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Curli v Lloyds TSB ***WON****


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Can anyone tell me what Lloyds are like to deal with when asking for your money back? Abbey fought me every inch of the way for just under £2k but £85 from first direct took less than a week. Do Lloyds generally offer a goodwill payment or is it just a bog off and they don't take anything seriously until you have filed a claim with the court.

 

I am asking as my OH is reluctant to take them on, but since they sent an email saying you can see all statements since 2002 on line I though I would take a little look. OH is slowly coming round now he knows they have taken £800 in the last couple of years:-x

 

Thanks

 

Curli

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Hi

LTSB like to drag things out for as long as possible, there is generally no settlement until near to the Court date, then they offer you the full amount, I haven't read of any "goodwill" payments being offered.

Good luck (and plenty of patience!)

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 am asking as my OH is reluctant to take them on

 

I would urge you to go for it. Its your money that they had no legal right to take. To not claim simply becouse of Lloyds delaying tactics means those tactics will have worked. Thats what they're hoping to acheive, to put people off of claiming. Don't let them win!!!

 

Also, they might stall at every oportunity but they're certainly no 'harder' to claim from. Lloyds charges are just as unlawful as anyone else's and they've paid every single claim so far - which is LOADS! Have a look at the LTSB 'successes' thread for a bit of inspiration. As Barty said, all you need is a bit of patience, and just remember that the longer they stall the more they'll have to pay in interest!

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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I've staretd with Lloyds - my first letter asking for it back has gone recorded today. The total was just over £1100 so that with a bit of interest should pay for our summer hols!

 

Curli

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  • 1 month later...

I am now ready to start filing my claim online, ready to complete on monday (cause it's payday!) but I have a question. As I am claiming from two accounts, one for my OH and one joint one, do I have to do two separate claims?

 

Curli

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There is no reason why you can't combine them, so long as they are both current accounts.

 

You'll have to put it in your OH's name though.

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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  • 1 month later...

I have a question that I hope somone can help with. I did two claims (not sure why not but there must have been a good reason at the time!).

 

Acknowledgement of service was filed on 23 January for both claims but I have only recevied a defence and AQ for one (AQ to be filed by 24/2) - does that mean I might win the other by default?

Thanks

Curli

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If the bank haven't filed a defence withing 28 days of the date of issue, then you can apply for judgement in default, yes.

 

However, even if the judgement is granted, its not quite as simple as that. They could - and probably will - apply for it to be set-aside and be successful in doing so. They could use any excuse such as they did'nt recieve the claim pack, etc, and its highly likely that the court would give them the benefit of the doubt. This means that they would get another chance to file a defence and the only thing thats come from applying for judgement in default is a long delay in the whole process!

 

If they haven't filed at the deadline, send them a letter and warn them that the deadline has expired and that if no defence is filed within 7 days you will have no choice but to file for judgement. If you do this and they ignore it and then apply for a set-aside, the fact that you have given them every opportunity will make it much more likely that the judge will turn down the application.

 

Here's a letter which you can amend to suit;

Sechiari Clark and Mitchell

Department SO

PO Box 499

Lower Ground Floor

1-5 Queen’s Road Quadrant

Brighton

BN1 3XJ

 

[date]

 

Dear Sir/Madam,

 

[You] –v- Lloyds TSB Bank Plc

Claim No: ********

 

I write in relation to the claim as detailed above, in which I am the claimant.

 

The above claim was filed on **/**/** and deemed as served on **/**/**. Upon service of this claim, you responded by filing an acknowledgement of service on **/**/**, stating an intention to defend all of the claim.

 

The deadline for filing your defence expired on **/**/**.

 

Accordingly, I hereby request that you either; file a defence, (or indicate by return that you do intend to do so); or, indicate by return that you intend to settle these matters without need for a hearing.

 

I consider this breach of court deadlines to be particularly unacceptable in view of the fact that you are specialist solicitors representing a large financial institution with vast resources, and feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

 

At this point I also feel it is appropriate to draw your attention to the following Ex Parte order which has, to date, been made in at least six cases identical to my own in Lincoln and Newark County Courts:

IT IS ORDERED THAT

 

"The Court of its own motion is considering striking out the Defence out as an abuse of process on the basis the Defendant is settling all claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.”

 

28 December 2006

 

The Court considered the authority of Mullen -v- Hackney London Borough Council (1997) 2 A11ER 906 as relevant.

 

I will await your prompt response informing me how you intend to proceed. I trust 7 days from the date of this letter is sufficiant. Should you choose to ignore this letter, I will have no choice but to file for judgement by default. Further, should you then subsequantly attempt to set-aside the judgement, such application will be vigorously contested.

 

A copy of this letter has been sent to the court.

 

Yours faithfully

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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  • 1 month later...

Strange tactics from Lloyds (either that or they messed up!) - I used the above letter and heard nothing further from Lloyds/court so I applied for judgment in default on 12 March. I heard nothing else but, having just looked at our account, they have refunded £900.22 which was the full amount of our joint account claim but didn't tell us!

 

As I haven't had a claim go this way can someone confirm if I still need to write to the court to let them know the claim has been settled?

 

Thank you to anyone who has replied/helped in anyway, particulalry GaryH in this case.

 

(Other Lloyds claim for approx £400 waiting for court date)

 

Curli

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Congratulations!!:D :D

Yes you need to let the Courts know, there is a letter in the link below if you need one:

http://www.consumeractiongroup.co.uk/forum/post-487345.html

 

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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Congratulations!!!!!!:-D Great news, well done!

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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