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

[upton11]

Tank girl, are you anywhere near Norwich?

 

Regards

 

Paula

[jo1006]

This is a very toughened up version of the original order.

 

What do you mean Bank fodder?

Has this been issued to loads of folks and has it been refined since the first issue?

Jo:-?

[jo1006]

Congrats to all who have received it anyway. And please keep everything crossed for us.

 

Could I just ask - we have included the original schedule of charges which we sent along with the early correspondance, but the interest will have increased since then. Do we print off a new one? Also, should we include statements and charges since July 06? The charges since then add up to almost £1000. (its damned ludicrous - how do they expect us to be debt free when they're adding these appallingly huge charges on?):-x

We have everything ready to deliver on Monday. We are sending the [problem] copy of our court bundle by next day registered post, so hopefully we will be able to contact them on Wednesday to ask where theirs is!!

Say a prayer for us everyone.

Mick and Jo

[GaryH]

Hi M&J,

 

No need to update your schedule - the interest accrues automatically by the daily rate specified in your POC. The schedule you submit in your bundle should read the same as it did when you filed the claim.

 

Unfortunately you can't add more charges on at this stage without a formal application to the court. As you're well past the allocation stage, thats probably not reccomended as for a start it'll cost you £35 which is non-refundable, plus there's the possibility you'll have to attend an application hearing and it would inevitabily delay the whole process.

 

When your offered settlement, its worth requesting that the charges incurred since the date of issue are also included in it, although they're under no obligation to agree and on past evidence probably won't. If not, you'll just have to start the process again - as I did, hence the 'here we go again' thread.

 

Stick with it - your very nearly there!

[jo1006]

Thanks Gary,

Everything is ready then!

Just a matter of photocopying tomorrow and we're fit to go..gulp.

[jo1006]

Hi Guys,

well, they've gone. Two court bundles sent first class, next day recorded delivery. Jeez..we needed a second mortgage just to pay for the postage! I'm surprised that the Royal Mail aren't sunning themselves in St Tropez the amount it costs to post parcels nowadays!!

 

But, they've gone!!

We'll ring [problem] tomorrow afternoon to enquire after theirs, which should come, at the latest tomorrow, thats the deadline. No doubt, we'll be fobbed off. I'll send the letter about it on Thursday (with a copy to the court) and we'll sit back and await our court date.

If you're reading this Pam, have you heard anything? If not, have you sent off your bundle?

Thanks again Gary for all your help, guidance and babysitting! you're a star and CAG will receive a donation (as long as the bank dont gobble it up in overdraft charges) thanks to all your sound advice.

 

We'll let you know what happens with this and other claims - we are waiting replies from around 10 creditors following SAR's.

Good luck everyone,

Mick and Jo:D:D

[pampam]

Hi Guys,

well, they've gone. Two court bundles sent first class, next day recorded delivery. Jeez..we needed a second mortgage just to pay for the postage! I'm surprised that the Royal Mail aren't sunning themselves in St Tropez the amount it costs to post parcels nowadays!!

 

But, they've gone!!

We'll ring [problem] tomorrow afternoon to enquire after theirs, which should come, at the latest tomorrow, thats the deadline. No doubt, we'll be fobbed off. I'll send the letter about it on Thursday (with a copy to the court) and we'll sit back and await our court date.

If you're reading this Pam, have you heard anything? If not, have you sent off your bundle?

Thanks again Gary for all your help, guidance and babysitting! you're a star and CAG will receive a donation (as long as the bank dont gobble it up in overdraft charges) thanks to all your sound advice.

 

We'll let you know what happens with this and other claims - we are waiting replies from around 10 creditors following S.A.R - (Subject Access Request)'s.

Good luck everyone,

Mick and Jo:D:D

Hi Jo & Mick

I sent off their bundle on Saturday and took one into the court this morning. (thought I may have seen you there)

What letter are you sending on Thursday? Can I have a peep at it?

 

I've got everything crossed and really hoping we don't have to go to court.

Like I said in earlier posts I am doing the claim for my son and his partner. They wouldn't have a clue what to say in court!!.

 

Good luck hope we won't be long now.

Cheers

pam

[shaney310879]

well i dont believe it.

 

 

:-o

 

 

no sooner do i get a letter from the courts threatening lloyds i also find out that lloyds settled immediately and the moneys been in my bank for the last 3 days!!!!!

 

they haven't even contacted me to let me know they've done it yet!!!!

 

:D

[jo1006]

Hi Pam,

We got the letters from Gary H on the thread 'SC&M court bundle, non compliance' They are excellent and following tomorrows conversation with them, I will be sending letter number one.

 

Congratulations Shaney:D Was it the amount you were expecting? Great news if it was. We are hoping that LTSB dont credit our account otherwise we will remain totally skint, our overdraft monster will suck it all up. We have requested a cheque payment for our settlement in the court bundle, lets see eh!

See you on the 30th Pam, I'm sure your son will be fine.

Mick and Jo

[Matthew Hallswort]

HI Mick and Jo,

 

It's such a good feeling getting the bundle off! Mine is off too I think I'm a couple of days a head of you, my court date is on the 29th Jan, and my bundle had to be received on Monday. Just to let you know that surprise surprise the bundle didn't show from SCM and when I phoned them to ask what was going on they said that they hadn't prepared it and were waiting on Lloyds to advise on action to be taken.

 

Cool.

 

I'll chase again on friday and hope fully a nice fat cheque will be on its way??

 

Good luck to you.

 

Matt

[jo1006]

Hi Matthew,

I have just called SC&M and spoke to a woman called Mrs White, who told me exactly the same as you were told.

I then 'respectfully' asked her "Do you not act on the orders of the court?"

She (snottilly) informed me that they act on orders from their client (LTSB) and no-one else and LTSB have not ordered them to release a court bundle for our case. I then said that we had sent ours as per the court order and surely we deserved the same courtesy from such a large and prestigious firm as themselves. The response was a 'snort' and "I'll look into it". (my a**e)

Well, it looks as if they don't work within the law and just please themselves (sorry moderator if this is a litigious comment, but whilst we are trying to keep a firm footing of the law of the land, they don't..and it just p**ses me off!!)

I asked 'Mrs White' to take our 'phone number and call us when she had investigated this matter, but I am not holding my breath waiting for the call.

I have drafted the letter that Gary put us onto to send to SC&M (thanks Gary ) and Mick is going to fax it off from work this afternoon.

I will call them again tomorrow, no doubt to be put on hold for 15 minutes like today, but I may (not likely) get further info then.

Hi Pam, have you heard anything?

Jo and Mick

[jo1006]

:eek:OMG!!

Mrs White has just rung us and stated that LTSB are disputing the amount we are claiming and offering to pay us £2,988.47. This is almost £1,500 less than we are claiming for!

I told her that I would have to discuss this with Mick, but my gut feeling was to refuse this amount as it was so much less than originally claimed. Mrs White said that it would have to go to court then! I said OK and if we appeared in court, LTSB would have to justify their huge charges which would not only benefit us, but many other people as well, so we would welcome an appearance in court. I then asked again for the court bundle, saying that we need this to prepare for our court appearance and she told me that LTSB were only issuing orders for court appearances on 22nd january at the moment. I said that working on this date, we shouldnt expect our court bundle before our court date, which is going against the orders of the court yet again. Mrs White just repeated herself. (learned responses, so they dont get into bother;))

I then asked how the money would be paid to us, and she stated straight into our account, so this is a definite no go! If any money is paid into the account, the overdraft will eat it straight up and the damned overdraft is made up purely of their extortionate charges!! This is just getting me down now..and we have another few to get through....damn..damn..damn.

I'll keep you informed.

What now folks? Any advice will be highly welcomed..please advise us..please.

Jo and Mick.

[pampam]

QUOTE

Thanks Gary

I was speaking to a friend today who is also claiming against Lloyds.

He phoned SCM today re his court bundle. He was told that providing people had not claimed for charges that were not refundable, ie account charges and overdraft interest, they would be paid out before the court date.

Have you heard this before?

Pam

Hi Jo & Mick

Just wondering if this has anything to do with why they had offered you a lesser amount. I posted this on here last week. It may not be but I thought it was worth checking.

I rang SCM this morning.

Usual crap.

Haven't received my court bundle.

Person dealing with our case not available.

I said I was going to send a letter to the court.

They said "You do whatever you feel is necessary"

I felt like saying "AND UP YOURS TOO" but I didn't. I remained calm.

However, they do seem to speak to us as though we are the dregs of society.

 

Hope someone on here offers you some advice,

sorry I can't be of any more help.

Keep your chins up, nearly there now I'm sure.

Kind regards

Pam

[Jezzaa]

Hi everyone This site is excellent only just joined so its still all a bit confusing Reading your progress is helping lots, only at the AQ stage can anyone suggest specific wording in G?

[lucid]

:eek:OMG!!

Mrs White has just rung us and stated that LTSB are disputing the amount we are claiming and offering to pay us £2,988.47. This is almost £1,500 less than we are claiming for!

I told her that I would have to discuss this with Mick, but my gut feeling was to refuse this amount as it was so much less than originally claimed. Mrs White said that it would have to go to court then! I said OK and if we appeared in court, LTSB would have to justify their huge charges which would not only benefit us, but many other people as well, so we would welcome an appearance in court. I then asked again for the court bundle, saying that we need this to prepare for our court appearance and she told me that LTSB were only issuing orders for court appearances on 22nd january at the moment. I said that working on this date, we shouldnt expect our court bundle before our court date, which is going against the orders of the court yet again. Mrs White just repeated herself. (learned responses, so they dont get into bother;))

I then asked how the money would be paid to us, and she stated straight into our account, so this is a definite no go! If any money is paid into the account, the overdraft will eat it straight up and the damned overdraft is made up purely of their extortionate charges!! This is just getting me down now..and we have another few to get through....damn..damn..damn.

I'll keep you informed.

What now folks? Any advice will be highly welcomed..please advise us..please.

Jo and Mick.

 

Hi Jo and Mick,

 

If they have offered you less than the full amount - and you are sure your claim amount is correct - then definitely refuse the offer. I'm sure they're hoping that offering you a high amount will tempt you into giving up. "Disputing the amount of your claim" is probably a fob off - unless there's a chance you've miscalculated.

 

As for crediting your bank, I don't think you have any choice on that. They don't seem to give on that, not that I've seen anyway. Is it not a good thing that the money will go to clearing your overdraft? If they have taken further charges since you began and your repayment will get eaten up by these then unfortunately there's not a lot you can do apart from beginning a new claim.

 

You'll get the full amount if you keep at it. Good luck. Lucid

[GaryH]

Firstly, have you claimed any monthly account service fee's (ie select account fee's), or the total of the monthly overdraft interest?

 

Standard account charges are not penalty charges so they cannot be reclaimed. Overdraft interest cannot be reclaimed either - except any proportion which was added on top of an unlawful charge. This is very complicated to work out though and does'nt usually total much anyway.

 

If you've claimed for either or both the above then I'm afraid you'll have to drop them from your claim. Take off the genuine service charges and O/D interest and see what that leaves you with. If its the same as their offer then you'd be strongly advised to take it.

 

If you haven't claimed for these and your sure the amount you originally claimed for is correct, then I would also agree with what Lucid has advised - hold out for the lot.

[jo1006]

Hi jezzaa,

have a good look around. There are templates which advise you how to complete your forms. We printed them off and used them for guidance. Glad to see someone else on board, keep at it, even though we feel wrung out, we know it will all be worth it in the end.

Good luck finding your stuff.

Jo and Mick:smile:

[jo1006]

Hi Gary and Lucid,

Thanks for getting back to us so quickly. We haven't claimed for account service fees but have claimed for various other charges, and have listed them below:

Unauthorised borrowing fee.

ATM handling charge.

Interest.OD useage fee.

OD excess fee.

As well as unpaid DD charge etc.

Have we cocked it up?

 

Please advise,

Jo and Mick:confused:

[GaryH]

You can't claim the ATM charges or the OD interest.

 

Take them off and see what your left with.

[jo1006]

Hi Gary,

does that mean that we can still claim for unauthorised borrowing fees, Overdraft useage fees, and overdraft excess fees?

Jo

[jo1006]

Also, if we settle for this amount, is there a letter template for agreeing to the amount offered without conditions? We have two other claims against LTSB and we dont want to jeapordise these by agreeing that this figure is full and final settlement of all charges. Also, we dont want to be silenced. It is important that we help others on this site by our experiences and I have heard that some banks state that any dealings or settlement figures should not be disclosed. Is this right? Can they do this?

Jo

[GaryH]

Yep, as well as the Unpaid DD, SO, or cheque fee's.

[GaryH]

Also, if we settle for this amount, is there a letter template for agreeing to the amount offered without conditions? We have two other claims against LTSB and we dont want to jeapordise these by agreeing that this figure is full and final settlement of all charges. Also, we dont want to be silenced. It is important that we help others on this site by our experiences and I have heard that some banks state that any dealings or settlement figures should not be disclosed. Is this right? Can they do this?

Jo

They can't impose confidentiality without you agreeing to it, and you are certainly under no obligation to. Theres a good letter which was posted somewhere by Michael Browne which rejects conditions, I'll try to find it for you.

[Michael Browne]

Here you go:

 

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 only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

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]

Thats the one! Cheers MB