whoareya -vs- Lloyds Tsb

[whoareya]

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

[breadline]

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:)

[whoareya]

30-11-06 Judgement day (ohhh has a nice ring to it) Will stay up the night before and click on Judgement at 12.01am if I have to.

[whoareya]

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

[freebird]

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..

[BARTY]

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

[whoareya]

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!

[whoareya]

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

[BARTY]

Hi

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

Freebird's thread is below, she won , 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:)

[whoareya]

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

[BARTY]

Hi

They usually file a defence right at the last minute, so don't build your hopes up!

Barty:)

[whoareya]

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.

[whoareya]

"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!!!!!!

[whoareya]

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!!!

[freebird]

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

[whoareya]

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

[BARTY]

Hi

Have a look at this:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html

 

 

Barty:)

[whoareya]

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

[whoareya]

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

[whoareya]

Received the copy of the AQ from SCM.

 

Everything is standard, but interesting points are

 

Settlement (request for extended time): NO

Witnesses: 1

Further information: The Defendant intends to rely upon its defence and the terms and conditions that govern the account

[whoareya]

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.

[BARTY]

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:)

[whoareya]

Thanks Barty, I'll give them a call

 

Can anyone tell me what I need to do for the next phase please.

[whoareya]

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

[whoareya]

Anyone got the telephone number for SC(u)M?