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

[GaryH]

Hi M&J,

 

Must be the final hearing then. Does it give directions to provide your evidance? It should, in which case you'll now need the court bundle. (.......fiddles around for his 'court bundle' template response.............) Ah, here you go, this is what you need;

 

You need everything from the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html, all correspondence between you and Lloyds, your statements or account information, a schedule, http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/118-peter-mcnamara-bbc-radio.html and edit this to suit your claim and add it to your bundle too - GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!.

 

You need 3 copies of everything. File one at the court, serve one to Lloyds sols and keep one for yourself (this should include the originals). Make sure it is all received in advance of the date specified.

 

Get this all off and then ring SC&M and ask where their documents are. They should then say that the settlement is in the post.

 

Don't worry about it now though, it'll keep for a week or so.

 

Have a great Christmas!

[upton11]

Dear Mick & Jo

 

Fab news about your court date - so soon considering others have to wait until March/April - Nearly there now!

 

Merry Christmas

 

Paula

[jo1006]

:oops:

Hi All,

hope everyone had a great Christmas. Ours was Ok, but Mick had to work.

kids had a great time, despite us being skint. Hope next Christmas is a little more prosperous for all of us!!

Giving it until the weekend, then we're starting on our court bundle. Thanks for all the useful info Gary. We'll follow it to the letter. Hope they settle soon and they pay us a cheque instead of paying it into our account.

Just a quick question. LloydsTSB sent us a default letter at least two months ago, stating they were instructing solicitors to deal with us (ooh!!) but have continued to charge us, ring us and hassle us. We passed all our debt details to the Consumer Credit Counselling Service back in August, including the LTSB accounts. Can they continue to hassle us and do you think they are doing this simply because our account is in dispute? They threatened to close our account but still haven't done so. Should we ring them maybe to ask what is happening following the default notice?

Also, should the default notice be part of the court bundle, because Mick shredded his in a 'fit of peak'. (daft, we know..but when you're at the end of your tether....)

Just another quick one..our problems started when Mick was poorly from work for a long time, leading to financial worries and the beginning of all the damn charges. Should we state this in our declaration in the court bundle or is personal information not necessary. If LTSB had taken the time to listen to us in the first instance...well there are plenty of folks in the same position as us, arent there!

Speak to you all soon..carry on enjoying the festivities.

Mick and Jo:D:D

[shaney310879]

hi all. im too have been given a court date - valentines day!!!!! should i take a heart shaped balloon to court?

[jo1006]

Hi All,

Just when you think things can't get any worse, we've got a MASSIVE electricity bill for £619. We already pay £75 every month on direct debit and this happens! Because we're out at work all day, we're never in when the bloke comes to read the meter, so each bill has been estimated. I rang them with a reading before Christmas and this bill dropped on the doorstep this morning. Any advice anyone? They expect us to pay £253 each month to cover this bill.

I rang and offered them £100 per month and the offer was refused. Do we have any legs to stand on or will we be living through the cold winter with just candles and blankets to keep us warm?

Sat here in tears (again). All this crying..(as my old nan would say) will make me pee less!!

Gotta laugh, or committ harikari.

happy new year everyone

Jo:sad:

[jo1006]

Hi Shaney,

Sh*t happens. Hopefully you can send them a bloody big valentines card with the money you're granted. At least you should be able to..we've gotta pay our electricity bill with ours!! Keeping our fingers crossed for you.

Jo & Mick

[fletch101]

Glad I,m not the only one my claim is over the£5000 as well I,m about a month behind will be keeping an eye on you wishing you all the best in this hopfully prosperous year for us all

[jo1006]

Hi All,

Just got back from 2 boozy days in Wales to find the CSA have stuffed us for maintenance too!! Talk about kicking us when we're down. Any advice on this anyone?

As for the LTSB stuff - we're going to put together the court bundle after the new year festivities and send it before the weekend.

We are also putting together a personal information letter to go along with the formal 'stuff' (bank statements, letters etc) explaining about the hardship that has been caused as a direct result of the outrageous charges the bank has made..are we doing the right thing here Gary?

We looked back over the past few years and literally all the financial difficulties we have experienced are because of LTSB charges. We almost lost our home because of them not paying a secured loan for 3 months. We needed to remortgage and extended our mortgage term another 10 years just to get our heads above water and pay bills, arrears etc..

Should all this go into the court bundle?

Any tips?

Jo & Mick:confused:

[Jgl]

Help Alloc quest gone in and judge hasgiven date for Allocation/Direction hearing is this different to main hearing? also, as i am on holiday judge has suggested 'this be dealt with by written representation in her absence'. can anyone advise?

[GaryH]

We are also putting together a personal information letter to go along with the formal 'stuff' (bank statements, letters etc) explaining about the hardship that has been caused as a direct result of the outrageous charges the bank has made..are we doing the right thing here Gary?

 

Should all this go into the court bundle?

 

Definately. It certainly won't do any harm. The most important part of your evidance is what establishes your case in law and fact. Ie, why the charges are unlawful - statutes, cases, statement of evidance, etc.

 

After that, you can add to your bundle whatever you like. The more evidance you can compile that shows the charges - and your treatment in general - as unfair and unreasonable, the better.

 

As we all know, its very unlikely that your evidance will get to be aired in court anyway (I wonder why;)). After they've settled though, if you wanted to you could put it to good use by using it as the basis for a complaint to the financial ombudsman service. I think anyone who's been treated as disgracefully as you have by Lloyds (and theres quite a few!) should definately consider going down that route.

 

Put together a diary of everything - all your dealings with Lloyds and how their actions have affected you. There's bound to be quite a few breaches of the banking code, plus more besides, so I'm sure you'd have a very good basis for a claim for compensation. You could put the diary together with a covering letter simular to the one on my "here we go again" thread. You could also copy it to the press if you wanted to.

 

Have a read of spiritgirls thread. She's had the same sort of situation and is going to go down the FOS route when her claim is settled - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/41562-spiritgirl59-lloyds-bank-begins.html

[jo1006]

Thanks Gary,

We will certainly look at doing that once the claim is settled. Its not just the money that is important here but the way they have treated us. When we were financially solvent, they couldn't do enough for us, once we were having difficulties, they treated us as if we had just dropped out of the dogs bum!!

It was difficult even to get someone to talk to us, they just added charge after charge and passed our account to the collections department. We'll have to have a good dig around to find the letters they have sent us to prove this, but i'm sure we can find some.

Happy New Year all, We're spending it at home, reason: me with torn ligaments in my foot!! Not drunk, just eager to get the damned christmas decorations down!!

Speak soon,

Jo 'n' Mick :lol:

[spiritgirl59]

Hi Jo and Mick

 

Glad my thread is helping you. I'll be keeping an eye on yours now too, as you've obviously been treated the same way by Lloyds as we have...like something they stepped in

 

I attached another copy of our POC to the AQ and listed it in the documents section, mainly so the Judge WILL get to read the disgusting way we have been treated by Lloyds, and see the evidence from the Citizens Advice Bureau, even if, as Gary rightly says, we don't get compensation in Court for this disgusting breach of the banking code, at least the Judge will be able to see them for what they are !

 

I will be going to the FOS for definite at a later date, and will keep everyone posted on here about the whole thing.

 

You probably saw my thread today - we got our £750 gesture of goodwill payment through - straight into our account which is overdrawn, and accordingly Lloyds have now virtually cleared our overdraft for us with their little gesture, bless their little cottons!!! We've sent them the standard "accept as part payment" letter which Michael advised me on but they can tickle off if they think we are going to go away for £750...we are going ALL the way with this one!

 

Good luck to you!

 

Spiritgirl

[Matthew Hallswort]

Hi Jo and Mick,

 

I received a court case date this morning. To be honest I've been absolutely bricking myself with fear. After reading your thread and all the helpful advice and support from everyone, I'm feeling loads better about it all now.

 

I don't have any practicle advice or any legal knowledge, but I thought I'd say that I'm with you on this, I'm sure it will all go well. Go give 'em hell!!

 

Best wishes

 

Matt

[jo1006]

Hi Matthew,

We're scared too, but the support we have received from the people here have made it so much easier. I am in the process of putting together the court bundle, printing off articles and links, putting together all the statements with charges highlighted and digging out our schedule of charges for this account. We have another two to go through when this one is over, but heaven helps the brave!! Keep your chin up!

Jo and Mick:rolleyes:

[spoonerl]

Hi Jo and Mick,

 

Hulls getting bigger.

Just a few steps behind you. Received my AQ yesterday. Will be following your thread closely

 

Best wishes

 

Lee

[jo1006]

Hi Lee,

Good to hear from another 'Hullite'. We're getting a bit twitched up now, hoping that we get everything right. Keep watch though, if we do get to court, it'll be really interesting and well give 'King Billy' something to watch from his horse!! (Hull joke for those of you thinking I've gone totally mad!!)

Good luck with yours and keep us posted!

Jo & Mick:D:D

[pampam]

Hi Lee,

Good to hear from another 'Hullite'. We're getting a bit twitched up now, hoping that we get everything right. Keep watch though, if we do get to court, it'll be really interesting and well give 'King Billy' something to watch from his horse!! (Hull joke for those of you thinking I've gone totally mad!!)

Good luck with yours and keep us posted!

Jo & Mick:D:D

Hi from some more "Hullites"

I am doing a claim for my son and his partner, Court date 30th January,

In the process of doing their court bundle at the moment.

It is going to cost quite a bit to post.

Anyone know if you can take SCN's copy to the local Lloyds branch and send it by their internal post? It would save a fair bit on postage if we could.

Good luck with your claim

Pam

[GaryH]

Anyone know if you can take SCN's copy to the local Lloyds branch and send it by their internal post? It would save a fair bit on postage if we could.

I would'nt, personally. I imagion there could be a quite high possibility of it getting "lost":rolleyes:

[jo1006]

Hi Pam,

well, it looks as if there'll be quite a crowd in Lowgate on 30th January!!

We are still ploughing through the court bundle. Do you have anything extraordinary in yours that may just help us or is it the template bundle listed on here?

We haven't printed all of that off yet, but are still in the process of getting together statements, default notices etc.

 

You're right, its going to cost a bomb to post (especially as it should go registered) but Garys right. If we deliver the bundle to the local Lloyds, they 'may' misplace it () and it would never be seen by [problem].

 

Keep us posted on how you are progressing and if we all have to turn up on 30th January, we'll be the ones wearing daffodils in our lapels (Mick is Welsh!) and the scared expressions on our faces!!:cry:

Good luck wading through all the stuff.

 

Jo & Mick ;)

[pampam]

Hi Jo & Mick

Spent all day today wading through all the court stuff.

Don't think I have anything new to add to the bundle.

I am just hoping they settle before then.

If not I will see you in Lowgate, I'll be the one with a couple (my son & his partner) who look clueless.

I have done all the claim for them they are bricking it as they will have to state their own case in court.

Let's hope the judge is sympathetic!

Good luck

pam

[skintandbroke]

Hi Mick and Jo (and other Hullites)

Just wanted to change the subject and go back to your elec bill problem. I had a bill for over 900 pounds for gas for same reason of estimated bills. We contacted them via phone to discuss payments but we left it a bit later than they wanted and were really nasty with us, but we got it down eventually, even though i told them that i would have to apply for a credit card etc to pay for it - they weren't bothered how I paid, as long as I did. So just keep on at them - as usual, it might be best to write and explain what and how you can pay, but if you phone, make sure you get the name of the person you spoke to (inc surname) and log your calls. My friend had a similar problem and she got on to Energywatch - at least I think it was them, and they told her all the rules and how to go about it - i'll find out for sure, but it might be worth looking into just in case! She said that the people she spoke to said as long as you;re paying something they can't refuse it or refuse a payment plan, and she ended up paying a little over a longer period.

 

I went to uni in Hull - would have loved to have stayed to become a Hullite, but I'm a Manc and had to come back!

 

Good luck with TSB too. i've just submitted my AQs today, but didn't send a copy to [problem] - borls! I've got my fingers crossed for you and will keep watching. Good luck (with all of your issues!)

[jo1006]

Hi All,

As you can see from the time (its daft o'clock in the morning again!) I am once again suffering from insomnia, and reading all the relevant threads. (great time to do it, kids asleep).

Still ploughing through all the court bundle stuff, we MUST get it right if we are to win this - and worrying that we'll have to go to court.

A big thanks to Skint and Broke for your advice re: electricity bill, I've managed to sort it after about 15 'phone calls and repeating myself so much I must have RSI of the throat. (anything to stop me yakking Mick says!!) They settled for a slightly higher monthly payment, so we'll probably have it paid off in 2025!!

 

Can I ask some advice about the court bundle? Do I need to include all the 'bits' in the template. I've read through it all and it seems really in depth. I have no problems printing it all off in triplicate if I need to, but is it all relevant? Please accept my apologies if I seem a little cynical (or stupid - having a blonde moment!) but if we end up in court and the judge asks us anything about the cases quoted in the bundle, we wouldnt know where to start with a reply. If we were questioned by LTSBs solicitor, we'd probably be buggered!!! ?

 

Pam, I hope everything is settled before the 30th, and we dont have to cry on each others shoulders in fright in Lowgate, but if we do, a big drink is in order in King Billy or Cornexchange afterwards!!

keep us posted.

NightNight all (I must try to get some bloomin sleep - this court thing is ruining my looks!!!)

Jo

[GaryH]

Can I ask some advice about the court bundle? Do I need to include all the 'bits' in the template. I've read through it all and it seems really in depth.

Do you meant the statutes - Unfair terms in consumer contracts regs, etc?

 

If so, then yes you do need it all. Only a very small part of each of them is relevant to your claim, but you must include the complete documents none the less.

if we end up in court and the judge asks us anything about the cases quoted in the bundle, we wouldnt know where to start with a reply. If we were questioned by LTSBs solicitor, we'd probably be buggered!!!

The jist of it is that the in the case of Dunlop vs New Garage, a precident was set that a contractual party cannot recover more than its actual losses (or a genuine pre-estimate of) in the event of a breach, and that a penalty clause is unenforceable. The judge in that case also gave a number of definitions as to what constituted a penalty clause.

 

This principle has been upheld in many other cases since, which are those found in the 'case law summery'.

 

Have a read of it and see if you can get your head around the basic principles and how they apply to your particular case. The statement of evidence in my sig should also give you a good idea.

 

Heres an extra bit of evidence for your bundles - BBC NEWS | Business | The Money Programme bank commission

[friends1]

I am in the same situation i received the form saying they intend to defend my claim. Giving them another 28 days to float my 600 quid i am claiming on the stock market to make back the 600 and more that they will hopefully have to pay out eventually.

 

Clever aren't they!

 

Well I love reading about all of your experiences and the help its providing!

I have learnt so much so far.

Didn't realise Lloyds take it to the court steps.

Does anyone know when they actually buckle? Do they just not show up at court?

 

Friend xx

[friends1]

I am in the same situation i received the form saying they intend to defend my claim. Giving them another 28 days to float my 600 quid i am claiming on the stock market to make back the 600 and more that they will hopefully have to pay out eventually.

 

Clever aren't they!

 

Well I love reading about all of your experiences and the help its providing!

I have learnt so much so far.

Didn't realise Lloyds take it to the court steps.

Does anyone know when they actually buckle? Do they just not show up at court?

 

Friend xx