished with. To increase the value to over 5k would put you in fast track territory. The costs risks are minimal IMO - miniscule even - but best to have no risk at all I suppose.

[hudu]

What would happen with the timescales though? Obviously if I hang on for 5 months say (not that it should be that long now, i hope) - then can i only claim back that amount less the 5 months that has since become outside the 6 year remit?

 

 

 

If you get what I mean?

[GaryH]

Oh yes, another good point. All things considered then, I think what I'd do personally is make an application to amend, even if it means allocation to the fast track. Remember that for there to be any costs implications, you'd first have to get inside the court (v. unlikely), then lose (v. unlikely), then the judge would have to order costs against you. As a litigant in person against a multi national financial institution this is hard to envisage, even if it were to get to that point. Plus, the chances of the claim getting to court are greatly reduced in the first place by the fact that there's an avalibilty of disclosure in the fast track.

[hudu]

Will consider that at the next juncture then...which is today - as Lloyds defence and the AQ have arrived.

[hudu]

Imminent house move has slowed me down of late...but it is back to the battle.

 

just a bit stumped as to this part of the AQ...

 

Quote:

Have you made any application(s) in this claim?

It is important for the court to know if you have already made any applications in the claim, what they are for and when they will be heard. The outcome of the applications may affect the case management directions the court gives.

Unless you know otherwise, there are no applications - TICK NO

What exactly is meant by 'applications'?

I need some jargon-busting help.

[GuidoT]

Application for say Summary Judgement, to amend you claim etc. You should know if you have made any - do not be too concerned about it.

 

In case you are not aware, these links should be helpful when completing your AQ:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

[hudu]

Cheers guidoT, the bit I pasted in above is actually from Allocation Questionnaires - A guide to completion

 

...just wasn't sure what that specific term meant.

 

I've had a 750 pound payment from lloyds at an earlier stage, would that be considered an 'application?'

[GuidoT]

No, the £750 is not an application.

[hudu]

Cheers my friend

 

I'm just going to nip off and watch KAZZAWs Watchdog appearance on my TV on demand, before i fill my head any more on AQs.

 

Back soon with more confused questions...

[hudu]

I could do with a bit of AQ advice if anyone can help me?

 

Firstly, right at the start of the form (N150 by the way), it asks 'Have you sent a copy of this form to the other party?' yes/no

 

Is it advised to send one and tick yes?

 

Secondly, Section C (Witnesses) - I have put my own name obviously, but it asks "witness to which facts'?.

 

What do i add in there?

 

And thirdly, Section F. (Directions) - Ihave ticked 'yes' for 'Have you attached a list of directions' ...but it then asks "If YES, have they been agreed with the other party?"

 

Do they need to be agreed? Or shall i just tick NO?

 

Quick response needed as I have to hand this in tomorrow at the court. Thanks in advance.