Lloyds tsb have filed a defence ***WON***

[babylovejjmc]

Sorry, I forgot to put...SCM seem to be ticking no on AQ to buy them more ridiculous time by the looks of things on other threads but they are still paying up in the end despite ticking this box, just eases pressure of them it seems.

 

Another good reason to get a copy of their AQ, so you know what rubbish they put on theirs.

[Michael Browne]

This should do the job:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[jo1006]

Thanks for your words of encouragement. We too have read loads of threads but sometimes it seems that all the words mesh together!!:o

 

As for buying more time. We continue to wait....patiently.

We will have a good (if somewhat skint)Christmas, and the same to you.

 

Jo and Mick

[jo1006]

Thanks Michael,

that template is a great help. We will be drafting a letter and sending it off tomorrow.

Mick and Jo

[babylovejjmc]

just read a previous post where you say you are unsure about settling in relation to the conditions they may put forward e.g. silencing you about the case.

 

I was worried about this too and found loads of threads, lord knows where so dont ask!, where people have said no to conditions and settlement seems to have taken a week or so more to come through than those who agreed to them, but has always come through.

 

Personally I am going to choose not to accept conditions if asked (if i win which I am determined to do!) but its upto you really, depending on whether you are desperate for the cash or can hold out a couple more weeks. Hope that helped you on that one, sorry im posting loadsa threads, i keep reading more to reply to!!

[GaryH]

Thanks Gary,

you deserve a medal the size of a dustbin lid to put up with us and our worries, but you have been the greatest support we could have wished for. When we feel worried, you reassure us. When we are unsure, you guide us. WHEN we win, it will be partly down to your fantastic advice and guidance. We really resent being referred to as losers, we are far from that, but you just support and give constructive advice, not put us down and make us feel worthless. (were you a schoolteacher in a previous life?)

Thanks again, we will keep you posted.

Jo and Mick:)

 

Thanks:).

 

Schoolteacher? Doubt it! I've been the bane of many a teachers life. I was the kid at school who gave them all nervous breakdowns!

[Michael Browne]

Personally I am going to choose not to accept conditions if asked (if i win which I am determined to do!) but its upto you really, depending on whether you are desperate for the cash or can hold out a couple more weeks

Got one for that too:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement for this claim of bank charges

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

[GaryH]

Just read through Freebirds link. OMG what a rollercoaster journey she went through, but an excellent result in the end.

We just have a couple of questions..should we be contacting [problem] or waiting for a court date? Will they contact us?

No, just wait now. Next you'll get a court date and directions. Again, this is perfectly normal and nothing to worry about. Upon the directions, you'll then have to submit your court bundle.

Will it show willing on our part if we contact them to offer an opportunity to settle out of court or shoudl we just sit tight?

I would'nt recommend it personally. It almost certainly won't get you your settlement any quicker and could even imply that you're not confidant in the strength of your claim.

Also, Barty, you posted saying that [problem]'s new tact is to tick the no box when asking for time to settle..do you have any idea why or what it means?

Nothing to worry about. This is probably as a result of the letter I was recommending people to send to them and the court after they ticked yes on their AQ. It showed up their abuse of the system, as they were asking for a month to settle then not even making contact. In practise, the fact that they do not request the month any more makes no difference whatsoever.

Will we just get a court date soon and should we then contact the solicitors?

Yes you will, no you should'nt - apart from by sending them your court bundle.

If Lloyds TSB do make an offer, do we have to accept it into our LTSB account, bearing in mind that they have defaulted it and are threatening to pass it over to the heavy mob to collect from our kneecaps:-o

You can request a cheque, but they may not take any notice and pay it straight into your account. I'm not sure what the position is legally for insisting on it, I'll try to find out.

Also folks, just a quick aside, LTSB continue to harrass us on a daily basis (over the telephone) to inform us that our account is over the agreed overdraft and threatening US with court action...how very dare they!! when its them set of conniving b****rds that have landed us in the sticky brown stuff in the first place.

Sorry all, but we really appreciate all the guidance and its a great forum for sounding off about the BIG guys who S**t on us little folks from a great height.

Any advice for all of the above, we would really appreciate it.

Mick and Jo:mad:

 

Yes, as MB's post. Also, this may be of use - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/29826-help-enforcement-notice.html. If they are threatening you with a debt collection agency or to close youy account then they are in breach of the banking code if they actually did.

[babylovejjmc]

Just to say thanks michael for the template!

[jo1006]

Hi All,

Middle of the night insomnia here!! Court bundle? What is that?

Also, thanks Gary, if you can find out about whether we can insist on a cheque, we would really appreciate it. If they pay it into our account (which is being handled by CCCS it wont do us any favours)

 

Also, can we insist on Lloyds TSB removing the default notice and cleaning up our credit file as originally stated in our LBA?

 

Going back to bed now, to try to sleep. Long busy day at work tomorrow.

Thanks again all.

Jo (and a sleeping Mick):-|

[GaryH]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

There is about a 50/50 chance of having to submit it I would say. If they have'nt settled before you do though, they will just after. The latest Lloyds settle is on the deadline for submitting their own evidance. In fact, they've never filed a bundle of evidance in one of these claims. I wonder why?

[jo1006]

I've really got the bit between the teeth now. I have just drafted letters to Paragon Finance, Citifinancial, Mint, Capital One and 1st Credit for Mike and Egg for me, asking for list of charges etc. In 40 days and 40 nights we should be off again. Reading other threads, it looks like we'll settle some of these before the buggers at LTSB get their fingers out!!

Thanks all for your support.

Jo:)

[upton11]

go girl!

 

Regards

 

Paula

[corken]

Just received my 'Acknowledgement of Service' letter today saying Lloyds intend to defend. I was a bit worried, but having read these threads I'll just keep going. Is there anything I should do now or do I just wait to hear from them.

[jo1006]

Welcome to our thread Corken.

Keep your chin up!! We've been so damned supported from this amazing brave bunch of people and in turn, we will continue to support you. Keep us informed of your progress. We are all worried, fear of the unknown is expected. We are thinking of you...we will all overcome and have a damn big party in the end!!

 

We've also drafted a letter to Barclaycard..so much credit in so little time..what the effing hell were we thinking of!!!

 

Mick:o and Jo:(

[GaryH]

Woohoo!!!!!! Thats more like it!! Good to see you've got the bit between your teeth again. Get Capitol one off ASAP - they pay more or less after the LBA. Egg are a bit tougher to crack() though.

 

About the cheque payment - ask for it by all means, but don't get your hopes up. I asked around, and the general concensus is that if you owe the bank money that they have a right to pay themselves first. I'm still not sure personally, I'm of the opinion that they took your money with no legal justification and so why should they dictate its method of repayment? Thats JMHO though. Apparently you can insist on the court fee's back directly though.

[matmondez]

Just when u thought Hull was small.

 

Hi Jo

I live nr Cott.

Keep your chin up i know its hard im using a broom handle.

 

Will keep an eye on thread.

 

Think we are only 2 from Hull here.

 

 

Matt

[thenaylortribe]

Hi y'all, I've just spent two hours reading loads of postings on your site and hats off to you!

Mick and Joe have inspired me to continue where I left off a few months ago.

I got to the Letter of Intent for Court Action and LTSB replied saying go ahead.:o

At that point I got scared and dropped it without further communication.

 

My question to you all is can I now continue the process or do I need to start again.?

 

I really don't want to see this bank get away with this and at some point, and it will come, they will just cave in and just pay everybody off!

 

:) Chin up Mick and Joe..I'm watching avidly!!

 

Lee

[thenaylortribe]

Sorry! also forgot to mention that in their final letter ,LTSB invited me to take my business elsewhere if I decided to proceed...does this mean they can close my account or make me move?

 

Lee

[BARTY]

Hi y'all, I've just spent two hours reading loads of postings on your site and hats off to you!

Mick and Joe have inspired me to continue where I left off a few months ago.

I got to the Letter of Intent for Court Action and LTSB replied saying go ahead.:o

At that point I got scared and dropped it without further communication.

 

My question to you all is can I now continue the process or do I need to start again.?

 

I really don't want to see this bank get away with this and at some point, and it will come, they will just cave in and just pay everybody off!

 

:) Chin up Mick and Joe..I'm watching avidly!!

 

 

Hi Lee

Welcome to the Lloyds TSB forum:) You should start up your own thread then we can give you any help and support that you need.

Anyway to answer your questions, if it was several months ago that you send the LBA, I would send that again giving them 14 days to reply, and then begin the Court action.

It is unlikely that they will close your account, but maybe you should open another parachute account elsewhere, just in case.

Good luck!

Barty:)

[jo1006]

Evening everyone,

I fear we have been neglecting our thread today, we've been decorating our little ones room so its nice for Santa!!

Hi Mat, welcome. Its great to see someone else from Hull, but Cott is a bit posher than Sutton!! The broom handle is a good idea for keeping our chin up tho'.

We wish LTSB would close our account, they threatened to about six weeks ago, but my guess is that they're keeping it open so's they can pay themselves and clear some of our overdraft.

 

Sent all the letters to the other companies today, hope they get in touch soon, we are expecting replies by 29th January.07.

 

After a good nights sleep, we are in fight mode now and will not let them get away with taking our hard earned brass!! So everyone who is thinking twice about carrying on...DONT think twice, get on with it..the banks etc, have stolen from you. If someone broke into your home and took your telly, you wouldnt take it lying down would you. No! The same with the banks, they are just a corporate bunch getting fat and gouty (is that a word!!) at our expense.

I only wish I could be the ghost of Christmas Future and pay the chief executive a visit on Christmas Eve. I'd make him shake in his jimjams. He'd be coming round to all our houses on Christmas day with cheques and turkeys for all!!!

Keep smiling folks...we are and its nothing to do with the Christmas booze!!

Jo and Mick:D:D

[jo1006]

Welcome to thenaylortribe too. Get your paperwork in and sit back and read some more threads. The winning ones are really inspiring.

Mick and Jo:)

[jo1006]

Hi all,

Well it's finally arrived.

D day is set for 10th Jan 2007 at 10.30,

just going to sit back and relax,and have a great xmas, now the final hurdle is in sight.

Anyone else got a date yet????

If this goes to plan then we've got another account to sort out, as well as all the credit cards - who knows this time next year we could be millionaires lol- seem to have heard that somewhere before.........

Mick & Jo;)

[GaryH]

What, the court date is set for 10th Jan? The final hearing or a prelim one?

[jo1006]

Hi Gary,

Sorry its set for the 30th not the 10th.

All it says is that the hearing of the claim is set for the above date, so not sure which one - will there be more than one???

Off now to do the wrapping - so have a great xmas

regards

Mick & Jo;)