Son -v- Lloyds TSB .. ** WON **

[coral123]

I'm currently helping my son reclaim his charges from Lloyds. Court Hearing date is set for 3rd January and getting closer so I'm trying to get everything together. Any advice from anyone who's been to Court (Has anyone been to Court yet?) will be much appreciated. Spent hours researching and gathering everything together but now I'm wondering if I'm overdoing it a bit cos there's so many pages for our court bundle it's becoming very complicated :-? , and we're only claiming around 12 charges that have been taken since January this year. (and just to cap it all my printers running out of ink!)

 

SC&M did ask for the month to negotiate settlement but this has passed without any contact from them, and my sons letter to them inviting contact seems to have been ignored.

 

Since he started this action the only communication he's received are demands from 2 separate debt collection agencies (to which we've responded appropriately) for repayment of his overdraft which is entirely fees i.e. overdraft excess and interest which LLoyds have continued to charge throughout this dispute.

[BARTY]

Hi

Have you submitted your Court bundle etc yet?

You could try ringing SC&M asking if they have submitted their evidence yet, it might result in them telling you some good news.

Let us know how you get on.

Good luck!

Barty:)

[coral123]

Tried to phone SC&M but no one available. Wrote to them reminding them that they requested a month to arrange settlement inviting them to contact - but no response.

 

The Court Bundle is whar I'm trying to finalise at the moment - well, the facts of the case is what we've struggled with. Think we're trying to cover too much ground cos we have an issue with LLoyds over why the 1st direct debit bounced - took them 3/4 days to action an internet transfer of funds from my account to my sons - both with the same branch of LLoyds TSB. I have made this same transaction on other occasions and the funds have been transferred straight away.

 

Also, we find some of the points of LLoyds TSB Defence questionable because this account was opened as an under 19's account i.e. a children's account when my son was 13, and so, as far as I can understand, would be too young to enter into a commercial agreement or any other kind of agreement or contract with the bank. This was never changed by him - he never applied for, or received a debit card or an overdraft on the account for example (in which case the bank would have issued him with revised terms and conditions and he would have entered into a credit agreement)

 

See what I mean - are we trying to cover too many points?

[upton11]

I would imagine that as long as you know your way around your documents you will not be critised. In any event people rarely fail for being over prepared. My instinct though is that the issue of the delay re the transfer of funds will not be a matter for the court to decide upon, but it will provide a good illustration of the 'computer says no' mentally the banks embrace when charging its customers these inflated 'service' fees.

 

Finally if a document is in the bundle, but is not needed, then it simply would not be referred to during the hearing. As long as the document has relevance to your claim I would include it.

 

Regards

Paula

[coral123]

Thanks for that Paula - better to have too much info than too little.

 

Had a brief moment this afternoon when I felt totally beaten by the task - couldn't access the schedule of charges cos excel wouldn't work (re typed it in works), then printer ran out of ink - but soon pulled myself together though.

[coral123]

Well, the court hearing is set for 10 am tomorrow (correction - gone midnight now so it's today) and still nothing from Lloyds or SC&M and that includes statements (as directed to be served and filed by the court) so we'll just have to see what happens in the morning.

[datxman]

Good Luck with the court today, I believe that you will be more than capable to answer any questions they can shot at you. Just remember you are the one in the right and that is what's going to be proved today.

 

Good luck and keep us informed.

[elsinore]

Not exactly sure if this a diections hearing or the real thing Coral, but just one last thing.

Have you checked son's account to see if they've paid in at last minute?

 

If not, good luck!

 

Elsinore

[dolly]

Any news???!!!!

[datxman]

How did you get on today???

[upton11]

Well, what happened yesterday?

 

Paula

[datxman]

I think they are out on a bender spending all of his winnings thats why there is no response

[upton11]

I hope you are right - no news is good news and all that!

[coral123]

Sorry for keeping you all in suspense folks. Been a hectic week - daughter home on leave for 1st time in months and a poorly mum to help out so I could REALLY have dome without having to go to Court with son!

 

Abyhow, we turned up and of course LLoyds didn't. But, the court had received a letter from SC&M on 2nd January saying that they had settled and sent a cheque on 28th December. We hadn't received anything from them as of 3rd January. From following other threads we'd gathered that LLoyds have been known to just credit the bank account, (and we had requested that the account be credited) so, on 28th December coincidentally, I'd tried to print off a mini statement at the Lloyds bank cashpoint. Note that I only requested a mini statement - no withdrawl or anything else. The cashpoint said it couldn't deal with the request and kept the card. My son wasn't with me so I couldn't do anything about it in the bank. We wanted to check that no more fees had been taken as he hasn't had a statement since 1st November.

 

At court we went in and sat with the judge, who was under the impression that we had received the cheque. We explained that we hadn't had anything from SC&M or LLoyds since the AQ stage. We also pointed out that the settlement SC&M said they had made was short by around £30 (presumably the court fee). We also pointed out that we weren't sure if any further charges had been taken by the bank because no statements were being sent by Lloyds and explained what happened at the cashpoint when we tried to get a mini statement.

 

The judge checked over the figures and has made an order that Lloyds pay the full amount claimed plus any further charges to December within 14 days.

 

This morning we have received a cheque from SC&M for the amount they told the Court they were paying - which of course is £30 short, and we are still waiting for a statement to check if Lloyds have taken any more fees!

 

We can't decide whether to bank this cheque, or return it to SC&M asking for the full amount, confirmation that no more fees have been taken from the account and confirmation that they have not entered a default. Any suggestions?

[elsinore]

Hello Coral.

As you have an order from the court that LTSB must pay you in full, I think you can safely bank the cheque (in a different bank presumably!).

 

As soon as you know whether LTSB have debited any further charges you can drop a line to SC&M asking for the total balance to be paid in the same way. Enclose a copy of the Court Order with your letter, so they are in no doubt. Send a copy of your letter to SC&M to the court, making sure it says so on SC&M's copy.

 

Congratulations on your victory!!

 

Elsinore

[datxman]

Well Done, it's a nice way to start your new year - ALL THE BEST

[upton11]

Many many congratulations. Now you can relax and enjoy your daughter's leave

 

Regards

 

paula

[kazzaw]

Congratulations!!!