Rachel*H Vs Lloyds TSB

[Rachel*H]

Hi,

 

My progress so far:

 

Initial request for repayment of charges sent back in May this year, was sent my first 'sod-off' letter, with threats to close my current account & withdraw my credit card. This scared me off a bit so i've only just picked it back up again. Last week 19/11, i sent them the LBA giving them 7 days to reply. On saturday (25th), i received a letter saying they are "sorry i have cause for complaint" that they will "investigate" and "reply within 28 days". Not good enough, typical of Lloyds stalling tactics. So, i'm now about to process my MCOL application. Fingers crossed!!

 

Rachel

[BARTY]

Hi Rachel

Good luck with your claim! You are supposed to give them 14 days on the LBA, but as they have replied anyway I don't think that matters now.

Barty:)

[Rachel*H]

Thanks Barty,

 

Not quite sure where i got the 7 days from, oops!

[Rachel*H]

Please help!!

 

Completed & filed my MCOL back at end of Nov/begining of Dec 06, using the template on this site. I've received a letter transfering my case to my local court - fine. LLoyds have entered a defence - fine. Have now got to complete the AQ by 21st Jan - also fine.

 

What i don't understand is why i'm being asked to fork out another £100 to my local court when i've already paid £120 on completion of my MCOL? Also, if this £100 is claim-back-able, do i need to complete an amendment form at a further cost of £35?

 

I am also REALLY confused on how to complete the AQ. I received form N149, but it refers to "information is shown on the Form N152 which came with this quesionnaire" - errr, no i don't think it did? Anyone know what a N152 is and whether it's important?

 

I've also just read the new stratedgey for completing the AQ, & again, confused. GaryH says:

"Well if it were my AQ, I'd attach the draft order to section F, with section H containing; a request for allocation to the small claims track, a time estimate, and a short paragraph/sentance such as "please find attached to section F a draft order containing proposed directions for the courts due consideration."

 

Am i being a numpty here but section F is asking what dates in the next 4 months you may not be available, and section H refers to the fee for filing the questionnaire. ????? Where is this draft order supposed to go?

 

Many thanks

Rach

[barracad]

The £100 is a fee for allocation. Yes you have to pay it and yes you will get it back.

 

There are two versions of the AQ - N149 and the N150, which is why your AQ section F may be different to the section F someone else is referring to.

 

See here for more info: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[Rachel*H]

Ah - that makes more sense.

 

Thank you!

[Rachel*H]

I received a letter from my local court dated 2nd Feb 2007, noting a stay of execution had been granted until 28th Feb - at which point i thought LLoyds might try & contact me to negotiate a settlement.

 

WRONG.

 

Last week I receive a yellow slip of paper through the post - no envelope, nothing, demanding full repayment of my account (which i no longer use as thanks to Lloyds charges i'm way over my overdraft limit). The slip of paper had come from a debt collection company that i'd never heard of - with a contact name & phone number to call.

 

So, i call the number given & tell the guy that my account is in dispute & that i won't be making any repayments on my overdraft until the dispute has been settled. He then informs me that apparently i'm in breach of the 1974 consumer credit act??? Does anyone know why? He then tells me it is because my account is in default, and that because Lloyds have closed my account i will no longer be entitled to re-claim my bank charges. This is where i really need some help:

 

1) LLoyds have NOT informed me that they have closed my account.

 

2)Just because i no longer use this account (to stem the haemorage of monthly charges) are they entitled to close my account without warning?

 

3) I'm not sure how my account can be in "default" - There was never any arrangement with LLoyds TSB with regards to my repayment of my overdraft, therefore no missed repayments???

 

4) I don't understand how i have broken the 1974 consumer credit act by not using my account, how can it default by itself?

 

5) Are they allowed to pass my details on to a debt collection company to demand payment when the account is in a legal dispute?

 

6) Is any of this going to effect my claim?

 

Please can someone help me, I feel totally lost - i've followed the proceedures to letter, but i'm really nervous - can they do this?

 

Many thanks

Rachel

[dpick]

Hi Rachel I am no expert (there are many on these forums how are and will give you the correct information) but it would appear that they are trying to feed you a lot of bull S**T. wait for others to reply with info.

 

With this lot as your post I think it would take a page of A4 to list all the acts they have broken

 

will watch your thread.

 

dpick

[barracad]

Threads merged again - please stick to one thread per claim.

[PeteCC]

Hi, Rachel,

 

From reading this, your account IS in dispute, (naturally), so LTSB and/or DCAs should not be attempting to obtain any payment from you, and an account 'in dispute' should not have been passed to a DCA. If the DCA continue, tell them that this constitutes harassment and you will be seeing THEM in court, too.

 

They can close your account, it's in their terms and conditions, but there certainly should have been some notification as such. (I had a different problem, they wouldn't close my account because I had ongoing charges. Go figure!) And this action is against the BBA Code of Conduct.

 

As far as a default goes, is this an actual 'default' lodged with the Credit Reerence Agencies, or simply the DCA using inflammatory language?

 

Top of my head? You maybe are in breach of the CCA as you are in breach of your contract with LTSB, (the cornerstone of what this site's about), but so what?

 

And as for affecting your claim? An emphatic 'NO!!!!!' And that's the crux of this. Continue as planned. Many of us are claiming/have claimed against closed accounts. It makes absolutely no difference. (Mine was for an account closed 5 years ago, and I got MY money back.)

 

So, tell the DCA to get lost, if they pursue this and try to efect a default against your account, if they haven't already done so, (see above), they will not be allowed to.

 

The banks, and not only LTSB, are using anything they can to prevent/delay claims.

 

Please let us know how you get on, and again, DO NOT WORRY. You really do have right on your side, and 100000+ supporters.

 

Regards,

 

PeteCC

[Rachel*H]

Thank you dpick & PeteCC,

 

I will try & find out if a 'default' has actually been applied to my credit rating or whether this was just a phrase by the debt company. I'm assuming LLoyds should know this?

 

PeteCC - you're information on the DCA was really useful, thank you. I feel reassured that they're not allowed to start harassing me for payment. It's a bit scarey when you have some guy from a DCA on the phone spouting some credit act, telling you you're in breach of it & that it invalidates your entitlement to any legal claim on bank charges! He also suggested that i got myself some formal legal representation as i was unlikely to be successful. Lovely.

 

Do you think it's worth trying to find out exactly when LLoyds instructed the DCA? If it's after i started legal proceedings against Lloyds, can i use it to weight an agruement of harasment against them in court?

 

Many thanks for your help so far,

Rachel

[Rachel*H]

So i finally received a letter last week (but been away from home) from my local court advising that the hearing date has been set for 12th Sept. The usual instructions apply up to this point, but then it asks me for the following BY TOMORROW!! & this is where i need help please:

 

By 4.00pm on 22-Jun-2007 the claimant is to provide the Court and the defendant with a written schedule setting out:-

(a) Each and every charge to which the claim relates (ok - done that bit)

(b) Details of each and every statutory provision, regulation or contract term upon which the claimant relies to demonstrate that the charges should not have been levied by the defendant.(???)

©Details of the facts upon which the claimant relies to demonstrate that the charges are unfair or otherwise wrongfully levied by the defendant.(???)

 

Is this just a different way of asking for:

Schedule

Account statements

Statement of Evidence

Cases & statues????

 

I'm concerned that i don't have a copy of my original contract with the bank & it will therefore invalidate part of the statement of evidence (section 8 ). Any advice on this?

 

& Lastly - i will need to send a copy of this to Lloyds but i've got no idea which address to use, i've had so many responses from different places. I'll need to get this in the recorded delivery today & i'm no where near ready.

 

Please can someone help a damsel in distress????

[Rachel*H]

Sorry to be pushy but i really need some help here & i'm majorly running out of time!!!

 

Anyone??

 

Thanks

[dpick]

So i finally received a letter last week (but been away from home) from my local court advising that the hearing date has been set for 12th Sept. The usual instructions apply up to this point, but then it asks me for the following BY TOMORROW!! & this is where i need help please:

 

By 4.00pm on 22-Jun-2007 the claimant is to provide the Court and the defendant with a written schedule setting out:-

(a) Each and every charge to which the claim relates (ok - done that bit)

(b) Details of each and every statutory provision, regulation or contract term upon which the claimant relies to demonstrate that the charges should not have been levied by the defendant.(???)

©Details of the facts upon which the claimant relies to demonstrate that the charges are unfair or otherwise wrongfully levied by the defendant.(???)

 

Is this just a different way of asking for:

Schedule

Account statements

Statement of Evidence

Cases & statues????

 

I'm concerned that i don't have a copy of my original contract with the bank & it will therefore invalidate part of the statement of evidence (section 8 ). Any advice on this?

 

& Lastly - i will need to send a copy of this to Lloyds but i've got no idea which address to use, i've had so many responses from different places. I'll need to get this in the recorded delivery today & i'm no where near ready.

 

Please can someone help a damsel in distress????

 

Hi I am no expert I won my claim from Halifax without going to court, You could try ringing the court to see if you could get a 7 day stay as you had to be away from home.

 

dpick:p

[Rachel*H]

Thanks dpick, but i Spoke to the court earlier, they can't grant a stay as it wouldn't get heard until next tuesday (which kind of defeats the object as it's got to be in tomorrow).

 

I've put together what i can, i'm really not sure if any of it is correct. I was hoping for some kind of advise & guidence as i'm so stressed about this. Unfortuntely no one's helped. Bit disappointed.

[BARTY]

Hi

This link has details of useful documents:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

You would need to send it to the Solicitors, if it's SC&M the address is:

Sechiari, Clark & Mitchell

Department SO

PO Box 499

Lower Ground Floor

1-5 Queens Road Quadrant

Brighton

East Sussex

BN1 3XJ

 

Hope you get it sorted.

Barty:)

[Rachel*H]

Quick update - my court date is 12th Sept.

 

Sent my bundle off before my hols on 23rd Aug. Heard nothing from SC&M or Lloyds while i was away, no documentation, nothing.

 

Yesterday receive letter from SC&M saying they are applying for a stay - this now seems standard practice according to many other threds i've read.

 

I've penned my reply, just about to send a copy to them & the court but i can't find SC&M's fax number - does any one have it??

 

Any help greatly appreciated.

Many thanks!

[BARTY]

Hi

Here you go:

01273 745356

 

Barty

[Rachel*H]

Thanks for the help with the fax number Barty!

 

I've got my court date tomorrow, fairly nervous, but feeling a lot better after some fantastic advice from Hadyanth.

 

I've done everything i can, so that's it, fingers crossed....

[hadyanth]

You are very welcome Rachel, i wish you the absolute best and I hope that you have good news!

 

Remember that even if the stay is imposed, my case proves that it can be lifted again as the law provides rules that the courts cannot ignore.

 

The Civil Procedure Rules are a godsend as my case shows.

 

Thinking of you today. Good luck

[Rachel*H]

Thanks Hadyanth, I really appreciate the support.

 

It's not good news i'm afraid. The judge ordered a stay until the outcome of the OFT test case. There were two of us with Lloyds cases that were seen together. Firstly, the judge said that the 20 minutes that the court had allotted was not sufficient time to hear each case & that they would take approx an hour so wouldn't have been heard today in any event. (????)

 

The judge went on to pick apart my objection to the stay letter (that i sent after [problem] said they were applying for one on the 1st Sept. He said he "didn't like" the element of my objection to do with Human Rights! Then he said that a lot of the information i had put in my reasoning he had "seen before as it was the kind of thing readily availble on the internet". I felt like saying "with respect, where on earth else was i supposed to do my research?" It seemed like he wasn't prepared to make allowances for the fact that i wasn't a legal expert.

 

Then went on to say that he understood my grounds for wanting the case to be heard quickly, but in the event that the OFT case favoured the banks (which he said seemed likely given that it was "already 2-0 in the banks favour") that the banks could then turn around & re-claim money they paid out on these type of cases. Basically the judge had already made up his mind before we had entered the room. It really didn't matter what i said even the conduct of [problem] & Lloyds with regards to their application of the stay didn't make a jot of differnce to the judge, he didn't want to know. In his view he was doing us a favour by staying the cases. I even asked about him making conditions to the stay ie - that LLoyds wouldn't be allowed to make further charges to the account, but he denied that too.

 

I feel so deflated. What is the point of getting these cases to court for a hearing if the judge is automatically going to stay the cases anyway? I've had to take time off work for this, not to mention the amount of hours i've spent researching & putting it together.

 

I'm fuming!!!!!!!!!!

[hadyanth]

Oh for goodness sake!

 

That judge sounded like he was just fed up with dealing with Bank Charge cases, unfortunately you had the misfortune of getting such a person ruling your case.

 

As for him doing you a favour because the banks may claim back the money paid out... Does that judge honestly think that the high court or House of Lords could withstand an outrage from the public by allowing the banks to recover well in excess of £160,000,000 from the average joes... The government are still licking their wounds after the tax credits fiasco.

 

Don't dwell on this too much as the Judge i saw told me that an appeal could very well go to another judge, and he/she could see this case in a different light. Contact fzrkitty as she is in the process of appealing against the appeal that the bank made for the stay...

 

Even though I have won the judgement I will never underestimate the banks multi-billion £ budget.

 

I'm sorry if I got your hopes up about this - but i was rooting for a decision in your favour this time round.

[fzrkitten]

Hi Rachel/hadyanth,

 

haven't actually appealed/not quite thought about it, not sure if I would be supposed to do it within 7 days, and haven't heard from the court yet with further order. Was waiting advice but no idea whether it is a waste of time, as it's very similar to Rachel's outcome today. It did seem like judge thought he was doing a favour. I just think on your outcome hadyanth and the timing of the stay etc that you said about, I wondered if I could do something. I need to see which track mine get's allocated back to first I think, as if it stays fast track it might be more trouble.

 

Might phone the court and ask tomorrow about appealing against the stay and when I should do it by.

 

Rachel - good luck if you appeal, and sorry for the outcome today:cry:

 

BW, Fzrkitten