Time delay after LBA

[charleyfarley]

Hi FF,

 

How's the plan coming together? or are you still at the tea-drinking and Mrs Angry stage?

[FoxyFiona]

Hi CF,

 

Very much so!! Bit wired from all the caffiene........

 

Thanks for the spreadsheet and you advise, much appreciated. I have been spending pockets of time today and yesterday (whilst working very hard too, broadband down at home:mad: still!) gathering information, thoughts and viewpoints on the Berwick/Lloyds business.

 

Think this is now my new plan, put together my court bundle, and send it to Abbey together with a firm letter pointing out that the Bewick case has no relevance to this claim and no thanks to the £2400 and he's the bundle for court.

 

Maybe perhaps they will then take me more seriously!?

 

I am convinced whilst they know it has no relevance they are relying on people panicking and just accepting stupid offers for the process to end.

 

Well not in this case - give me back my money I say!

[charleyfarley]

I think that sounds like a good plan. The cb takes a bit of time but it's not complicated just time-consuming. It's taken me a couple of hours photcopying, and writing up witness statements etc.

 

Have you given them your e-mail address, because it certainly seems to speed things up rather than using snail mail..................take cassie's case for example.

 

When you reject their offer make sure you give them a counter-offer of your own, even if it's "100% or nothing", but come down in hundreds not thousands, so maybe £9900 first off.

 

 

 

PS Nothing to do with this, I've just realised I've made 600 posts on here since January....................I need to go and get a life outside CAG

[Robdblynd]

FF, tell them to shove it. You are entitled to all of your money and them mentioning Lloyds is to try and scare you into taking what they offer.

 

I had 60% offered last night, again with the mention of Lloyds and I told them no thanks, then gave them a figure I would settle for, and said not a penny less. For good measure I threw in that the case was now in Mercantile so see you in court if you don't want to accept my figure. Now waiting their respone.

 

Don't let them put you off, you've done well coming this far, stick out the last hurdle and you'll get all your money and won't that feel good.

[bonnie0852]

sorry 4 jumping in someone elses thread, but Charley/Robdblynd.... what is "mercantile" and what exactly do u mean (charley) with yr quote u put in??? as u know im a dumb blonde/grey/brown and cant get my head around what the difference is between lloyds and abbey's defence?

sorry but gotta ask

Bonnie:-?

[mattyb13]

LLoyds also lost a simalar case today when they failed to turn up to a case in worcester. Jugde also awarded £50 extra as lost earnings for the claiment.

[Robdblynd]

Mercantile court is the one above County court, it CAN set precedent so the banks want to avoid it like the plague cos when they lose there, it's open the gates time to everybody else. Claims would almost certainly be settle very quickly without the need to go to court if that happened.

 

As for CF's quote, it means that Lloyds won the case because the claimant said he didn't breach their contract and Lloyds had claimed that the charges were in fact a fee for the service that they provided to the claimant so they were fair.

 

Abbey on the other hand specifically say in their defence that the you breach your contract when you go overdrawn without permission etc, so their charge is a fee to cover their adminstrative costs to manage your breach of contract therefore a charge for breachof contract, therefore a penalty, if you follow the reasoning.

 

HTH,

 

Tricia.

[Robdblynd]

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90660-lloyds-victory-view-judgement.html

 

Have a read of this, it might help you to put into perspective what happened the other day. It's very good.

[bonnie0852]

Hi Tricia and thanx 4 answering!! 1 more niggling question tho b4 i read that thread....... if i go as far as being in front of the judge, the way i understand it is i say i did breach the contract??? bear with me if ive got it completely wrong. :-?

Regards

Bonnie

[hagenuk]

Perhaps you could write back and suggest that if they wish to make reference to that one single Lloyds case then you will make reference to the numerous Lloyds cases where the defence was struck out as an abuse of process.

 

I would.

 

While you are at it, you could also include details from this thread http://www.consumeractiongroup.co.uk/forum/abbey-bank/70029-mariejader-abbey-defence-struck-6.html where Abbey's own defence was struck out - post #114.

 

They are posturing and you should not be intimidated by it, continue with your claim.

 

If you read the thread that I posted above, you will notice some excellent posts from GaryH, such as this one http://www.consumeractiongroup.co.uk/forum/abbey-bank/70029-mariejader-abbey-defence-struck-4.html at post #62.

[charleyfarley]

FF,

 

You ask, and BankFodder himself sorts it out for you........

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=6&a=92

 

I'm VERY impressed;)

[GaryH]

Hi,

 

I am currently claiming £9960 from Abbey, at the moment the Jedge has granted a months stay to resolve it between ourselves. Yesterday received this letter from Abbey.........

 

Dear .......

 

We refer to the general form of judgement or order staying this claim for settlement,.

 

We also refer to the recent judgement of the court in the matter of Berwick and Haughtons vs Lloyds TSB where in it was found that "there was no grounds in law for recovering from the bank the amount of any charges he had paid to it"

 

In a final attempt to resolve this claim, Abbey National PLC is prepared to make a payment to you in the sum of £2400.00 in full and final settlement of your claim.

 

There must be some charges incurred for the defaults that have in fact occurred on your account.

 

We trust you will view this offer as a genuine attempt to reach an amicable resolution of your claim without recourse to a fully contested court hearing.

 

Should you wish to accept this offer please sign the enclosed copy of this letter and return the same to us in order that payment can be processed.

 

We look forward to hearing from you.

Tell her to sod off (politely of course!). I can hardly believe they've got the gall to quote that case - its completely irrelevant, and even if the issues were the same (which they're not!) its only a small claims judgement anyway. And, most would say, a flawed one at that which is subject to an appeal.

 

A suggested rebuttal, which as Hagenuk recommended quotes the case numbers of the claims struck out as an abuse of process -

http://www.consumeractiongroup.co.uk/forum/abbey-bank/91420-your-bank-quoting-lloyds.html#post836625

 

In view of the fact that the court has ordered a stay for settlement, you may wish to amend or soften it slightly - add a section saying that for the avoidance of doubt you are fully amenable to an amicable settlement, but it must be the full amount of the claim unless they are prepared to disclose their verifiable actual loss incurred as a result of your breaches, upon which you will be happy to reduce the claims value by that amount.

[Seminole]

Abbey are jumping on a bandwaggon here and I think they can be ignored.

 

Veterans of this forum will be fed up with the story of my claim against Abbey. Essentially I recovered £10k last year. After months of prevarication about complying with my Data Protection Act, Abbey paid up very soon after I made my court claim. I threatened them with seeking amending my claim to seek a declaration that the bank charges were unlawful. This would have multitracked the claim and made a proper hearing inevitable. They settled within 48 hours of receiving my ultimatum.

 

It seems that they will react to a serious threat of court action in a cowardly manner but they're happy to quote a irrelevant court case to try to intimidate people into accepting a poor offer or putting them off making a claim. This bullying attitude, in my opinion, sums up quite well how this bank deals with its customers.

[Lula]

Try this response, change the details as necessary, I beleive it kicks ass, and Gary H wrote it so dont thank me, thank him

 

Dear XXXXX,

 

Thank you for your recent e-mail/letter.

 

Unfortunately I am not willing to reconsider my position in respect of the amount at which these matters will be settled.

 

I am wholly disappointed that you have chosen to erroneously cite the case of Berwick -v- Lloyds as relevant in respect of my own claim against your client.

 

As you are surely very well aware, the issues upon which the recent judgement was made in favour of Lloyds TSB fundamentally differ from those of my own claim. The District Judge at Birmingham County Court found that in the particular case, a breach of contract was not demonstrated by the claimant, and therefore upheld Lloyds defence that the charges were fee's for a service, as opposed to default charges. This judgement is subject to an appeal.

 

Abbey Plc does not attempt to "cloak" its charges in the same manner - it readily admits that they arise from breaches of contract, and you do in fact refer to them as 'defaults' in the very e-mail to which this message is in reply.

 

Therefore, I consider your last message to be part of a cynical wider strategy of attempting to intimidate claimants and flagrantly abusing court process as a means of limiting your exposure to these claims.

 

Accordingly, I respectfully request that you reply to me by 6pm on Monday May 23rd retracting your reference to the case of Berwick -v- Lloyds TSB, and furthermore, apologising for this error.

 

Should you decline to do so, I shall draw this matter to the attention of the court forthwith, as well as the BBC and other media outlets.

 

I look forward to your prompt response.

 

Regards,

 

 

Also, the bbc would like to hear from people who the banks are quoting the Lloyds case to

[conncat]

FF,

Use the letter that Gary has drafted I have.

conncat

[Lula]

I nearly wet my pants when I first saw it and would halve my claim just to see the look on Ingas face when she reads it

[Lula]

another thing is, you are probably fast track and that has automatic disclosure, which is something that they dont want to do, it is just an intimidatory tactic and totally unacceptable

[FoxyFiona]

Hi Guys!

 

Been away from computer all weekend, and your responses and support has truely brightened my morning!

 

I am going to send my refusal letter together with my court bundle to prove I am not joking or intimidated.

 

Thanks again guys, much appreciated

 

Fiona x

[Robdblynd]

Go get 'em Foxy.

[FoxyFiona]

Well this bundle is doing my head in now, feeling even more out of my depth. Can anyone lead me to an example of a witness statement?

 

Going to send off a letter refusing their 25% and their bullying tactics, GaryH has compiled a very stern letter regarding using the BewickvLloyds quote, not sure if Im brave enough to use it though:o

 

Printed off the 40 pages of the court bundle but its just a load of writing havent got a clue, hope the judge doesnt ask me what it means?!

 

ARGH!!!!!!!!!

[charleyfarley]

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

 

Hi FF,

 

don't worry, it's just a lot of paper with writing on that should bring you a load of money.

[FoxyFiona]

Cor the more I read it the harsher it sounds, not sure if I have the bottle to pull it off..............

[Lula]

awwwwwwwwwwww Fi, do it!!!!!! you will love the feeling, i bet she kakks her pants when she reads it

[Josie8]

Go get 'em Foxy.

Ditto..........there's no way they will want this heard in the Mercantile court.........just remember to tell the Judge that you did breach contract ..............

[FoxyFiona]

Thanks Lula, that made me laugh out loud! What a tonic

 

Husband says same "what are you waiting for sock it to em!"

 

Josie - I BREACHED THE CONTRACT!! - give me my money back!

 

ps Letter going off today!