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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Tripledrop Vs Lloyds

Tripledrop

By Tripledrop
in Lloyds Bank

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Tripledrop

Tripledrop

Posted
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Posted

Ok, they've entered a defence:

 

"Defence

 

 

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."

 

EDIT: What happens now?

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GaryH

GaryH

Posted
Posted

You will receive a copy of Lloyds defence, plus an allocation questionnaire. This will need to be completed and sent back to the court, and there are guide notes in the templates to help you.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Tripledrop

Tripledrop

Posted
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Posted

I have just filled in my Allocation Questionnaire for my claim against Lloyds...

 

I've noticed that people who have won have had the money transferred (sometimes without notification) into their Lloyds account...

 

I recently closed my Lloyds account as I'm in a debt management plan and they were taking payments for my Lloyds credit card directly from my overdraft. Will this cause a problem? They won't put the money on my credit card will they?

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GaryH

GaryH

Posted
Posted

Not sure whether they'd take it off your CC balance or not, although I very much doubt it - if thats not the account your claiming on its not relevant to your claim. When the time comes for them to offer you a settlement, specify that the money has to be in the form of a cheque. I'm in the same position too, I closed my Lloyds account a couple of weeks back.

Please remember to DONATE! Help CAG keep up the fight!

 

 

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GaryH

GaryH

Posted
Posted

To be honest, I would'nt worry. You are under no obligation to serve a copy of your AQ to the other side, although it is considered 'good practise'.

 

Have they requested a month for settlement in section A? If so, send this to SC&M and a copy to the court; http://www.consumeractiongroup.co.uk/forum/lloyds-bank/12728-rinch05-lloyds-4.html#post369418

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Tripledrop

Tripledrop

Posted
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Posted

I was sent a letter by SC&M dated the 7/3/7, advising that Lloyds had decided to settle my case, and that I'd receive a cheque for the full amount within 7 - 10 working days.

 

On the 11th working day, I contacted SC&M to advise not received... They said to wait until friday (just gone) and if it still hadn't arrived, they would re-issue a cheque (which would again take 7 - 10 working days to arrive).

 

I called them on Friday, and nobody got back to me. The court date is today, so I intend to attend (2pm), and just hope that if they turn up, I'm not too ill-prepared!

 

Any advice at all?

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Glenn UK

Glenn UK

Posted
Posted

Personally i would attend and speak with the court.

 

Its too late not too attend now imho bearing in miond that you dont have the cheque.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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GaryH

GaryH

Posted
Posted

Yes, I'm with Glenn. You should attend court.

 

SC&M will have faxed the court a copy of the letter they sent you. Tell the judge you've not received any payment and request a 14 day adjournment for them to cough up.

 

Also, make sure you request your costs of max. £50 for loss of earnings + travel expenses. If I were you I'd also request full costs of £9.25 per hour spent on the case, on the grounds that the defendant has behaved unreasonably. You've a very good chance of getting it I'd have thought. See this thread, about 3/4 of the way down - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Glenn UK

Glenn UK

Posted
Posted

No don't request and adjournment just turn up take your correspondence to the court and explain to the judge whats going on.

 

Explain that despite several follow ups on your part they still haven't paid.

 

He/she will likely direct you, point out how peed off they are at the banks behaviour and ask if you have costs.

 

If the don't ask about costs you can ask bearing in ind all the trouble you have had to go to because of the banks inefficiencies.

 

HTH

 

Glenn

 

PS don't worry the judge wont be mad at you and will in all probability be annoyed at the banks.

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Gooders

Gooders

Posted
Posted

Hey Tripledrop,

 

IMO you have already won as they have offered you a full refund so no need to go down the default route yet.

 

I would do as Glen suggests

Tell the judge you've not received any payment and request a 14 day adjournment for them to cough up.
shows how understanding you are:rolleyes:

 

I would also take particular notice of his advice

make sure you request your costs of max. £50 for loss of earnings + travel expenses. If I were you I'd also request full costs of £9.25 per hour spent on the case, on the grounds that the defendant has behaved unreasonably
If they do not attend they cannot argue against this!!!!

 

Make sure you get what you are entitled to. Show the judge your offer letter and explain what lengths you have gone to already to resolve this matter and the unreasonable delaying tactics enployed by these gits. The extra money could mean a nice meal out with some bubbly to toast your sucess!!!:D

 

Gooders

If I have helped tip my scales:)

 

I am not a legal eagle, professional accountant, [problem] artist or axe murder so please bear in mind that my advice is just that advice from someone in the same boat as you.......

Claims:

Lloyds TSB Acct 1 - S.A.R - (Subject Access Request)'d/Statements received/£2500ish to be claimed + contractual interest

Lloyds TSB Acct 2 - *WON* over £5K won with compond CI at 28.9%

Lloyds TSB PPI *WON* - CCA'd/They cant find agreement/£2650 awarded

Halifax TSB Closed account issues*WON* - £610 in compensation for an account closed with £10 in it!

Student Loans - 20 Feb 07 CCA'd/on back burner for now

 

Hmmm seems Im on the right end of winning, God that feels GOOD!

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GaryH

GaryH

Posted
Posted

No, you would'nt necessarily win by default - usually if the defendant doesn't turn up the claim is heard on your evidance only. However, they've already indicated they will settle so the judge will 99.9% accept this and adjourn to dot the i's and cross the t's - an adjornment would be standard procedure in instances such as this.

 

£50 max for travel and £50 max for loss of earnings is allowed for attending a hearing in small claims track cases - I don't think that you need to prove this with receipts of anything like that, or at least I've never had to anyway. That said it would obviously be better if you did.

 

Seperately from the above, on the grounds of unreasonable conduct you could also request your entire case preparation costs at £9.25 per hour. It would be advisable to draw up a breakdown of costs and present them to the judge and request he orders them - the basis for the unreasonable behaviour is set out and explained in the link I posted for you.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Glenn UK

Glenn UK

Posted
Posted

As per Garys suggesting about preparing a schedule of costs, there is a link posted on my thread Glenn Vs Abbey around page 18 i think with a copy of mine if it helps.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Glenn UK

Glenn UK

Posted
Posted

you dont need luck

 

have a good time and dont be nervous.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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GaryH

GaryH

Posted
Posted

You'll be fine;)

 

Let us know how it goes.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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