Darling 2 takes on the TSB**won**

[GaryH]

Oh yes, also with regards to the track, you can request small claims for the following reasons;

 

a) The claim is a consumer dispute, for which the small claims track was specifically designed

 

c) Overriding objective's require both parties to be on an even footing - the small claims track can provide for this whereas the fast track would mean costs exposure which would be a heavy burden for you but insignificant to the defendant

 

d) The law relating to contractual penalties is long established in both common law and statute - therefore the issues are of fact, not of law.

 

You will probably get allocated to the fast track though in any case, which is hardly the end of the world - in fact it would be an advantage in some respects as disclosure of one form or the other would be guarenteed.

 

Yes, I think they will probably settle before the prelim. They only usually attend prelim or allocation hearings in claims which include CI or statute barred 6yr + charges. Obviously as you say though you should certainly not rely on this and should prepare for the hearing accordingly.

 

Tell your O/H that you WILL win - as long as you prepare properly and present a sound and well thought out case then its hard to envisage how a straightforward claim for charges + 8% could lose. The law is clear in respect of contractual penalties and its on our side! Also, tell him to read some of these - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/

[Pen]

Hi Sue, wait till you have all the money, then see him squirm, I would'nt let him have a sniff of it, (he of little faith) but I suppose you have to as they are his chargers after all, Dam!!! It's a good job you love him really.

 

Pen

[darling1]

Hi Pen, thanks for that!! I'm not sure if he should see that post!! But that is what I say to him all the time!

Thanks GaryH, I will try and get all this together asap. and when I have worked out what to do with all the info I gather and print off, I will ask what to do next!!

I was wondering, do we just give the judge all the info in a pack, of do we have to learn it by heart and state our case? OH is a good speaker, but he doesn't know his stuff (yet) although he can learn a script! Or do we give the judge all the directions (3 copies as before) and sit around whilst he goes through it all, or do we take it in so many days before the hearing??

So many questions...Sorry Darling1

[darling1]

Thank you gary for all the info you sent my via PM, the situation seems a lot more manageable now, there was a lot to print off!, and then the printer broke down on the last page! But after a lot of swearing and shaking it, it is now working again! So we are off friday to have a relaxing weekend in wales in a secluded spot, with no telly and no distractions!! (but noisy kids )Guess what we will be having for reading material? .

 

Just put another claim into the court yesterday for Nationwide and my son (for son read me) is at the AQ stage with the HSBC, so keeping busy with the B.A.G. stuff.

 

Why dont the banks just give up and pay up - thus saving themselves a great deal of extra money in court costs and extra interest :?, silly plan this pretending to fight routine!

[MSBANANA]

Oh have a nice time in Wales Darling1!!

And good luck with all your cases...

[GaryH]

So we are off friday to have a relaxing weekend in wales in a secluded spot, with no telly and no distractions!! (but noisy kids )Guess what we will be having for reading material? .

Sounds fantastic! Have a lovely time, and don't study too hard!

[Pen]

Hi Sue, I am sure I posted on this thread yesterday, I must be goint nuts. do you have another TSB thread by any chance?. Have you got any matches to burn it all after studying it, you beleive me you will feel like it.

 

Aslo with regards the banks, I think there should be a fining systerm in place for the courts to use when the banks fail to arrive having made clear that they would be doing. i'ts not just the costs involved paying us and their solicitores fee's although they could be using in house solicitors. it's the costs of using the courts, paying court officials, building usage costs etc which all ends up being paid by the tax payers, not the banks.

 

Pen

[GaryH]

it's the costs of using the courts, paying court officials, building usage costs etc which all ends up being paid by the tax payers, not the banks.

Exactly! I honestly cannot believe how they've managed to get away with cynically, systematically and so darn well blatently abusing a system which is basically is a public recource, for so long. Its unbelievable really. The worst thing is that there seems to be no end in sight either, it'll get worse before it gets better I reckon. Grrrr.....

[Butterflycollecter]

This is a very interesting case - just read it from start to finish- would make a good soap lol

[darling1]

Hope you don't have such a complicated case! Butterflycollecter , If they made this into a soap would anyone believe in it!

If you want to see a really interesting one clilck onto Pen's one (above) its a cracker....and its totally unbelievable!

 

Goodluck with it all!

[Pen]

Would not go that far Sue, maybe complicated. I have the ability lately to complicated everything to a point that even I don't understand what I'm saying.

 

But it does annoy me when I see all the cases being won, not because members have won the cases so the should but because the banks are so blarsay (not sure how to spell that) about it, not only are the riping their customers off but the publics as well. I do think that something aught to be done about it, I am going to write to email the PM if every member done the same or I CAGs got together with other multi consumer advice groups to draw up a petition for people to sign on the web I am sure thousands would sign it. we read alot in the press about bank chargers and how they are riping of customers but if the press also took the angle of the waste of tax payers money I am sure the whole public would get involved not just people who are paying chargers,

 

I will have a go at doing a petition and hopefully CAG could make it a sticky for all it's members to sign. I am not sure how to do it but it's worth a try, does anyone else agree.

Sorry Sue, this is not what you want on your thread maybe it could be moved to a new one.

 

I can't wait to hear you have all your chargers back, you are such a love and have been a great deal of support to me.

 

Pen

[darling1]

Ahh, ta pen.

 

You will get there, in the end! yep, I agree that if the emphamis was put less on the actual charges being returned and more on how much it is costing the average tax payer, something may get done about it. The only problem I see is that generally one does not get a lot of sympathy over the charges in the first place - there are far too many still saying that they do not get charges and that they are "good" because they don't. This implies we are naughty!! But, as you and millions of others know there for the grace of god go them! Anything can happen in your life, and you are not always in controll. Anyway rant over - start up an e petition pen, and you are welcome to come and say whatever you like on my thread!! Wonder how much it actually costs the court (tax payer) for each case that never goes to court??

[darling1]

I have printed off all the info that gary sugested, but I am wondering a few things, do we give the draft order to the judge - and when? when will he (or she) read it all?

do we have to talk through skeleton case? and the allocation question??

What happens of the LTSB arn't there on the 13th, will the case go ahead? or will it be struck out? If so how do we actually win? Getting scary now. On the original claim, I put that I wished to go in with my OH to the court, will that be ok still, as its only the prelim? I havn't heard anything from sc&m yet, if they do decide to settle, how will we find out, do we start calling the courts? and when..........Stressing or what !

HELP!

[GaryH]

Try not to panic. You've got everything you need in the last PM I sent you. I can't tell you how the judge is going to conduct the hearing, all I know is that of the reasons stated for the prelim, you've got all the points covered. In fact I'm sure you're ten times better prepared than most litigants who attend prelim hearings.

 

If Lloyds aren't there you should request judgement there and then. The judge may well be inclined to grant you it too. If not then the hearing will go ahead in their absence.

 

Yes, you can both go in. Do I remember rightly that this is a joint account?

 

If they decide to settle then you will be the first to know! No, don't call the court.

 

Remember - ITS ONLY A PRELIM! Nothing can be won or lost, you've got no pressure on you whatsoever. Ok, so your bound to be a bit nervous, but you should'nt let it get the better of you - once its over you'll wonder what all the fuss was about, I promise. There is absolutely nothing to worry about.

[GLADSTANES]

All the very best with your claim Darling 1.

 

ALL THE VERY BEST.

 

Gladstanes

[John72]

Hi

 

Hope you don't mind me tagging onto your case?

 

Good Luck - i'll be interested to see how it goes.

 

John

[darling1]

Thank you all, I am sorry to keep panicking - I just keep on suddenly thinking of everything - and then panicking again!!

Gary - hi, no this is not a joint account, but in the original NI I asked if I could be present, as OH not feeling confident on the issues, but since then he has been reading up - so more prepared now

[darling1]

Prelim (alocation) court date is on Friday 13th - 7 days to go, and no money or word from LTSB!

[darling1]

Today is Monday, no word from LTSB yet, s'pose I can just look forward to a wonderfully apt Friday the 13th . A lovely stressfull day in court!

I am completely loosing my sense of humour now, I am totally P***ed off now. Why can't they just pay up, surely they know CAGers won't back down?

Is there anything I can do to remind sc&m that this case is due in court in 4 days?? Should I ring them? I am just as concerned that they won't turn up, as I am that they will turn up!

A big claim like this MAY be worth defending?

I dunno - I am really feeling cross

[GuidoT]

They are likely to know when the hearing is and are unlikely to turn up, in particular as it is a prelim.

 

Personally I would not phone them, they settle when they are ready. However they can be bit random sometimes.

 

A allocation hearing is nothing to be concerned about, you will be fine.

[newbody]

Today is Monday, And A BANK holiday to boot (pun intended;) ) no word from LTSB yet, s'pose I can just look forward to a wonderfully apt Friday the 13th (dont forget the chainsaw and ice hockey mask:D ). A lovely stressfull day in court!

 

 

All joking aside as today is a bank holiday i would have been surprised if you had recieved mail today. As Gary as said most the way through this you are prepared so deep breaths and hopefully the postman will come a knocking for you tomorrow morning and if you do have to attend the hearing on friday hopefully the stress will be the banks and not yours

[GaryH]

Is there anything I can do to remind sc&m that this case is due in court in 4 days?? Should I ring them?

No. The more you chase them the more they'll try to frustrate you.

I am just as concerned that they won't turn up, as I am that they will turn up!

If they don't, then the claim will be allocated to track and a final hearing date set without them, or you may get judgement. If they do, the claim will get allocated to track and a hearing date set. Either way is fine. No need for concern.

A big claim like this MAY be worth defending?

No, the fact that the claim is large is irrelevant. In fact they are less likely to defend at the trial or final hearing becouse disclosure of one form or another is assured with a claim that size. They will absolutely not disclose, don't you worry about that!

 

They have nothing to lose by attending the prelim, so they may perhaps turn up for that, but as I said, you've no pressure on you whatsoever. Nothing can be won or lost at a prelim.

[GaryH]

I need typing lessons - too slow every time!

[darling1]

Gosh! that was a quick reply form the three of you! reassuring and helpful as always - will try and not loose the plot before friday!! Thank you for the support!

[GLADSTANES]

Darling,

 

You will be fine.

 

Friday 13th will be unlucky for them and LUCKY FOR YOU.

 

Think clearly and more power to you.

 

Regards

 

Gladstanes