Court claim from Lowells for Lloyds overdraft

[slick132]

Hi Aterlatus - responding to your Report asking for help.

 

As this is an Allocation Hearing and you've not been told to File and Serve anything beforehand, there's no need to send SC&M anything just now.

 

Looking through your thread, I didn't see mention made at the AQ stage of the site's Draft Directions. I'm sure you included this with the AQ but, if not, see here and print off 3 copies to take to court - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html. It will help your case if the Judge adopts the Draft Directions.

 

You've already got the Allocation Hearing Witness Statement ready so have 3 copies of that too.

 

You could also print off and take 3 copies of this - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115276-skeleton-argument-stay-hearing.html. Make sure you're familiar with how and why you're asking for the case NOT to be Stayed.

 

It looks like you had the Hardship element covered in the AQ - have you completed the I&E sheet ready to take (3 copies). Perhaps a sheet showing your current standing re debts generally to confirm beyond your I&E that you are struggling under a burden of debt.

 

Finally, print off (3 copies of) the Hardship Waiver statement from July 2007 and the subsequent OFT state't about the continuation agreement re Waivers.

 

As there's only 10 mins scheduled, you may only get a brief opportunity to present your case so have some bullet points prepared to support your case's merits. Hope it goes well for you.

[slick132]

Managed to find the FSA Press Release of 21st July 2008. Sections 19 and 20 and Annex 2 may be useful - http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf

[slick132]

This is the original FSA announcement of 27th July 2007 Waiver where Hardship is mentioned - FSA grants waiver to firms on complaints handling

 

and this is the 21st July 2008 continuation - FSA grants new waiver to firms on complaints handling

[slick132]

Lol,

 

Didn't help that I was hunting for OFT stuff when it's the FSA giving out the statements.

 

Oh....Wear a suit, or at least a shirt and tie. Be respectful and call the Judge sir or madam. Speak slowly and loudly when required and don't get angry or intimidated. (Apologies if any of this is stating the obvious but some peeps don't know what to do or expect. )

 

Hope it goes well for you tomorrow and good luck.

Edited September 11, 2008 by slick132
add'n

[slick132]

Sorry to hear this but it comes as no surprise.

 

I'd defo try FOS route if you've read the Waiver state's and think you tick the right boxes.

[slick132]

The courts last order should specify who is supposed to do what.

 

I'd expect the court to extend the Stay on it's own initiative giving interested parties leave to objecting if they wanted. But I don't see any merit in objecting whilst the OFT case is unresolved.

 

Maybe a quick letter in reply to the threatened Default reminding the bank of their obligations whilst the test case in ongoing.

 

Also, see here - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html#post1581179

[slick132]

The OFT test case ruling from the Supreme Court went in the banks' favour.

 

The only way forward with current a/c bank charges is if the bank has treated you unfairly in some specific way(s) or they have made errors in the handling of your a/c.

 

You may still try reclaiming charges if you fall into the Financial Hardship category. Read more on this in the Article in the Bank Template Library.

 

[slick132]

Hi Ater,

 

To my knowledge, there's been no recent success in reclaiming bank charges.

 

I see no point in challenging the application to Strike Out. This leaves you with the possibility of costs against you so you may want to contact the sol'rs acting for the bank to see if they will agree to let you discontinue without costs. See what they say.

 

You should also consider your position about repaying the remaining o/d. Perhaps, if you can't repay it, put together a Budget Planner to show what you can afford to pay the bank. This will show in your favour if they consider court action against you for the o/d.

 

8-)