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kkatiew v Lloyds ***WON***


kkatiew
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Hi,

 

I am in hope that someone can advise my next step.

 

Basically, I sent the DPA request and received my statements within the 40 day limit dating back 6 years. I then sent the letter to Lloyds asking for it back including the spreadsheet of charges. I received the standard letter saying 'i'm sorry you're not happy.....'. I was then waiting for the 14 days to exceed, when today I have received a personal letter as below :-

 

" Thanks for getting in touch with us......

Like any business, we do make a charge for some of our extra services.....

You've mentioned the new guidelines from the OFT on credit card charges. We don't agree with the OFT's thinking on this and we're still talking it through with them. But the important point is that the guidelines only concern 'default' charges. The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard prices for the service we provide in these situations. So according to our Legal Experts, the OFTS's guidelines on credit card default charges do not in any way apply. I do hope you can see that we make our charging system as fair as possible and I cannot agree to cancel your charges..... "

 

Now firstly, I didnt mention anything about any credit cards ( I am requesting charges back for o/d charges and returned dd etc.

 

Secondly, what reply do I send back to this ?

 

Any help would be much appreciated.

 

Katie

 

Ps Love this site.

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hi kkatie

don't panic, this is just a standard response letter. check out some other longer threads for reassurance, or Reload posted a thread showing bank 'template response letters' which is very handy.

 

BTW, welcome and good luck

 

regards

the train of thought has left the station, hope i was on the right platform!!

 

____________________________________________________

Lloyds TSB

prelim sent 06/07/06 response rec'd 14/07/06

LBA sent 20/07/06 response rec'd 27/07/06

Moneyclaim filed 22/08/06 Ack'd 30/08/06

Defence filed 26/09/06 AQ filed 12/10/06

hearing set for 10th Jan 2007

 

Cap One

prelim sent 2nd Nov 2006 First offer rec'd 14th Nov

any thoughts, suggestions or advice given by MBQ are done so without prejudice. All information I have, i have learned from this excellent site. If in any doubt, seek professsional advice.

 

 

 

 

 

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  • 2 weeks later...

Hi,

 

I have followed the templates and guidance given throughout this site (brilliant site by the way) but when I calculated my spreadsheet of charges I included the 8% interest and sent this to them. I sent a copy with the prelim letter and again with the LBA. Have I cocked things up ? What do I need to do now ?

I am currently at the stage where I need to be filing a claim against Lloyds TSB.

 

Any help would be great.

 

Thanks

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  • 2 months later...

Hi,

 

I am currently pursuing a claim with Lloyds at the moment. Awaiting a transfer of court hearing to my local court. I received a letter this morning from Lloyds to say I have been charged £120.00 for returned direct debits as there was not enough money in my account to cover them.

 

What would be my next course of action due to the pending court hearing ?

 

Many thanks

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Guest ian cognito

You need to start another claim for new charges, they may pay out a bit quicker when they know you're serious tho.

 

Good luck

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  • 3 weeks later...

I received a copy of the AQ from Sechiari, Clark and Mitchell yesterday. Conveniently when asked of any dates in which they are unavailable they put November/December 2006 ! Thanks for that....

 

Anyway, in their AQ they've ticked no for any settlement....blah,blah,blah

 

But they have asked for a copy of my AQ. Now I didn't take a copy and presumed the court would send a copy on to them. Would I be able to get a copy of my AQ from court, if not what should I do ?

 

Many thanks

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Many thanks, I will do that..... They've got Nov/December to receive it anyway.

 

Also, forgot to mention. On the AQ filled out by SCM, they said they have a witness other that themselves. Has anyone else had this and if so, who would this be ?

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  • 2 weeks later...

Hi Everyone,

 

I've today received 2 letters from Court. One is a General Form of judgment or Order which states ' The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days.' - I'm presuming I don't need to do anything for this ?

The other letter is a Notice of Allocation to The Small Claims Track (Hearing). This goes on to satet the date, time etc of the hearing. It does ask for documents on which I intend to rely on to be sent to the court 14 days before. The hearing is dated 14 March 2007. - Again, I'm presuming nothing needs to be done yet ?

Any help would be gratefully received as I'm now getting a little shakey at getting this far... !

 

Many thanks

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hi kkatie

i'm at exactly the same stage, only my hearing is 10th Jan. Don't panic too much, i know it's scary, but there is a 'court bundle' sticky somewhere (no good at copy and paste, sorry) and this should give u all the ammo u need to have in case u should end un in front of the judge. Likelyhood is that you'll receive settlement before then.

 

If this info is inaccurate, i apologise in advance, and i know someone will steer u in the right direction.

 

be strong, good luck

 

regards

the train of thought has left the station, hope i was on the right platform!!

 

____________________________________________________

Lloyds TSB

prelim sent 06/07/06 response rec'd 14/07/06

LBA sent 20/07/06 response rec'd 27/07/06

Moneyclaim filed 22/08/06 Ack'd 30/08/06

Defence filed 26/09/06 AQ filed 12/10/06

hearing set for 10th Jan 2007

 

Cap One

prelim sent 2nd Nov 2006 First offer rec'd 14th Nov

any thoughts, suggestions or advice given by MBQ are done so without prejudice. All information I have, i have learned from this excellent site. If in any doubt, seek professsional advice.

 

 

 

 

 

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I've today received 2 letters from Court. One is a General Form of judgment or Order which states ' The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days.' - I'm presuming I don't need to do anything for this ?

 

 

An order for what? Can you post it up in full please?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Here goes....

 

GENERAL FORM OF JUDGMENT OR ORDER

 

Before District Judge Young sitting at Sheffield County Court. The Law Courts etc.....

 

Upon the Courts own motion. The court has made this order of it's own initiative without without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

The defendants do file and serve copies of all relevant documents by 4pm on 29 December 2006.

 

Basically is this something I need to worry about ?

 

Kind Regards

 

And many thanks

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Hi

It's nothing to worry about, but you need to get all your documents together to send to Court by 29/12/06:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Good luck!

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Yep, what Barty said.

 

As well as everything in the court bundle, amend to suit and add this to your evidance too - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177. You need 3 copies of everything - one for you, one for the court and one for Lloyds solicitors. Get it all off ASAP, but certainly no later than the date ordered. A settlement should follow soon after.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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No. You have the statement with the new charges on i assume?.

A copy of that should suffice.

 

Good luck

 

Uk. . .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi Everyone,

 

I'm just gettibng all my documents together to put forward to the court and have been reading the different threads on what to include. The thing is , although I kept copies of all my letters that I sent to LTSB, I didn't keep the letters that they sent to me.

 

Do you foresee a problem ?

 

Many, many thanks

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