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    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
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    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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whoareya -vs- Lloyds Tsb


whoareya
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Bit late adding this thread but the story in brief so far

 

07-07-06 Sent Lloyds SAR request

 

18-08-06 Sent Lloyds Request for refund

 

06-09-06 Standard refusal received

 

11-09-06 Sent Lloyds Threatening court

 

20-09-06 Standard refusal received again

 

30-10-06 Claim issued, deemed to be served on the 4 November

 

02 November - Notice that Acknowledgement of Service has been filed

Defendant has 28 days to file a defence

Sechlari Clark and Mitchel Solicitors

 

With interests and costs I am claiming for £3k

 

Any help or advice at this stage would be great

 

 

Updated post with dates of correspondence

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Keep an eye on the dates and click judgment when the time comes if your lucky :-)

Lloyd's wait till last minute with everything.

unless you get something unusual in the defense it should roll on as other claims and hopefully with an offer at about 6 weeks after money claim.

BL:)

  • Haha 1
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I'm a bit confused with your timeline, have you received a court date before your allocation questionaires have been exchanged?

I'm not legally offay but most of us didn't get the court date till much later..

  • Haha 1

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Question, been reading about AQ form - what is this? and should I do anything at the moment, or just wait?

 

Hi

It's the Allocation Questionnaire, you will get one to fill in when LTSB enter a defence. It's straightforward enough:

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

 

Good luck!

Barty :)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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I'm a bit confused with your timeline, have you received a court date before your allocation questionaires have been exchanged?

I'm not legally offay but most of us didn't get the court date till much later..

 

No I have not received a court date. The date I have put is reference to when I filed the claim/MCOL accepted it and the other date is when Lloyds TSB solicitors acknowledged it.

 

In my further post I wrote 30th being Judgement day, this is 28 days after the claim is acknowledged, meaning if Lloyds don't come back with a defence, their ass's are mine!!

 

 

 

 

30th is not far away now (one week). Getting nervous/excited. Excited because I want to click case closed with Lloyds offering no defence but I know they will defend at the last moment, they are just lulling me into a false sense of security

 

 

PS. received a letter from BCS Bank Charge Something or other. ''further to our conversation.....''

I've never spoken to them, and they want to reclaim charges, offering to levy 40% of my charges for their services..... 40% ouch!

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I'm a bit confused with your timeline, have you received a court date before your allocation questionaires have been exchanged?

I'm not legally offay but most of us didn't get the court date till much later..

 

Just reading your time line, very interesting as you are playing hard ball.

 

 

What does SCM mean, I assume this is Scholari and Mitchell and also what does 'how' mean?

 

And is there any updates from your case, or even a post I can read up on

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Hi

SCM is Sechiari, Clark & Mitchell, Lloyd TSB's Solicitors.

Freebird's thread is below, she won :D , have a read, it's a long one!

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/16906-freebirds-flight-path-soaring.html

 

Good luck!

Barty:)

  • Haha 1

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Hello Boys and Girls

 

Well the 30th is just two days away, if that date comes without receiving a defence I will be able to start judgement, what do you think my chances are for getting that?

 

Does that happen a lot?

From what I have read Lloyds and SCM are the worst

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I guessed as much to be honest but that said they have until tomorrow...

 

However I have just thought, MCOL says 28 days, does that mean I can start judgement on the morning of the 28th day or have SCM got until close of business on the 28th day.

 

Clutching at straws I know but hey, we're talking about £3k

 

Next I am taking on the mighty Barclays for a grand, they've offered £500 as a courtesy payment but I've refused and when I have money (ie first payday after Christmas or this Lloyds settlement - which ever is soonest) I am going to MCOL

 

I am half thinking about getting a third party to do the honours for me, this company in particular offer their services for only the interest - which in this case is only about £100. Any thoughts.

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"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"

 

 

 

!!!!!!Bugger!!!!!!

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I am half thinking about getting a third party to do the honours for me, this company in particular offer their services for only the interest - which in this case is only about £100. Any thoughts.

 

Ignore this, in my utter disgust of Lloyds putting up a defence to my claim, I have counted my pennies and decided to take on Barclays myself. Creating a new thread and bringin them down

 

Damn you Lloyds and Barclays !!!Shakes fist!!!

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Hya, I'm glad you're not paying anyone to take your claims on..YOU CAN do it.......

You'll get support on here and if you get stuck just holla

Yes SCM are Lloyds solicitors

and "how" do you mean when I write " and how" ? if yes, it's just an expression of how much.......as in what it took to win or how difficult it was.

like I won and how !

good luck

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Hello Boys and Girls, got my AQ through today, read through the defence, it reels offs at least 10 points, but the first point reads my claim is embarrassing, I have this type of response before on some posts, what I am to do now.

 

I'll post the points of the defence tomorrow when I am at work

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Ok here goes

1. The defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank at all material times.

2. This defence is served without prejudice to the defendant’s contention that the statement of the claim is insufficiently particularised and is embarrassing. The defendant reserves the right please further to the statement of claim once are sufficiently particularised.

3. The defendant will object that the particulars of claim in this action disclose no reasonable cause of action against the defendant and makes no allegations the defendant as to why the defendant should be liable to the claimant for the amount claimed.

4. The particulars of claim do not comply with the Civil Procedure Rules (stylised particulars do not constitute compliance) as (amongst other things) it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts and they do not fully identify the account in question that appears to form the subject matter of these proceedings or indeed show how the of £2,916.24 is arrived at and the Particulars of Claim are too vague. The Statement of Claim shows no reasonable grounds for bringing the claim.

5. The Claimant should, therefore, be ordered to amend r substitute it’s particulars of claim setting out the claimants’ case in plain English and to set out the basis in law and fact for his claim as there is no pleaded basis for the claim itself. The Claimant should give full particulars of the bank account and the charges he is seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in each case he alleges it is a disproportionate penalty and thus unlawful.

6. The defendant should then be given permission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in Plain English.

7. In any event, the Claimant’s cause of action accrued more than six years prior to the date of commencement of these proceedings, namely on the 30th October 2006. The claim in part is, therefore, barred by Section 5 of the Limitation Act 1980, as amended.

8. For the avoidance of doubt, by opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank’s charges, currently in a leaflet guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing;

- cheques

- bank statements

- the facility to make payments by direct debit and standing order

- debit cards

- ATM’s (cash machines)

9. By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing or direct debit, the customer makes a request for a payment to be made from the Bank’s own funds. If the Bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Banks explains that there are normally no charges for everyday banking at Lloyds TSB when your account is in credit. When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply. If you want to use a service that we haven’t listed, we’ll tell you the cost of that service before you give us the go-ahead.

10. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank’s loss.

11. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month’s statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the Bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

12. The charges are fair and reasonable, and it is denied that they are unlawful.

13. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by the customer for a service provided by the Bank, and pursuant to Regulation 6 of the Unfair Term in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.

14. In the premises

14.1 The charges are for banking services, and are not damages nor a penalty;

14.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable;

14.3 it is denied that the charges are unlawful or contravene any statute or regulation.

15. The Claimants claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank.

Most of this reads like twoddle, the same old same old. But I am concerned with a couple of things.

Point number 7. It is possible I have claimed for more than six years, I will have to check that.

I also did not send a breakdown of charges to Court at the time of application, I note people did this as well as send the bank the list of charges. I did neither.

Can I now just send a reply to the AQ, and attach an amended version of the breakdown, minus the charges older than six years.

This of course will mean the amount I am claiming for is less

Is this a big problem? :| :|

Any help gratefully received

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Handed my AQ today, walked it into the court. The person behind the counter said 'ooh look another one' I take it they're inundated

Turns out I have claimed for longer than 6 years, not too fussed and have carried on regardless, as the bank just wanted this figure to be struck out. Which is fine.

However how I am not sure why we can't claim for longer than 6 years. I have attached a schedule of charges and made the comment I have sent this twice already

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  • 3 weeks later...
  • 2 weeks later...

Got a couple of questions if someone could be so kind and answer for me:

 

How long does it take to get a hearing date?

 

I would like to get a heads up for the next stage, what am I going to need to prepare myself?

 

I don't understand why these banks don't just pay, its costing them even more making us go through the courts, in interest fees and court fees. Why don't they just eat humble pie?

 

Do cases get struck out? Presumably they must do

If thats the case, can you resubmit your claim, as I am under the impression a case hasn't gone to court yet.

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Hi

It all depends on how busy your local Court is to when your Hearing date will be, you could try giving them a ring, I've always found them quite helpful.

Don't know about the cases being struck out part though sorry.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Phoned the court - the prelim hearing date is 27th April at 14.30

 

I confirmed what this actually entails and aparently it's a five minute dicussion with the judge to see what will happen next with my claim

 

I'm going to phone SCM and give them a chance to give up, no harm trying

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