Griffin V Lloyds TSB *ABUSE STRIKE OUT*WON*

[GuidoT]

Tomorrow complete and post form N225 see here (post 24 onwards):

Lozzer vs Lloyds TSB for £4000

 

After issue of that form I obtained judgement in around 14 days and then payment in 5 days.

[PeterAnderson]

Just subscribing

[griffin9959]

Offer recieved - charges +8% (statutary %), not my original claim - charges + 29.8% (CI unuthorised %)

 

I'm not too sure what to do!! Can I wait to see what the court does?

Will the court award me charges + 29.8%

If so, could Lloyds request a set aside based on the recent CI ruling, go to court and I loose the whole of my claim?

If Lloyds can have CI (unauthorised %) set aside, could I counter claim for CI (authorised %), again based on the recent CI ruling.

 

Then again, am I just getting caught up in the frenzy of it all and should settle, after all I've had my charges back ?

Am I wasting my time to go after the CI?

Will I harm anbody else's chances (to win any type of claim) by pushing on for CI?

 

~S~

Griffin

 

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

13/06/07 Court has ordered Lloyds to file, by 22/06/07, a list of claims it has pursued to court or defense will be struck

22/06/07 Offer of settlement recieved.

[passivenomore]

Just bumping...

 

My thoughts are that as your claim was with CI, then you should be intitled to that, but I'm NO expert mate!!

 

Site mods? Helpers? Legal wizzes?

[jansus]

have a read through Lloyds case lost - long thread but lots of comments re: CI

 

last post today at about 3.25

 

Jansus

[griffin9959]

Could do with some senior CAG members' advice here, please.

 

~S~

Griffin

[GaryH]

Offer recieved - charges +8% (statutary %), not my original claim - charges + 29.8% (CI unuthorised %)

 

I'm not too sure what to do!! Can I wait to see what the court does?

Will the court award me charges + 29.8%

If so, could Lloyds request a set aside based on the recent CI ruling, go to court and I loose the whole of my claim?

If Lloyds can have CI (unauthorised %) set aside, could I counter claim for CI (authorised %), again based on the recent CI ruling.

 

Then again, am I just getting caught up in the frenzy of it all and should settle, after all I've had my charges back ?

Am I wasting my time to go after the CI?

Will I harm anbody else's chances (to win any type of claim) by pushing on for CI?

 

~S~

Griffin

Hmmm... difficult one is this, and I cannot give you a definitive answer unfortunately.

 

Perhaps the most important thing to consider, in my view, is that the court will always expect you to settle at any opportunity - especially in small claims where the ethos is very much on saving expense and mitigating your losses.

 

Then again, Lloyds aren't exactly in the strongest position to start telling you which parts of your claim they fancy paying and which they don't, are they? If they contested the CI they would almost certainly be successful, yes, but - if they want to contest any part of your claim they will have to comply with the judges order first.

 

Sorry my friend, the choice is yours!

[GuidoT]

Just ignore the offer, apply for judgement as my post 51.

 

Lloyds may apply to have it set aside as it includes CI, but unlikely.

 

You will get your CI, I was in a similar position to you and they paid me CI and charges going back 10 years.

[griffin9959]

Thanks for the response !! I'll have to think about this one .

 

~S~

Griffin

[GuidoT]

Please note that I wrote post 58 with seeing post 57 from Gary. I did not refresh my browser from yesterday, just left it open to remind me to reply.

 

Anyway I do standby what I said, even if GaryH is not as conclusive as mine.

 

My advice is much more definitive because I was in a similar position recently with an offer net of CI and the opportunity to enter judgement. I entered judgement and the money fell out of Lloyds last week.

[GaryH]

Please note that I wrote post 58 with seeing post 57 from Gary. I did not refresh my browser from yesterday, just left it open to remind me to reply.

 

Anyway I do standby what I said, even if GaryH is not as conclusive as mine.

FWIW, I don't disagree.

[GuidoT]

I thought as much, this should help Griffin make up his mind then.

[innocent]

Sorry Griffin to be away........ been rather busy

 

I cannot add to GaryH and Guido; I respect them both;-)

 

How much is the difference between ur CI and 8%?

Would u ultimately loose the ur charges+8% if you continued? Probably not.....

 

I'm not there yet buddy, but am watching (what has to be ur decision) carefully

 

Innocent

[griffin9959]

Given whats happened over CI of late and their intention to apply for strike out should I pursue that portion of my claim, I decided to go for the 8% and phoned them this morning. Guess what, "oh there should have been a form with the letter, I'll tell them upstairs", another delaying tactic me thinks. Anyway I've written them "Strictly Without Prejudice, Confidential and Privileged" (if I can't say they offered to settle, they can't say I offered to accept) a letter to complain and making it unclear if I will now settle; it also includes a notification of my intention to claim costs and asking them to pay them with the settlement rather than be taken to court again. I hope this will give the court time to issue the judgement and we'll have a new ball game.

 

~S~

Griffin

[GuidoT]

They are just difficult and unhelpful on the phone, need to stick to written communications.

 

They are very unlikely to pay your costs (except court and AQ fee) without a court order.

 

You say that you hope this will give the court time to issue judgement and you will have a whole different ball game. I am not sure what you mean by this, but if the court issue judgement (that in any event you have to apply for) then it will not be the sum you have accepted, it will include CI.

 

Potentially you could be left in a position whereby you have accepted a SI offer and judgement including CI.

 

I stand my previous advice of seeking a strike out of their claim and applying for judgement in full. That will be the quickest, more certain and more financially beneficial conclusion for you. Anyway I think this is academic now as you seem to have accepted the offer including SI.

[griffin9959]

I'm happy with charges + 8%, after all thats what I set out to get:) Anything else would have been a bonus and of course it would have made me happier.

 

I think the recent ruling on CI and their intention to contest that part of my claim would only have drawn things out further. And I get the feeling they would have won on that one.

 

Maybe goin for CI has prompted them to settle sooner.

 

Anyway, I'm a happy bunny with a few quid I didn't have before.

 

If they get round to paying up I'll be sure and post. Meanwhile its sit and wait I think.

[griffin9959]

just thought to check my account. They dropped the money in on18/06/07.

 

Thats it, I'm done

 

Where's the link for donations??

 

~S~

Griffin

[griffin9959]

Found it

 

~S~

Griffin

[griffin9959]

How much ;-)

 

~S~

Griffin

[christinajanep]

many congrats to u

[BARTY]

Congratulations!! :D

Barty:)

[GuidoT]

There is a letter in the link below to inform the Court of settlement:

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

You could still enter judgement and obtain the CI.

[nicsussex]

Congratulations - well done!

[innocent]

BIG CONGRATULATIONS!!!!!

 

& WELL DONE!!!!! :grin: :grin: :grin: :grin:

 

 

Glad you got what you wanted and the waiting is now over for you...

 

and many thanks for an entertaining thread my friend

 

 

 

Innocent

[GaryH]

Good work Griffin, congratulations!!!