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

[rachelandgromit]

I've just done my Allocation Questionnaire too with the template info in Section G. I too have until the 18th December 2006 to return it!!! Do I need to send the list of charges again or just the questionnaire back to the Court?

[GaryH]

Have'nt you got a thread to ask this on? If not, it'd be a good idea to start one as you'd create your own timeline and you could then get help at every step of the way.

 

If you got the standard 9 point defence then no, you don't need to send a schedule with the AQ. If it was the 14 point "claim too vague" one then yes, you may need to. See the sticky thread if thats the case.

[rachelandgromit]

Have'nt you got a thread to ask this on? If not, it'd be a good idea to start one as you'd create your own timeline and you could then get help at every step of the way.

 

If you got the standard 9 point defence then no, you don't need to send a schedule with the AQ. If it was the 14 point "claim too vague" one then yes, you may need to. See the sticky thread if thats the case.

 

Er, thread, timeline? Sorry no I haven't and I'm a bit new to CAG really so I've no idea how to do it. How do I do it???

 

Just checked and I have the standard 9 point defence so I'll send it as it is and wait for the Court date :o

 

Thanks

 

Rachel

[GaryH]

Go here - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/, scroll right down to the bottom of the screen and below the list of threads on the left there is a "new thread" icon. Just click that and give it a title and first post. Simple as that! I'll keep an eye out for it and pop over and say hello.

[rachelandgromit]

Thanks GaryH - I think I've done it! Excited now!

[Exeter]

Hi

 

I have a an N150 to fill in. Any advice? Also, my claim is for slightly over 5,000 can I still ask to go through small claims? Please help as I am nervous of doing the wrong thing, and ruining the claim. Please help.

[doryphor]

I also received a N150 - which is supposed to be for larger claims above £5000 - but yeah, there's no harm in filling it in - just more fiddly, as my thread has questions on lol.

[jo1006]

Hi. all out there,

Have done it - posted the AQ off - had up to the 18th but get it out of the way.

What will happen next, will the court set a hearing date!!!

or is it a case of sitting back and wait for lloyds next move

This will be worth it in the end -

Let us know how your all getting on,

If you get downhearted like me at times, just read all the threads out there from the people that have won - it gives you the lift you need to carry the fight on

Just do it and don't look back

mick & Jo

[GaryH]

Next you'll get a copy of there AQ, which may or may not request an extra month to settle.

 

In the next couple of weeks you'll get a notice of allocation from the court telling you the track, time, date and directions for your hearing. Let us know what the directions are when you receive them. Settlement could come any time between now and the court date.

[jo1006]

Thanks Gary,

Our only worry now is, what if they don't settle and we end up having to go to court? We haven't the money to employ solicitors and would need to represent ourselves, and if they have solicitors representing them at our case, we would be tied in knots! Lloyds Tsb have totally screwed up our credit rating, defaulting our accounts, because of them, we have needed to seek help from the CCCS and they are still in a position to screw us up even more! Forgive our uncertainty, but the crap financial 2 or 3 years we have had, playing 'catch up' with overdrafts, bank charges etc, has really dented our confidence. Now everything is posted off, and we have scrimped and scraped the £220 together to lodge this case we are so very worried that we may come out the other side with egg on our faces, no money, no compensation and a crap credit score which means we cant even remortgage in the future.

Sorry all for moaning..but despite everyones good will, fabulous advice and support, we wake up thinking its gonna be a bad day sometimes.

Thanks again all, we will keep you posted.

Mike and Jo:sad:

[Deller]

Don't go worrying yourselves about a court hearing, it'll probably never get there. The last thing the banks want to do is disclose information regarding the charges they apply to people's accounts every day, which is what they'll have to do should any claim reach a hearing.

[GaryH]

Yep, I agree. You can never say never of course and to tell you that it 100% won't happen would be irresponsable. But just look at the stats - 100's of claims against Lloyds (1000's in total) and not one single court appearence. Why is that? Simple, becouse they'd lose! Plus as deller1 quite rightly said, to defend their charges in court they would have to justify how they are made up. Please have a read of the successes forum to boost your confidance a little. Also, to get a bit of a grasp on exactly why the charges are unlawful and why the banks don't want to go to court, have a read of this - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177

[jo1006]

Hi All,

Thanks for the great support and advice from you all.

Just received the AQ from Lloyds solicitors

Sechiari Clark & Mitchell

Sent our copies off yesterday

Will wait and see what happens next

Mick & Jo:confused:

[arni999]

Have they asked for an extra month to settle?

[kfdh1962]

As the others say. dont worry. LLoyds are following what now appears to be there standard tactics and will drag it out to the 11th hour ... but you WILL win.

Expect them to tick yes to the request for a 1 month delay before further action to allow both sides to negotiate, followed by a formal stay.

Follow the examples in other threads when this happens and keep firing off letters to sc&m asking them to carry out the stated intent of entering discussions to settle. keep the pressure on and follow the advice on the site.

[jo1006]

Hi All,

very interesting. We have just read through Lloyds TSB AQ and when it asks if they wish for a one month postponement to attempt to settle the claim they have ticked 'NO'. Does anyone know if this is ominous!! Do you think that this means they will see us in court? With this in mind, theres no point in sending letters to the solicitors asking for a settlement - is there?

We continue to be worried. We're brushing down our best suits!

Jo and Mick.

[kfdh1962]

Hi Jo & Mick,

i wouldn't worry about the fact they have ticked no in the request to delay any further action for one month. Although they more often than not tick yes, there a plenty of examples when they have not done this, and they have still had to settle in the end, as they will with yours!

[BARTY]

Hi

This is the latest thing from SC&M, not ticking the extra month for discussing settlement box, so this is nothing to worry about.

Please try not to worry about going to court, the chances of this happening are so small.

Barty:)

[jet_force_juno]

i am also at this exact same stage after claiming a little under three grand. another tactic is for [problem] to send you a copy of their allocation questionnaire, and then ask for a copy of your allocation questionnaire - DO NOT SEND IT. The court would provide them with this if needed.

 

I spoke to [problem] who said this was "standard courtesy" - my a**. They also claimed that they have gone to court on "a number of cases" but were unable to declare how many had been won...

 

ladies and gentlemen the pigs have entered the air field and are about to take off...

[jo1006]

Oh s**t, we have already sent a copy of our AQ to [problem]. Cant take that back now. We have had a long conversation about this and fear we may be the first to go to court! It would be interesting to see where they justify the massive charges though?! Can anyone help us with the conditions. If they attempt to settle with conditions. e.g keeping silent, putting the money into our Lloyds TSB account (which is massively overdrawn and now defaulted as a result of yet more charges) do we refuse? Will it then take even longer? Will it cost us more money or is the £220.00 we have laid out all we will have to pay? Also, will we get the £220 back in court costs? As you can see, despite reading all the threads, we are still rather green, but learning all the time.

Regards to you all,

Mick and Jo

[jet_force_juno]

will you guys stop it already!!

 

i am not having a go but...

 

please see this through. if you get scared the bank have won. this is exactly what they rely on. The bank have been taking YOUR money for years. STAND UP for yourselves and be counted. no matter what happens your claim money is gone, you will never see it again so forget that.

Now, you have very little to lose.. and everything to gain.

 

Having said that if you want to go and cower on your knees at the foot of lloyds door then go ahead. I am sure they will "help" you come to some sort of arangement about repaying all your debts...

 

I for one have had enough of Lloyds. I am fully prepared to listen to them, and if they can justify the charges to the satisfaction of a judge then I will pay them. However I have 1000's of examples of cases settled out of court, a growing body of evidence, and a plethora of disturbing information from last weeks BBC money programme on my side.

 

Like I said if you want to give in now you are the biggest losers in all of this. there is an old saying: "if you owe the bank £1000, you have a problem. If you owe the bank £1000000, they have a problem" repaying bank charges is a drop in the ocean to a bank that makes billions in charges alone each year. defending and losing is not an option for them since once lost the precedant is set and its curtains for those juicy fat profits.

[GaryH]

i am also at this exact same stage after claiming a little under three grand. another tactic is for [problem] to send you a copy of their allocation questionnaire, and then ask for a copy of your allocation questionnaire - DO NOT SEND IT.

Why? Thats ridiculous!!!! There is no reason whatsoever that you should'nt send a copy of your AQ to SC&M. In fact I always advise people to as it demonstrates your resolve to see the claim through. There is no conceveable reason whatsoever why sending a copy of your AQ to the other side would harm your case. Quite the opposite in fact.

I spoke to [problem] who said this was "standard courtesy" - my a**.

Err..... well it is, actually!

They also claimed that they have gone to court on "a number of cases" but were unable to declare how many had been won...

Obviously this is rubbish. They have'nt defended a single claim.

ladies and gentlemen the pigs have entered the air field and are about to take off...

:confused: !

 

Thanks for the input jfj, but under the circumstances I don't think its at all helpful.

 

M&J,

 

I really don't know what more I can say to reassure you! Your claim is running exactly how it should be, you've done everything right and all your responses have been completely standard.

 

Its natural to be a little nervous. In fact its a good thing, becouse you are less likely to make silly mistakes than if you were over-confidant and jumped in headfirst, as a lot of people do.

 

Please don't let the nerves get the better of you though. The bank has bullied and dictated to you for long enough. Now its your turn to take control. You are in the right - you've got the law on your side, you really have!!!

 

Stick with it, keep coming here for advice at every stage and DON'T PANIC!! You'll have your settlement within a month and it'll all be worthwhile!

 

There is a court buddy system which you can register for if you really are worried about it, but as I said there really is no need to worry. A great thread for you to read would be Freebirds. She had some epic ups and downs on her path to a settlement, and nearly gave up several times! Its very long, but if you have an hour or two its definately well worth you reading - very inspirational. http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/16906-freebirds-flight-path-soaring.html

[jo1006]

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:)

[jo1006]

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?

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?

SO MANY QUESTIONS.....AAARGH!

 

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?

 

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

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

 

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:

[babylovejjmc]

Hiya, just to say im trotting up behind you in the scale of your case, i have sent my AQ back yesterday and now waiting for response from court.

 

I also sent a copy of my AQ to SCM and added a cover note saying that enclosed was my AQ and could they do me the same courtesy by sending me a copy of theirs. Atleast that way they will look pig ignorant to a kind request if they dont!

 

Pretty jittery myself now but as many have said already, your case is unfolding as most of them have (believe me, after 3 days of trawling through this site I have read a lot of cases!!!) so just keep your head up, think of christmas and forget about the stress of it, it will come right in the end and i know (for me atleast) the payoff will clear my crimbo debt!!! So BE STRONG!!!! x x x